Effective Date: November 1, 2023
1. Introduction
As a manufacturer and wholesaler of superior-quality gift and home décor products, Mark Roberts strives to provide only the best-quality products to our consumers and collectors through our network of world-class resellers.
Our success is a direct result of the success of our resellers in carrying and selling our products to end users. We recognized the substantial commitments of time and resources made by our resellers to make this happen. To support our resellers’ efforts and to protect the Mark Roberts image and brand equity, we are adopting a MINIMUM ADVERTISED PRICE POLICY (“MAP Policy”). We are adopting this policy because of the growing concern from both local store owners and online retailers about other resellers who aggressively discount our products. Such action benefits no one and is harmful to the Mark Roberts brand, competitiveness, and our resellers fair business practices.
Resellers who intentionally ignore or advertise any product below the stated MAP will be addressed accordingly, as outlined in our enforcement policy.
THIS POLICY IS NOT INTENDED TO CONTROL, RESTRICT, OR LIMIT IN ANY WAY A RESELLER’S SALES STRATEGY. THIS POLICY IS STRICTLY LIMITED TO RESTRICTIONS ON ADVERTISED PRICING. EACH RESELLER REMAINS ENTIRELY FREE TO DETERMINE ITS OWN SALES STRATEGY.
2. Policy Coverage
2.1. This policy will apply to all Mark Roberts Limited Edition Collectibles. MAP is not required for our General Decor products.
2.2. The policy will be enforced on all Collectibles in the current year and will extend to the previous calendar year.
2.2.1. Collectibles are all items whose SKU begins with 51, 52 and AI.
2.2.2. The following General Decor items are also considered collectibles and should be within MAP: Holly Family Collection, Faberge Jeweled Egg, King's Jewel Ornaments, Ballerina Ornaments, Crown Jewels Ornaments, and Jeweled Tree
2.2.3. Bases, Rotating Bases, and Stands are considered current year collectible regardless of the year they were released and should always be within MAP.
2.2.4. Our 12 Days of Christmas Collection is also considered current year collectible, regardless of the year it was released. This collection, from the first collectible to the last collectible, should always be within MAP.
2.2. A calendar year shall be understood as from January 1 to December 31.
2.3. Off-season collectibles that fall within the current and previous calendar year must also be within our stated MAP guidelines.
2.4. Limited Edition Collectibles offered at a discount by Mark Roberts to retailers from time to time as part of our promotional packages are not exempted from this policy and shall conform to the MAP guidelines stated herein.
2.5. Promotional events hosted by or sanctioned by our company may be temporarily exempt from the Minimum Advertised Price (MAP) guidelines. This exemption allows retailers to participate in such promotions without adhering to the standard MAP restrictions for the duration of the event.
2.6. Retailers intending to offer promotions on items still governed by MAP guidelines must notify Mark Roberts Customer Service in writing. This ensures proper record-keeping and compliance with the terms of the exemption.
2.7. The policy applies to local retail stores (brick-and-mortar), online marketplaces, and resellers' e-commerce stores.
2.8. The MAP policy applies to both the advertised prices AND the final price at which the products are sold or offered for sale.
3. Acceptable Advertising Practices
3.1. The advertised price covers all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as internet sites, social media sites, apps, or any other electronic media.
3.2. It is acceptable to advertise that a customer may
However, it is crucial that the original advertised retail price is not discounted before adding the product to the cart.
3.3. Special discount coupons or promo codes can be used to promote product discounts. However, when using these coupons or codes, remember not to display the final discounted price
3.4. Discounts may be applied during checkout or when a product is in the cart. When discounts are applied, the advertised or product price should never fall below MAP in any of the following instances:
3.5. The final selling price after applying a coupon, promo code, or any discounts should always remain within MAP.
4. Advertising Practices that are NOT permitted.
4.1. Authorized retailers may not use pricing strike-throughs on product prices, even if the final sale price complies with the Minimum Advertised Price (MAP).
This practice is not permitted because it can create a consumer perception that the product has a lesser monetary value than it should. This perception may undermine the perceived quality and value of our products, which goes against the purpose of MAP pricing.
4.2. Website features such as “click for price” and automatic price display for any items before being placed in a customer’s shopping cart, or other similar features that change /reduce the advertised retail price before adding the product to the cart, even if the advertised price is within MAP, are a violation because it goes against the spirit of this policy to maintain brand integrity.
4.3. Additionally, the original advertised retail price should not dynamically change when adding the product to the cart, and it must remain the same after adding the product to the cart.
4.4. If a product is advertised or promoted as part of a package that includes other products, it shall be a violation of this MAP Policy to advertise the package at a price that:
5. Policy on online marketplace platforms
5.1. Resellers who wish to sell Mark Roberts products in any of the online marketplaces, such as, but not limited to, Amazon or eBay, should communicate this intention to us by sending an email to customerservice@mark-roberts.com and providing the following information: (1) online store name; (2) primary contact person; and (3) name of the online marketplace.
5.2. Resellers who fail to inform us of their intention to sell a Mark Roberts product in any of the above online marketplaces will violate this policy. They will therefore not be considered authorized resellers and will be subjected to the restrictions available to us within those marketplaces.
5.3. Resellers may not sell any of the Mark Roberts products on the Walmart Marketplace or similar discount or low-priced sites. This includes sites where the pricing or business model is “price bidding”.
5.4. Discounting policy governing the Amazon Marketplace and other approved online platforms:
5.4.1. Pricing strike-throughs are not permitted.
5.4.2. You can use coupon codes or other discounting strategies to apply a discount provided that the final discounted price remains above the MAP (minimum advertised price) even after checkout.
6. Policy Enforcement
If a reseller violates this MAP policy at any one store location or on any associated website, then Mark Roberts will consider this to be a violation. Violations will be aggressively monitored and will result in the following graduated response level:
Serial Violations: Repeated violations or evidence of attempts to circumvent this MAP will also be treated accordingly.
MAP Violation | Policy |
1st Violation | The reseller will receive an initial violation warning. Violations must be corrected within 24 hours |
2nd Violation | • Violator will receive a second Notice |
3rd Violation | • Violator will receive 3rd Violation Notice |
6.1. Mark Roberts reserves the right to cancel any pending orders, restrict future orders, suspend resellers’ accounts, or terminate the relationship if it reasonably believes:
• a dealer has violated the provisions of this policy; or
• a dealer has repeatedly violated this policy.
6.2. The MAP Policy Administrator or its Retail Compliance Group is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions.
6.3. Mark Roberts tries its best to monitor the advertised prices of all its resellers directly or via the use of online monitoring tools. Resellers are expected to provide reasonable cooperation in any investigations regarding possible MAP policy violations.
7. Amendments
We reserve the right to modify or amend this MAP policy at any time. Retailers will be notified of any changes
8. Conclusion
This policy's goal is to promote fair competition and preserve our product's value. By following these guidelines, you help maintain a healthy, competitive marketplace. The policy will be consistently enforced by Mark Roberts to the best of our ability.
