Case-Mate Inc., a Georgia corporation, and home to the Case-Mate brand (“Case-Mate”), has adopted the following Minimum Advertised Price Policy (“MAP Policy”) for all Case-Mate products, except as designated by Case-Mate from time to time in writing or as posted on a website (“Covered Products”). Case-Mate’s goal in establishing this policy is to avoid degradation of, or damage to, the premium quality and image of its Covered Products and to the trademarks, other marks, brands or trade names under which its Covered Products are sold. Case-Mate intends to sell these Covered Products only to Distributors/Resellers that do not advertise Covered Products below the Minimum Advertised Price set forth in this policy. Case-Mate may choose to enforce this policy through action up to and including termination of a Distributor/Reseller or other authorized distributor that advertises any Covered Product below the stated Minimum Advertised Price as set forth below. This MAP Policy will be applied and enforced as follows:
- The minimum advertised price (“MAP”) for each Covered Product shall be the price designated as the MAP on the current Case-Mate price list as issued by Case-Mate from time to time, or, if no MAP is listed for any Covered Product, the MAP will be the Manufacturer’s Suggested Retail Price (“MSRP”) for that Covered Product minus 15% of that MSRP. Current price lists may be obtained by contacting a Case-Mate sales representative. The MAP for one or more products may be amended from time to time and may be suspended periodically for national, regional and/or seasonal promotions sponsored by Case-Mate. Changes to the MAPs will be posted on the Case-Mate website designated by Case-Mate and will supersede the MAPs on the price lists. It is the responsibility of distributors of Case-Mate Covered Products to monitor the designated Case-Mate website for updates.
- This MAP Policy applies to any and all forms of print and electronic media, direct mail, and audio and video communications. Examples of communications to which the MAP Policy applies are set forth in the linked MAP Policy FAQs.
- Case-Mate considers any price advertised below the MAP a violation of its MAP Policy. For example, if a product with a MSRP of $34.99 is advertised at or below $29.74, this is a violation of the MAP Policy.
- The MAP Policy only applies to advertised prices of Covered Products, and not the prices at which Covered Products are actually sold. The dealer is free to resell Covered Products at any price of its choice.
- Case-Mate reserves the right to modify, suspend, or cancel the MAP Policy, or modify any or all MAPs at any time. Case-Mate will provide notice of any such modifications, suspension or cancellations on the designated Case-Mate website. It is the responsibility of each member of Case-Mate’s distribution network to monitor the Case-Mate designated website for updates.
- If a dealer advertises prices below those required by this MAP Policy, Case-Mate shall take appropriate action to enforce this MAP Policy, including but not limited to one or more of the following actions:
- Notify the dealer of the non-compliant advertisement with a reminder of Case-Mate’s MAP Policy on Covered Products.
- Suspend the dealer’s right to sell the Case-Mate Covered Product in question for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from Case-Mate;
- Suspend the dealer’s right to sell the entire Case-Mate series designation in question (e.g., Brilliance, or Karat, etc.) for a period time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from Case-Mate;
- Suspend the dealer’s right to sell the entire Case-Mate product portfolio for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from Case-Mate;
- Suspend the dealer’s right to sell the entire Case-Mate product portfolio for a period of not less than one (1) year, commencing from the date of notice from Case-Mate; and/or
- Terminate the Distributor/Reseller Agreement or other relevant agreement between Case-Mate and the member of the distribution network who has violated this MAP Policy.
- Case-Mate will make all decisions concerning compliance with and enforcement of this MAP Policy unilaterally. This MAP Policy is a unilateral declaration of policy by Case-Mate and does not reflect or constitute an agreement between Case-Mate and any Distributor/Reseller, any other authorized distributor, or any other person or entity, and by issuing this policy Case-Mate is not seeking any such agreement.
Advertising discounts where the resulting price is at least as high as the MAP for the Covered Product.
Advertising that does not state a price directly or by reasonable implication.
Advertising that promises to “meet or beat” a competitor’s price.
Advertising that offers free or low interest financing, deferred payment, free shipping, free installation or some other free service for a Covered Product, provided that the advertisement does not subtract the value of the offer or free service from the advertised price of the Covered Product.
Advertising for Covered Products that are clearly designated as “refurbished,” “demo” or “used.”
Advertising that includes an offer of a gift card when a Covered Product is purchased and that provides for a future discount on subsequent purchases from the dealer.
Advertising of a blanket price reduction, applicable store-wide, so long as no Covered Product is shown in the advertisement with the discounted price.