Minimum Advertised Price Policy

Introduction

With roots established in 1947, Monarch Global Brands, Inc. (“Monarch Brands”) delivers high quality and value-priced textiles from manufacturers around the world. Leverage our experience and purchasing power to find the perfect blend of quality and price-point for your company.

We recognize that our quality partners invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling vendor presentation. To protect the investment of our quality partners and Monarch Brands’ reputation, we have unilaterally put in place a MINIMUM ADVERTISED PRICE POLICY (“MAP policy”). This MAP policy prohibits resellers from advertising Monarch Brands products below a specific price designated by Monarch Brands. Promoting based on low-price, instead of service and value, can be detrimental to Monarch Brands’ competitive position and resellers’ service and support efforts.

Monarch Brands believes that these advertising and sales practices are unfair and discourages such efforts. Monarch Brands, in its unilateral discretion, will not do business with any reseller, as to the products covered by this MAP policy, if that reseller intentionally advertises any Monarch Brands’ product below its designated MAP price. Monarch Brands is confident that this program will strengthen its brand and benefit all of its resellers.

Official Policy and Guidelines

1. This MAP policy will be enforced by Monarch Brands in its sole discretion. Monarch Brands’ products advertised below the Minimum Advertised Price as per this document (“MAP”) will be a violation of this MAP policy. Monarch Brands reserves the right to update or modify the MAP at any time and it is reseller’s obligation to confirm the MAP prior to advertising any Monarch Brands’
2. Monarch Brands will terminate any contract with resellers who promote Monarch Brands’ products below the MAP.
3. Monarch Brands recognizes that any reseller can make its own decisions to sell any Monarch Brands’ product at any price it chooses without consulting or advising Monarch Brands.
4. Internet auctions may not display or have reserved bid or other acceptable prices below the MAP.
5. It shall not be a violation of this MAP policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP policy.
6. This MAP policy applies to all advertisement of Monarch Brands’ products in any and all media, including, and without limitation to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, internet or similar electronic media including websites, forums, email newsletters, email solicitations, television, radio, and public signage. Such website features as “Click for Price,” automated “bounce – back” pricing emails, pre-formatted email 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 this constitutes “advertising” under this MAP policy. This MAP policy also applies to any activity which Monarch Brands determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP policy, such as solicitations for ‘group purchases.’
7. Reseller may not include in any advertising for Monarch Brands’ 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 translates into an immediate price reduction or where the cumulative effect would be to reduce the advertised price of any Monarch Brands’ Reseller may not offer additional discounts, coupons, gift cards, points or other incentives for future purchases of any products as a way of indirectly reducing the price of the Monarch Brands’ products below the MAP.
8. Monarch Brands’ sales representatives are NOT permitted to discuss this policy, or any other agreements with respect to Monarch Brands’ policy regarding reseller advertising or pricing. This also includes any consumer program or promotion that affects the Monarch Brands’ products. All questions or concerns related to this policy should be directed to Tanay Rajpurohit at [email protected].