PF Enterprises Minimum Advertised Price (MAP) Policy

Updated & Effective April1, 2020

PF Enterprises is a global leader in the distrinution of Bernie Brown Dinnerwares and gifts. In an effort to preserve the brand image and reputation of PF Enterprises , the perceived premium value of its products, as well as to protect the interests of its Resellers who have invested resources into services for their customers, PF Enterprises has unilaterally adopted this Minimum Advertised Price Policy (hereinafter referred to as "MAP Policy" or this "Policy"). PF Enterprises 's MAP Policy applies to all retailers, including catalogs and internet retailers (collectively, "Resellers"), who resell PF Enterprises products individually or bundled with other third party products or services to end users located in Canada. It is the intention of PF Enterprises to enforce this Policy aggressively and uniformly.

MAP Products & Prices:

MAP Products (or MAP Product) are defined as all PF Enterprises products covered by the MAP Policy. MAP Prices (or MAP Price) are the lowest prices at which a Reseller may advertise PF Enterprises products for sale to end users located in the United States without facing any of the penalties described in this MAP Policy. The MAP Policy extends to the Bernie Brown Collections. From time to time, PF Enterprises will provide its Resellers, via e-mail and/or PF Enterprises 's secured website that it makes available to its Resellers, with a current list of the MAP Products together with their MAP Prices, any additional terms and conditions that apply to them and/or any changes to this Policy. It is the Reseller's responsibility to adhere to PF Enterprises 's most updated MAP Policy and MAP Prices and to monitor its own advertising compliance.

Advertising Guidelines & Violations:

Advertising any MAP Product at a net price that is less than the established MAP Price is a violation of the MAP Policy.

The inclusion in advertising of free or discounted products, coupons or rebates (including via websites such as Facebook.com, Retailmenot.com, Mrrebates.com), or bundled promotions (whether made by PF Enterprises or another manufacturer), with a product covered by the MAP policy, is a violation of this Policy if it has the effect of discounting the advertised price of the covered product below the MAP Price.

Advertising with a "starting price" or "buy it now" price below the applicable MAP Price is a violation of this Policy. Prices for PF Enterprises products that are below the MAP prices may not appear in any online search tool (i.e., Google Shopper, Price Grabber, NextTag, etc) where a Reseller's website is linked as the source. If pricing is displayed, any strike-through or other alteration of the MAP Price that is paired with a discount price below the MAP Price is prohibited.

Any statements or other indications on the website in connection with any MAP Product that indicates or implies that a lower price may be found at the online checkout stage, such as a "click for price" or "sale price" button on a website that displays a price lower than the MAP Price, is a violation of this policy.

Any reference to the existence of a MAP Policy precluding a lower price from being advertised (e.g., "although we sell this product below MAP pricing, we are not allowed to post it", "price too low to print") constitutes implicit below MAP advertising and will be considered a violation of the MAP Policy.

Listing of any of our MAP products on Amazon or any other third party platforms without using the UPC barcode supplied by us is a violation of the MAP policy (also against the policy of Amazon).

Exclusions:

This Policy applies only to Reseller's advertising of MAP Products and does not apply to Reseller's actual resale price. Each Reseller is expected to independently determine the price at which it sells PF Enterprises products to consumers.

This Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s). Neither does it apply to the price at which PF Enterprises products are actually sold or offered for sale to an individual consumer within Resellers' retail location or over the telephone. Resellers remain free to sell the MAP products at any prices they elect under these circumstances.

This MAP Policy does not apply to any reduced price that a Reseller wishes to place within a purchaser's online shopping cart as a final stage of an online purchase(s), so long as the end user enters the final stage on his/her own without any reference on the website that a lower price will be found at the final purchasing stage. In addition, discounts applied at checkout to the entire order based on a customer's purchasing history with the Reseller, such as discounts for "frequent shoppers", do not violate this MAP Policy.

Free shipping and/or handling or free financing promotions do not violate this Policy.

Advertisements that do not display a price are not in violation of the MAP Policy. For example, a "Call or email for price" advertisement would not be a violation of this Policy.

Direct advertising such as catalogs, flyers, newsletter, direct mail pieces, and broadcast faxes, whether mailed, emailed, hand delivered or shipped in box with product (box stuffers), to Reseller's existing customers or members with an offer of a specific discount amount, or discount percentage, which nets the MAP Product price below MAP, is not a violation of this Policy, if only the discount amount/percentage (and not the net price) is shown. However, posting a specific discount amount or discount percentage to Reseller's registered members on the internet as well as direct advertising to general public with such an offer is considered a violation of this Policy.

This Policy does not apply to advertised prices for sale or closeout items announced by PF Enterprises or any non-MAP product. Resellers are free to independently determine the price at which such items are advertised.

