Minimum Advertised Price Policy
Mud Pie is a leading gift company, founded by current CEO, Marcia Miller in 1988. The company began with 10 home items, and has since grown into an award winning manufacturer of items for the home, baby & kids apparel, and women’s fashion & accessories all designed to celebrate life’s special moments. Mud Pie is based in Atlanta, Georgia and is distributed to specialty retailers and department stores worldwide at wholesale.mud-pie.com.
All Mud Pie Wholesale Accounts should promote and protect the Mud Pie brand as well as operate to the Mud Pie standard and expectation. In order to protect that integrity, the following Minimum Advertised Price Policy (“MAP Policy”) outlines what is required in order to uphold that standard and expectation. This Policy will help ensure that Mud Pie products are appropriately promoted in the marketplace and ensure the brand equity associated with our products.
Retailers must be authorized by Mud Pie to sell its products in any location, including brick and mortar and/or on the internet. Retailers are expected to agree and adhere to the following conditions of the MAP Policy in order to avoid potential consequences of non-compliance.
MINIMUM ADVERTISED PRICE POLICY REQUIREMENTS
- Mud Pie “MAP” products may not be advertised at a price less than Mud Pie’s suggested retail price (SRP), which is equal to keystone markup of our current wholesale list price, hereinafter referred to as “MAP.” Retailers are responsible for staying current with the MAP products and MAP and to review the Mud Pie website in order to determine current MAP. For purposes of this Policy, an “advertisement” shall include any print or electronic media of any kind, including, but not limited to, all website pages and banners, social media, emails, blogs, newspapers, magazines, flyers, brochures, posters, postcards, coupons, catalogs, signage visible from inside or outside a retailer’s premises, billboards, television, radio ads, and other marketing or promotional materials.
- Minimum SRP = Keystone Pricing = wholesale cost x 2
- Average Mud Pie retail price = wholesale cost x 2.25
- Advertising that in any way suggests or implies a price lower than MAP will be considered a violation of this Policy. The following are some examples of possible policy violations:The following situations are not considered violations of MAP Policy: free shipping, sales tax rebates, in-store signage or displays, point of sale signs, hangtags, or markings on products, boxes or other packaging, and/or certain sales involving Mud Pie products not designated on the MAP list
- Buy One Get One Promotions (“BOGO”): Mud Pie products included in this type of promotion must maintain MAP and be excluded from the discount or free price
- Gift with purchase sales if the Mud Pie product is considered the free gift or a reduced price
- Advertisements indicating that a lower price may be found at the checkout stage
- Store or website wide sales that do not exclude Mud Pie products
- Percentage or dollar off instant reward offers and/or coupons
MINIMUM ADVERTISED PRICE POLICY COMPLIANCE GUIDELINES
- In the event that a Retailer fails to comply with this Policy, Mud Pie generally takes the actions outlined below, however, Mud Pie reserves the right to take any action against the Retailer without providing any such notice or without adhering to each or any of the steps outlined below:Mud Pie reserves the right to determine and apply consequences if a Retailer is in violation of this Policy, including, but not limited to, excluding the Retailer from participating in corporate programs and promotions, limiting the supply of products, canceling existing orders, refusing new orders, or termination of account. Interpretation and application of this Policy shall at all times be in the sole and absolute discretion of Mud Pie.
- First Instance of Non-Compliance: Mud Pie will notify the Retailer that the Retailer is in violation and place the Retailer’s account on do not ship (“DNS”) status. Retailer is required to notify Mud Pie once the violation has been fully corrected, at which point the Retailer’s account will remain in DNS status for an additional five (5) business day period. Provided there are no further violations in this five (5) business day period, the Retailer’s account will be released from DNS status.
- Second Instance of Non-Compliance: Mud Pie will notify the Retailer that the Retailer is in violation and place the Retailer’s account on DNS status. Retailer is required to notify Mud Pie once the violation has been fully corrected, at which point the Retailer’s account will remain in DNS status for an additional twenty (20) business day period. Provided there are no further violations in this twenty (20) business day period, the Retailer’s account will be released from DNS status.
- Third Instance of Non-Compliance: Mud Pie will notify the Retailer that the Retailer is in violation and will permanently place the Retailer’s account on DNS status. All of the Retailer’s existing orders will be cancelled and the retailer’s account will be permanently deactivated.
- In the event Mud Pie does not apply consequences to a Retailer for a violation of this Policy, this will not constitute a waiver by Mud Pie of any rights or remedies, all of which are expressly reserved, or a waiver its right to take any action it deems necessary in the future for any violation of this Policy. No Retailer or third party shall have the right to force Mud Pie to enforce this Policy against any other person of entity, including another Retailer.
- Mud Pie will not solicit evidence, but will accept information from Retailers, regarding possible non-compliance to the Policy by another Retailer, provided such information is addressed to the Mud Pie MAP Administrator at MPMAPAdministrator@mud-pie.com. Mud Pie will not share with any Retailer information about its decisions relating to any other Retailer. Nothing in this Policy constitutes an agreement between Mud Pie and any Retailer that such Retailer will comply with this Policy.
- No employee or sales representative of Mud Pie has any authority to modify this Policy or discuss any actual or alleged violation of this Policy by a Retailer with the Retailer. Any questions about this Policy should be in writing and directed to Mud Pie MAP Administrator at MPMAPAdministrator@mud-pie.com.
This Policy may be updated, revised, or modified at any time.
Mud Pie appreciates the support and loyalty of our retail partners, and we look forward to continuing our partnership and providing Mud Pie products to your customers.
This Policy is effective as of January 1, 2018.