Vital Industries Minimum Advertised Price (MAP) Policy

Updated effective July 1, 2015.

A Minimum Advertised Price (MAP) on all Vital Industries products is in effect. This policy applies only to U.S. retailers.

VITAL INDUSTRIES, LLC. (Vital Industries) actively supports the advertising and promotion of its products by its domestic retailers. We greatly appreciate the efforts of all resellers to distribute our products and support their customers. We have implemented this MAP policy to preserve our strong reputation for providing customers with high value products and after-sales support.

This MAP policy has been established by Vital Industries to help ensure the legacy of Vital Industries as a top producer of screen printed glassware, apparel, and accessories and to protect the reputation of its name and products. The MAP policy is also designed to ensure retailers have the incentive to invest resources into services for Vital Industries customers.

This policy applies to all US companies ordering from Vital Industries, is applied unilaterally and does not constitute an agreement.

In placing a wholesale order, you consent to abide by the MAP and retailer requirements spelled out in this document. Please contact us with any questions you may have regarding this policy.

Minimum Advertised Pricing Policy

The MAP (Minimum Advertised Price) policy shall work under the following guidelines:

1. The MAP for current Vital Industries products shall be no less than the published MSRP provided at VitalWholesale.com. MAP and MSRP pricing is established by Vital Industries and may be adjusted by Vital Industries at its sole discretion.
2. The Vital Industries MAP Policy applies to the advertised price of a product before taxes or additional charges are levied.
3. The MAP applies to all stock design and customized (i.e. Name Drop, State Love) items produced by Vital Industries.
4. The MAP does NOT apply to items that have been discontinued by Vital Industries and are no longer available for sale through our wholesale website VitalWholesale.com.
5. The MAP does NOT apply to items that are fully custom printed with a retailer’s own artwork.
6. Resellers of a Vital Industries product may not advertise a price lower than the Minimum Advertised Price for that product. The MAP policy applies to all advertisements of Vital Industries products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, email newsletters or solicitations, Internet or similar electronic media, television, radio, and public signage. The MAP policy is NOT applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s).
7. Temporary sales, discounts, and promotions that effectively lower the retail price of the product below MAP are impossible to enforce, and therefore acceptable (i.e. 10% discount on order totals exceeding $200). However, these discounts must not be applied directly to the advertised price; the advertised price cannot be below the MAP.
8. Permanent discounts and promotions that effectively lower the retail price below the MAP are unacceptable.
9. Lowering the price of an item below MAP for the purpose of a clearance or liquidation is acceptable; however, Vital Industries will record this in our system and this reseller will not be supplied with that product again.
10. If pricing is displayed in venues to which MAP applies, any strike-through or other alteration of the Minimum Advertised Price is prohibited.
11. MAP applies ONLY to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the dealer’s retail location or over the telephone. Vital Industries retailers remain free to sell these products at any prices they choose.
12. MAP does not establish maximum advertised prices. All retailers may offer Vital Industries products at any price in excess of the MAP. Internet auctions may not display or have reserved bid or other acceptable prices below the MAP price.
13. Vital Industries’ MAP policy does not in any way limit the ability of any retailer to advertise that “they have the lowest prices” or, they “will meet or beat any competitors price”, that consumers should “call for a price,” “add to cart to see price” or phrases of similar import as long as the price advertised or listed for the products is not less than MAP.
14. Retailer agrees to hold all trademarks of Vital Industries as the property of Vital Industries and use advertising materials provided by Vital Industries in an authorized manner only.
15. Intentional or repeated failure to abide by this policy will result in termination of sales to that retailer. Vital Industries will not provide prior notice or issue warnings before taking any action under this policy.
16. Vital Industries will hold retailers responsible for the MAP policy compliance of their customers and any business entities whom they are supplying.
17. Retailers must disclose valid names, contact information, and domain addresses for any and all websites on which Vital Industries products are sold. This includes Amazon storefronts, any subsidiaries affiliated with your business, and any other online resellers your business may be supplying. Updated notifications can be provided to Vital Industries by email (shop@vitalindustries.com) or mail.
18. Vital Industries reserves the right not to sell to any retailer found to be in violation of this policy and/or the wholesale terms and conditions. However, Vital Industries will not be held responsible for enforcement of this policy or or lack thereof. Vital Industries will act accordingly when deemed necessary and when legal.

MAP Enforcement Policy

When necessary and legal, Vital Industries will take the following steps to enforce its MAP policy:

The first time Vital Industries find a retailer to be in violation of the MAP policy, Vital Industries will send a warning message to the retailer notifying them of the MAP policy violation(s). The retailer is required to remedy the situation by increasing all infringing prices to be at or above the MAP within one week (five business days) of the first warning message.

If the retailer is found to be in continued violation of the MAP policy in excess of one week (five business days) after the first warning message is sent, Vital Industries will immediately place the account on a six month shipping hold and all pending purchase orders/backorders will be cancelled. Vital Industries will continue to monitor online prices for the duration of the shipping hold.

The retailer must remain in compliance with the MAP policy throughout this entire period in order to resume business at the end of six months.

For more information about MAP policies, please refer to the following web pages on the Federal Trade Commissionʼs website:

http://www.ftc.gov/bc/antitrust/manufacturer_requirements.shtm

http://www.ftc.gov/bc/antitrust/refusal_to_supply.shtm