Shop Bee’s Wax, LLC (DBA Bee’s Wax)
Minimum Advertised Price (MAP) Policy (U.S. and Canada Only)
Effective Date July 1, 2019
THIS POLICY IS NOT INTENDED TO CONTROL, INFLUENCE, DETERMINE, RESTRICT OR LIMIT IN ANY WAY THE PRICE AT WHICH ANY BEE’S WAX DISTRIBUTOR/RESELLER MAY SELL BEE’S WAX. THIS POLICY IS STRICTLY LIMITED TO RESTRICTIONS ON ADVERTISING. EACH DISTRIBUTOR/RESELLER REMAINS ENTIRELY FREE TO DETERMINE ITS OWN RESALE PRICE FOR ALL BEE’S WAX PRODUCTS.
For the purpose of this Policy, “advertising” is intended to be defined as broadly as possible and includes, but is not limited to, any and all advertisements, announcements, communications, information or publications generated, developed, produced or distributed by or on behalf of a dealer in any format or media, including by way of example only: print (including without limitation, newspapers, newspaper inserts, catalogs, fliers, letters, circulars, magazines and other periodicals); television; cable; radio; faxes; billboards; e-mail; text messaging; signs; electronic media; internet websites (including without limitation, any website owned or operated by or on behalf of a dealer, third party websites, websites of any affiliates of a dealer, banner advertisements and pages that follow banner advertising upon a “click-through”).
Shop Bee’s Wax, LLC, (DBA Bee’s Wax) (“Bee’s Wax”), has adopted the following Minimum Advertised Price Policy (“MAP Policy”) for all Bee’s Wax products, except as designated by Bee’s Wax from time to time in writing or as posted on a website (“Covered Products”). Bee’s Wax’s goal in establishing this policy is to avoid degradation of, or damage to, the premium quality and image of its Covered Products and to the trademarks, other marks, brands or trade names under which its Covered Products are sold so as to build and maintain integrity for the Bee’s Wax products through advertising and marketing. Bee’s Wax intends to sell these Covered Products only to Distributors/Resellers that do not advertise Covered Products below the Minimum Advertised Price set forth in this policy. Bee’s Wax may choose to enforce this policy through action up to and including termination of a Distributor/Reseller or other authorized distributor that advertises any Covered Product below the stated Minimum Advertised Price as set forth below. This MAP Policy will be applied and enforced as follows:
- The minimum advertised price (“MAP”) for each Covered Product shall be the price designated as the MAP on the current Bee’s Wax price list as issued by Bee’s Wax from time to time, or, if no MAP is listed for any Covered Product, the MAP will be the Manufacturer’s Suggested Retail Price (“MSRP”) for that Covered Product. The current Minimum Advertised Price for Bee’s Wax is $9.99 per can. Current price lists may be obtained by contacting a Bee’s Wax sales representative. Bee’s Wax Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP policy. However, the MAP for one or more products may be amended from time to time and may be suspended periodically for national, regional and/or seasonal promotions sponsored by Bee’s Wax. Changes to the MAPs will be posted on the Bee’s Wax website designated by Bee’s Wax and will supersede the MAPs on the price lists. It is the responsibility of distributors of Bee’s Wax Covered Products to monitor the designated Bee’s Wax website for updates.
- This MAP Policy applies to any and all forms of print and electronic media, direct mail, and audio and video communications. Examples of communications to which the MAP Policy applies are set forth in the linked MAP Policy FAQs.
- Bee’s Wax considers any price advertised below the MAP a violation of its MAP Policy. For example, if a product with a MSRP of $9.99 per can is advertised at or below $9.98 per can, this is a violation of the MAP Policy.
- Advertisements featuring a Covered Product, and either (a) another brand of product or (b) a Bee’s Wax product that is not a Covered Product will comply with this MAP Policy so long as the price in the advertisement is not lower than the Covered Product’s MAP. In determining whether the advertisement contains a price in compliance with this MAP Policy, Bee’s Wax will assess whether a reasonable viewer of the ad will, looking within the four corners of the advertisement, conclude that the ad is stating a price for the Covered Product below the MAP.
- The MAP Policy only applies to advertised prices of Covered Products, and not the prices at which Covered Products are actually sold. The Distributor/Reseller is free to resell Covered Products at any price of its choice.
- Bee’s Wax reserves the right to modify, suspend, or cancel the MAP Policy, or modify any or all MAPs at any time. Bee’s Wax will provide notice of any such modifications, suspension or cancellations on the designated Bee’s Wax website. It is the responsibility of each member of Bee’s Wax’s distribution network to monitor the Bee’s Wax designated website for updates.
- If a Distributor/Reseller with multiple store locations violates this MAP policy at any one store location, or on any associated website, then Bee’s Wax will consider this to be a violation of the Distributor/Reseller.
- If a Distributor/Reseller advertises prices below those required by this MAP Policy, sanctions will be unilaterally imposed by Bee’s Wax, including but not limited to one or more of the following actions:
- Notify the Distributor/Reseller of the non-compliant advertisement with a reminder of Bee’s Wax’s MAP Policy on Covered Products and give Distributor/Reseller three (3) days to correct the advertisement;
- Cancel any pending orders, and suspend the Distributor/Reseller’s right to sell the Bee’s Wax Covered Product in question for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from Bee’s Wax;
- Cancel any pending orders, and suspend the Distributor/Reseller’s right to sell the entire Bee’s Wax series designation in question (e.g., Defender Series, or Commuter Series, etc.) for a period time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from Bee’s Wax;
- Cancel any pending orders, and suspend the Distributor/Reseller’s right to sell the entire Bee’s Wax product portfolio for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from Bee’s Wax;
- Cancel any pending orders, and suspend the Distributor/Reseller’s right to sell the entire Bee’s Wax product portfolio for a period of not less than one (1) year, commencing from the date of notice from Bee’s Wax; and/or
- Terminate the Distributor/Reseller Agreement or other relevant agreement between Bee’s Wax and the member of the distribution network who has violated this MAP Policy.
Bee’s Wax enjoys its relationship with all of its Distributor/Resellers and wants to work with each Distributor/Reseller in helping make the Distributor/Reseller’s business as successful as possible. Bee’s Wax will unilaterally make all decisions concerning compliance with and enforcement of this MAP Policy. This MAP Policy is a unilateral declaration of policy by Bee’s Wax and does not reflect or constitute an agreement between Bee’s Wax and any Distributor/Reseller, any other authorized distributor, or any other person or entity, and by issuing this policy Bee’s Wax is not seeking any such agreement. Bee’s Wax will not respond to any questions or comments from one Distributor/Reseller about the activities or advertising of any other Distributor/Reseller in regard to this MAP Policy. Questions or comments related to this MAP Policy must be directed in writing to the following contact:
Shop Bee’s Wax LLC
PO Box 13098
Memphis, TN 38113
Danny Harris Jr