MAP

KDR Pet Treats, LLC, dba Plato Pet Treats®

 

Minimum Advertised Price Policy

Effective Date: January 1, 2016

 

  1. Introduction

KDR Pet Treats, LLC, dba Plato Pet Treats® (“Plato”) produces a super-premium line of treats for companion animals.  Plato has built a distribution network of independent distributors and retailers across North America who provide exceptional service, and educate discerning pet owners of the quality and benefits of our product line.  In order to support our sales partners’ delivery of outstanding service, product promotion, and education, and to preserve our sales partners’ profit margins by discouraging price erosion, Plato has unilaterally established, and will consistently enforce, this Minimum Advertised Price Policy (the “MAP Policy”) for all Plato products sold or resold in the United States and Canada.  Plato established this MAP Policy because reseller advertising and sales practices that promote Plato products primarily on the basis of “price” are detrimental to our sales partners’ education, service, and support efforts, and damaging to Plato’s super premium branding and competitive position.

  1. MAP Policy Statement

Plato, in its sole discretion, reserves the right to discontinue doing business with any distributor, wholesaler, retailer, or e-tailer (collectively “Reseller”) that advertises any Plato product at a price lower than the Minimum Advertised Price (“MAP”) set forth at www.platopettreats.com/map/.  Resellers must ensure their continuous compliance with the MAP set forth at www.platopettreats.com/map/ each time an advertisement for Plato products is circulated.

  1. General Guidelines
  2. The MAP Policy applies only to advertised prices, not the actual price at which Plato’s products are sold or offered for sale in-store or over the telephone.
  3. Plato’s MAP Policy does not apply to in-store advertising.
  4. An “advertisement” includes any print or electronic media of any kind, including, but not limited to, all website pages and banners, social media (g., Facebook, Instagram, Twitter, etc.), emails, blogs, newspapers, magazines, flyers, brochures, posters, postcards, coupons, catalogs, billboards, television and radio ads, and other marketing or promotional materials.
  5. A MAP is assigned to every Plato product. Plato products must not be advertised for sale at a price less than the MAP in effect on the date of the advertisement.
  6. Plato’s sales personnel and other employees have no authority to modify or grant exceptions to the MAP Policy. Questions about Plato’s MAP Policy or the published MAP for any Plato product must be directed to Plato’s MAP Administrator at map@platopettreats.com.
  7. Plato will monitor and enforce the MAP Policy in its sole and absolute discretion. Plato reserves the right not to do business with any Reseller who violates the letter or spirit of the MAP Policy.
  8. Plato may in its sole discretion update, revise, suspend, or discontinue its MAP Policy in whole or in part at any time, with or without notice. MAP Policy changes shall be published at platopettreats.com/map/.
  9. Examples of Prohibited Advertisements and Activities
  10. Website features such as “click for price,” automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, and automatic price display for items prior to being placed in a customer’s internet shopping cart, and other similar features are considered to be communications initiated by the Reseller rather than the customer, and thereby constitute prohibited “advertising” under Plato’s MAP Policy.
  11. Any advertisement that suggests or implies a price lower than the MAP will be considered a violation of this MAP Policy, such as:
  12. Advertisements offering discounts below the MAP (whether presented as a per cent of the price, dollars off, non-tax rebate, or other discount).
  13. Advertisements offering rewards, gifts, gift cards, free merchandise (i.e., buy one-get one free), coupons, or other incentive offers.
  14. Advertisements telling shoppers that a lower price may be found at the checkout stage.
  15. Presenting the MAP with a graphic (i.e., slash line through MAP) or statement (i.e., “price too low to print”) suggesting that the final price is less than the MAP.
  16. “Bundling” (i.e., the inclusion of free or discounted products [whether made by Plato or another manufacturer]) is contrary to the MAP Policy if bundling the product has the effect of discounting the advertised price of the Plato product below its MAP.

If a Reseller has any question whether a proposed advertisement or related marketing activity violates the letter or spirit of the MAP Policy, the Reseller should contact Plato’s MAP Policy Administrator at map@platopettreats.com.

 

  1. Examples of Permitted Advertisements and Activities

The following features, offers, and activities are not considered a violation of the MAP Policy:

  1. Reseller-paid shipping.
  2. Reseller-paid sales tax.
  3. Generalized promotional language that does not include an advertised price that violates this MAP Policy (i.e., “we have the lowest prices”; “we will beat our competitors’ prices”; “call for price”).
  4. In-store displays, signs, hangtags or markings on products or packaging.

If a Reseller has any question whether a proposed advertisement or related marketing activity violates the letter or spirit of the MAP Policy, the Reseller should contact Plato’s MAP Policy Administrator at map@platopettreats.com.

  1. Policy Enforcement
  2. Plato reserves the right to enforce its MAP Policy at any time and in any manner determined appropriate in Plato’s sole and absolute discretion including, but not limited to, prohibiting Resellers’ participation in Plato’s sales and marketing promotions, limiting supply of products, cancellation of orders, temporary or permanent refusal to accept new orders, and pursuit of any available legal remedies.
  3. The MAP Policy applies to every level of the distribution chain, including distributors, wholesalers, retailers, and e-tailers. Distributors and all other Resellers are expected to notify their non-consumer customers regarding the existence of the MAP Policy, and to demand compliance with the MAP Policy by all downstream Resellers.  Failure to notify non-consumer customers of the existence of the MAP Policy and/or failure to demand compliance with the MAP Policy will be considered to be an attempt to circumvent the MAP Policy and may result in termination of all future sales.
  4. A violation of this MAP Policy by one location or website of a multi-location or multi-website Reseller will be enforced as a violation against all affiliated locations or websites.
  5. Plato’s MAP Policy Administrator is solely responsible for determining whether a violation of this MAP Policy has occurred, as well as determining appropriate sanctions.
  6. Plato monitors the advertised prices of its products directly and through third party agencies or services.
  7. Resellers must cooperate with Plato’s investigation of possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with the investigation of a possible MAP Policy violation constitutes a violation of the MAP Policy.