Used and previously sold products can be advertised below the established MAP so long as the Reseller clearly and prominently discloses that the product is "Used" or "Previously Sold" adjacent to the product image. The disclosure must be displayed using a bold 12pt font size or bigger, and has to be at least one font size bigger than the rest of the text surrounding it. PF Enterprises defines used products as product obtained by the Reseller through customer return, demo units, or other means.

From time to time, PF Enterprises may engage in promotions with respect to certain products, either by designating them as such on its website or by listing them as such. Participating in this type of MAP authorized promotion (advertising below MAP), including but not limited to product bundles and consumer rebates, is not a violation of this Policy.

"Advertising"

For purposes of this Policy, the term "advertise", "advertising", and "advertisement" are defined as any and all media, including but not limited to flyers, posters, coupons, mailers, brochures, insert, newspapers, magazine catalogs, mail order catalogs, promotion codes, television, radio, public signage, social media (such as Facebook), e-mail and the internet.

Advertising on the Internet shall include all price information available through publicly available places on Reseller's website. Advertising on the internet shall also include all price information available through any other website, including but not limited to search engines, auction sites, price comparison sites, affiliate sites and platform partner sites. It is the Reseller's responsibility to ensure that advertising of PF Enterprises products, including their advertised prices, on any third party platforms are in compliance with this Policy.

Consequences of Violation:

A first infraction for failure to follow this MAP Policy will result in a warning and a five (5) business day opportunity to correct the violation. If the violation is not corrected within this period of time, or if a second infraction occurs, PF Enterprises will terminate benefits it provides to the violator including, without limitation, any trade discounts coupled with a suspension of the violator's eligibility to purchase from PF Enterprises for a period of 30 days. Thereafter, if intentional and/or repeated violations are found, PF Enterprises will cease shipments of all products to and/or terminate its business relationship with such Reseller. PF Enterprises reserves the right to not provide prior notice or issue warnings to any violator of this Policy before taking any penalty action under this Policy.

Authorized distributors are responsible for the advertising actions of any entity to whom it resells PF Enterprises products. Violations of the MAP policy by sub-distribution or members of an authorized distributor/wholesaler managed wholesale program are the sole responsibility of the authorized distributors/wholesalers and the authorized distributors/wholesalers will be subject to normal enforcement procedures should such violations occur.

PF Enterprises assumes sole responsibility for determining whether a violation of this Policy has occurred. Decisions of PF Enterprises are final and are not subject to appeal by PF Enterprises Reseller.

Monitoring and Reporting:

PF Enterprises assumes sole responsibility for enforcing this MAP Policy. A 3rd Party Reseller may, if it so chooses, submit to PF Enterprises reports and/or screen prints of advertised prices it discovers in the marketplace that it believes are not compliant with this MAP Policy. PF Enterprises shall independently act in its own interest in determining whether this MAP Policy has been violated and what action it may take with respect to the information it receives. Distributors of PF Enterprises products shall supply a copy of this MAP Policy to any new or existing Reseller to ensure its adherence to this Policy. To report a MAP violation, please email details to MAP@pfenterprses.ca

Voluntary Participation

PF Enterprises Resellers are free to advertise MAP Products at any price they choose and can determine for themselves whether to be bound by this Policy. Compliance with the MAP Policy remains at all times in the sole discretion of each Reseller. However, PF Enterprises only authorizes the use of its name, trademarks and product images in advertisements that include an advertised price that is at or above the established MAP Price. PF Enterprises also has the right to unilaterally announce the conditions upon which it will sell its products to Resellers. PF Enterprises will not discuss any conditions of acceptance related to this MAP Policy as the conditions are non-negotiable and will not be modified for any Reseller. PF Enterprises does not seek and will not accept assurances of compliance with this Policy at any time.

Policy Administrator:

PF Enterprises employee or sales representative are not authorized or permitted to discuss, modify or grant exceptions to this MAP Policy or to answer questions about the MAP Policy or its implementation. Questions, if any, regarding this Policy should be set forth in writing and directed to MAP@pfenterprises.ca No oral communications about this policy are authorized.

Reservation of Rights:

PF Enterprises reserves the right to modify, suspend or discontinue this Program in whole or in part at any time at its sole discretion. Notice will be provided to PF Enterprises Resellers by the MAP Administrator, who is the only authorized person to communicate modifications, suspensions or discontinuance of this Program.

Notwithstanding anything set forth in this Program, PF Enterprises reserves the right to unilaterally decide which resellers it will supply PF Enterprises products to and may for any reason, without assuming any liability, refuse to accept new orders for any and all PF Enterprises products at any time.

PF Enterprises Standard Purchase Terms & Conditions

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