Minimum Advertised Price Policy
Happy Howie’s, Inc. (hereafter, “Happy Howie’s”), a Michigan corporation, is the manufacturer of Happy Howie’s products. Happy Howie’s hereby adopts the following Minimum Advertised Price Policy (the “MAP Policy”) to protect the long-term strength and integrity of its brand and Products.
Effective immediately, this MAP Policy applies to all distributors, resellers, and retailers (“Resellers”) that sell Happy Howie’s products on the internet.
This MAP Policy is unilateral, non-negotiable, and not subject to approval by Resellers. This MAP Policy will not be altered for any Reseller for any reason whatsoever. Further, this MAP Policy applies to advertised prices only and not the final resale prices at which the Covered Products are sold. All Resellers remain free, and independently have the sole discretion, to sell the Covered Products at any price they choose.
All Happy Howie’s products listed in the MAP Pricing List are covered by this MAP Policy (“Covered Products”). Happy Howie’s may make changes to the MAP Pricing List at any time, and at its sole discretion.
Happy Howie’s may, from time to time, announce promotional periods during which the MAP Policy will not apply with respect to all or some Covered Products.
Resellers may not advertise the Covered Products, on the internet, below the minimum advertised prices published in the MAP Pricing List.
Resellers may offer coupons, discounts, or incentives. However, if the discounted price makes the Covered Product fall below the approved minimum advertised price, then the discounted price cannot be advertised. Instead, the discounted price must appear after the customer places the Covered Product in their shopping cart or at checkout.
These requirements apply to all advertising of Happy Howie’s Covered Products made on the internet, including company websites and third-party marketplaces. These requirements also apply to all forms of advertising that may have a direct or indirect effect of discounting the advertised prices of Covered Products such as rebates, gifts, gift cards, or bundling. For purposes of this MAP Policy, the term “advertising” means any physical or electronic communication, promotion, broadcast, publication, or ad campaign of Happy Howie’s Covered Products with respect to their sale made in any and all media, including but not limited to periodicals, television, radio, email, websites, newspapers, magazines, catalogs, flyers, coupons, smartphone applications, text messages, blogs, affiliate marketing networks, sponsored links, and social media.
All Resellers are prohibited from advertising and selling Covered Products that have original labels replaced, altered, or destroyed. All Resellers are prohibited from creating, advertising, and selling bundles, or multipacks, without the prior written consent from Happy Howie’s. All Resellers are further prohibited from opening bulk packages, repackaging the contents, and selling the Covered Product in smaller packages. The types of products and packages described in this section are considered unauthentic and do not qualify for product refunds, exchanges, or product warranties.
For auction websites, such as eBay, the opening bids must be listed at a price equal to, or greater than, the minimum advertised prices published in the MAP Pricing List.
All Covered Products are intended for sale to end-customers in the United States. End- customers are customers who purchase the Product for their personal use or consumption. Resellers must obtain prior written approval from Happy Howie’s to resell the Covered Products to buyers who are not end-customers, such as wholesalers, distributors, vendors, and retailers. The Covered Products cannot be sold in markets outside the United States without prior written approval by Happy Howie’s. Further, Resellers may not import any Covered Products into the United States, that are purchased in foreign markets, with the intent to resell them in the United States.
Bundling and Multipacks
Resellers are prohibited from advertising bundles composed of Happy Howie’s products and non-Happy Howie’s products. Such commingling of brands creates the false impression that the non-Happy Howie’s products are made by, endorsed by, or associated with Happy Howie’s. Resellers are further prohibited from creating bundles, or multipacks, of Happy Howie’s products without prior written consent from Happy Howie’s.
Order fulfillment by drop shipping is prohibited without prior written consent from Happy Howie’s.
Business Names Disclosure
Resellers must disclose to Happy Howie’s all business names, assumed names, online seller profiles, and websites used in connection with the sale of the Covered Products on the internet, including contact information.
Happy Howie’s remains the sole owner of its copyrights, patents, trademarks, trade dress, and trade secrets (“Intellectual Property”). Happy Howie’s Intellectual Property will not be affixed to or advertised in connection with any goods or services other than Happy Howie’s products. Happy Howie’s grants to its Authorized Resellers a limited, non-transferable, revocable license to use the Intellectual Property for the purpose of marketing, promoting, advertising, and reselling the Covered Products in a manner consistent with this MAP Policy. This limited license is granted only to entities approved as Authorized Resellers by Happy Howie’s. Authorized Resellers are merchants who are vetted by Happy Howie’s for adherence to its quality control standards and who are given written approval to sell Happy Howie’s products.
It is a violation of this MAP Policy for Resellers to advertise the Covered Products, on the internet, at prices lower than the minimum advertised prices published in the MAP Pricing List. Any activity that by design or operation circumvents the intent of this MAP Policy is considered a violation.
Happy Howie’s will issue violations to Resellers who fail to follow this MAP Policy. The consequences will increase in severity if a Reseller fails to cure the violations.
This MAP Policy is not intended to restrict Happy Howie’s right to change its decisions regarding Resellers and others with whom it will do business. Depending on the severity of the violation, or the response from a Reseller when notified of a violation, Happy Howie’s may immediately cease doing business with the Reseller. Repeated violations of this MAP Policy are grounds for terminating a Reseller’s relationship with Happy Howie’s.
The failure by Happy Howie’s to issue a violation or enforce this MAP Policy at any time does not constitute a waiver of its right to enforce the MAP Policy for future violations.
Multiple Online Stores
A violation issued to a Reseller who owns multiple online stores, online seller profiles, or websites will be treated as a violation by all its online stores, online seller profiles, and websites.
Happy Howie’s may update, modify, suspend, or terminate this MAP Policy, and the MAP Pricing List, at any time in its sole discretion.
No Happy Howie’s employee has authority to negotiate, modify, or alter this MAP Policy. Happy Howie’s employees may not solicit or obtain the agreement of any person to this MAP Policy, or discuss any aspect of this MAP Policy with any Reseller. Any questions about this MAP Policy must be submitted in writing to the Policy Administrator at email@example.com.
This policy supersedes all prior Happy Howie’s policies or communications regarding its minimum advertised prices.