Minimum Advertised Pricing Policy
Minimum Advertised Price (MAP) Policy Effective: Jan 1st, 2024
DIZZY PICKLE Athletic Wear and Accessories works hard to design and develop high quality athletic wear and accessories for teams, retailers, and distributors seeking unbeatable service, quality craftsmanship and innovative products.
DIZZY PICKLE’S success is tied directly to the success of our network of wholesale partners, distributors, and retailers (collectively referred to as “Resellers”) who invest significant time and resources to deliver an exceptional customer experience. Their commitment to DIZZY PICKLE and their commitment to stock our products is the foundation of a strong partnership and essential to a successful distribution model.
The purpose of a MAP Policy is to discourage promotional efforts focused solely on price and the advertising of un-decorated, blank DIZZY PICKLE products instead of promoting product quality, service, and decorated DIZZY PICKLE products. We believe these practuces are detrimental to Dizzy Pickle’s distribution model, reputation, and brand image.
In support of a healthy distribution model and maintaining appropriate margins for our distribution partners, DIZZY PICKLE has unilaterally adopted a Minimum Advertised Price (“MAP”) Policy and MAP price list. The MAP policy applies to all DIZZY PICKLE products purchased directly or indirectly from DIZZY PICKLE.
1. DIZZY PICKLE, at its sole discretion, reserves the right to discontinue doing business with any Reseller that advertises any product(s) covered by this MAP Policy at a price lower than our published MAP price list. See attached.
2. The DIZZY PICKLE MAP Policy applies to all advertised and published MAP products in all physical and electronic media, including but not limited to web stores, third party e-commerce websites, digital marketplaces (including eBay, Amazon, Walmart, Jet, etc.), coupons, flyers, posters, inserts, mailers, magazines, newspapers, catalogs, mail order catalogs, internet or similar electronic media including websites, blogs, forums, email newsletters, email solicitations, Twitter, Facebook, Etsy, Pinterest, Instagram, or similar social media sites, television, radio, and public signage. The MAP will be unilaterally established by DIZZY PICKLE and may be adjusted by DIZZY PICKLE at any time in its sole discretion and will reflect any discounted or off-price products.
3. DIZZY PICKLE will ordinarily provide an updated MAP price list in January and July each calendar year that may include new products or price changes but reserves the right to make changes more frequently. The MAP price list and policy can also be accessed on your account dashboard at dizzypickle.com. Resellers are expected to adhere to the most current information found on this site. Failure to do so will result in a violation of the MAP Policy, which DIZZY PICKLE may enforce in its sole and absolute discretion. The DIZZY PICKLE MAP Policy applies to all items on the MAP Price List.
4. This MAP Policy applies to activities that DIZZY PICKLE, in its sole discretion, determines to have the net impact of advertising prices below MAP. The inclusion in advertising of free or discounted products, cash rebates, BOGO (buy one, get one) or bundled promotions (whether made by DIZZY PICKLE or another manufacturer) with a product covered by the MAP policy, is contrary to the policy if it has the effect of discounting the advertised price of the product below the MAP. It shall be a violation of this MAP Policy to include in any advertising for DIZZY PICKLE products any additional discount, coupon, gift card, or incentive (whether in the form of a special event, promotion, term of doing business or otherwise) that creates a price reduction, where the cumulative effect is to reduce the advertised price of any MAP product below MAP. A Reseller may not make any statements, displays or communications on its website that indicate, state, imply or suggest that a lower price may be found at the online check out, including but not limited to: “click here for lower price,” “see lower price in cart,” “add to cart for lower price,” “check cart for lower price,” or similar language. Such website features as “Click for price," automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the Reseller (rather than by the customer) and constitute “advertising” under this MAP Policy. This MAP Policy also applies to any activity which DIZZY PICKLE determines, in its sole and absolute discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘volume purchases’ and the like. Promotions commonly referred to as “Friends and Family Sales Promotions” are not a violation of this MAP policy provided that these promotions have prior written consent from DIZZY PICKLE and: (a) occur no more frequently than twice per calendar year and for periods no longer than one week at a time, (b) are offered only to a limited group of prior loyal customers and family members of the Reseller, (c) are not advertised through digital means aside from email communication, and (d) require original nontransferrable invitations.Free shipping and/or handling or free financing promotions do not violate the MAP policy. Promotions that provide a free gift with purchase are not a violation of this MAP policy provided the gift is not a DIZZY PICKLE branded product.
5. If a Reseller with multiple store locations, web pages, or sales channels violates this MAP Policy on any particular outlet, then DIZZY PICKLE may consider this to be a violation by all of the Reseller’s channels.
6. From time to time, DIZZY PICKLE may engage in promotions with respect to certain products. In such events, Richardson reserves the right to modify or temporarily suspend the MAP pricing with respect to the affected products upon notice of such change. DIZZY PICKLE further reserves the right to unilaterally suspend, amend, or adjust the MAP at any time with respect to all or certain products in its sole discretion upon providing an updated MAP Policy webpage. DIZZY PICKLE’S primary, non-exclusive method of communication will be via its MAP Policy webpage for Resellers. Any changes to MAP will apply equally to all Resellers.
7. While DIZZY PICKLE reserves the right to take immediate action for any violation of the MAP policy, DIZZY PICKLE understands that there may be instances where a violation is inadvertent. As such, DIZZY PICKLE will typically provide notices of a Reseller’s failure to abide by this Policy, though it is not required to do so. Once DIZZY PICKLE is aware of a Reseller’s non-compliance with the MAP Policy, DIZZY PICKLE will provide violation notices with the expectation that the issues will be immediately resolved. If corrective actions are not taken to the satisfaction of DIZZY PICKLE, we reserve the right to impose appropriate sanctions up to and including termination of its relationship with the Reseller.
8. DIZZY PICKLE sales representatives are not authorized to make any agreements with respect to, this MAP Policy with any Reseller.
9. The decision to implement and enforce the DIZZY PICKLE MAP Policy is solely the unilateral act of DIZZY PICKLE. DIZZY PICKLE is not seeking input or agreement from any Reseller with respect to the adoption, implementation, or enforcement of this MAP Policy. The terms of DIZZY PICKLE’s MAP policy are confidential and may not be disclosed to any other parties.