Minimum Advertised Internet Price Policy Effective as of July 27, 2023
Chewsy, LLC (“Chewsy”) has adopted this Minimum Advertised Price (“MAP”) policy (“Policy”) for products within the Chewsy brand (the “Products”). This Policy is intended to ensure that wholesale customers who market the Products in the United States or Canada (“Retailer”) do so effectively and that consumers of these Products receive appropriate support.
Chewsy’s policy is not to do business with any Retailer that advertises the Products at prices below MAP or advertises in any other way that would violate this Policy. Chewsy also informs all distributors who sell to Retailers of this Policy and asks that they communicate the Policy to their customers. Chewsy will determine the MAP prices for new Products when introduced, or when existing prices are changed(as contemplated below).
- MAP prices are found at www.Chewsychews.com/map (the “Chewsy MAP Page”). Retailers are responsible to periodically check the Chewsy MAP Page to ensure they conform to the latestMAP pricing. The Chewsy MAP Page also identifies allowed deviations and time frames.
- Chewsy may update information on the Chewsy MAP Page from time to time. The Chewsy MAPPage may include a subscription option for Retailers to enter their email to receive automatic email updates but in any case, Retailers are responsible for periodically checking the Chewsy MAP Page to stay up to date on the latest information posted.
- This Policy applies to all Retailers who advertise the Products in any manner and to all types of advertising, including any kind of advertising, email campaigns, online ads, and websites.Advertising specifically includes any communication of price accessible by a web crawler or otherwise publicly displayed.
- No Chewsy employee or agent other than the Chewsy MAP Administrator is authorized to modify, interpret, or grant exceptions to this Policy; solicit or obtain the agreement of any person to this Policy; or otherwise discuss any aspect of this Policy with any Retailers, including thatRetailer’s or any other Retailer’s compliance with the terms of the Policy. The Chewsy MAPPolicy Administrator is the only person authorized to communicate decisions regarding the Policy or to make any written modification or exception, which may only be granted in writing. Retailers with comments or questions may submit them in writing tomapadministrator@Chewsychews.com.
- Each Retailer is solely responsible for its compliance with the Policy. Chewsy will not review ads, websites, or other Retailer collateral in advance to determine compliance or otherwise approve any Retailer plans submitted to Chewsy.
- This Policy applies only to advertised prices and not to the prices at which products are actually sold.
- This Policy has been unilaterally adopted by Chewsy, and it informs Retailers and distributors of a unilateral Chewsy business decision. Chewsy is not seeking and will not accept agreement from any Retailer or distributor to comply with the Policy. It is entirely within the discretion of theRetailer to comply or not comply.
- If a Chewsy representative seems to suggest that this Policy applies to the Retailer’s actual sales price, or that there is an agreement between Chewsy and any Retailer or distributor as to its advertised or actual selling price, that is wrong. Please report the incident firstname.lastname@example.org.
- If Chewsy learns of a Retailer’s advertising that does not comply with MAP, Chewsy will take the action listed in the Suspension Schedule (below). These actions are not debatable or appealable and will not be changed based on a Retailer’s commitment regarding future practices. Chewsy will accept no assurance of compliance with this Policy from any Retailer or other party.Retailers should not communicate (to Chewsy or to other Retailers) their intentions regarding thisPolicy.
- From time to time, Chewsy may offer rebates or special promotions on Products on the Internet or authorize a customer to do so, and in such cases, Chewsy will use reasonable commercial efforts to update the Chewsy MAP Page. A Retailer may match (but not exceed) any such rebate or special promotion, only during the period and in the manner and channel that Chewsy offers or authorizes the same. Advertising the same rebate or special promotion does not violate thisPolicy, as long as the posting complies with the requirements identified on the Chewsy MAP Page.
- Advertising “free shipping” does not violate this Policy. Advertising a free bottle, two-for-one, free gift cards, services, or merchandise with the Products does violate this Policy, except as described or permitted in the prior paragraph.
- Two or more Products may be featured in the same ad, as long as the advertised price for each product is not below that product’s MAP (or, if two products are advertised at a single bundled price, the combined advertised price is not below the combined MAP for the two products).Products may not be combined with products from other brands.
- It is the Retailer’s responsibility to ensure that any advertising is not misleading.
- Advertising without prices does not violate this Policy. Advertising in a way that suggests that theRetailer is offering covered products at prices below MAP is a violation of this Policy. Examples of such violations include “prices too low to mention,” or “our manufacturer won’t let us tell you the price,” “click here for lower price,” “add to shopping cart to see price,” “log-in for price,”“mouse over for price,” “call for price,” “email for a better Price,” and a MAP strike-through (example:
- It is a violation of this Policy to allow any third party to modify the advertised price for any Chewsy Product.
- It is not a violation of this Policy to advertise discounts attributable to “Subscribe and Save,”“Auto-ship and Save,” “Repeat Delivery,” or other subscription or auto-replenishment loyalty discount programs even if those discounts result in an advertised price below the MAP.
- This Policy does not apply to any reduced price that:
- a Retailer wishes to place within a purchaser’s online shopping cart as a final stage of an online purchase(s), so long as the customer enters the final stage on his/her own without any reference on the website that a lower price will be found at the final purchasing stage.
- a Retailer makes available and that is visible to consumers only in-store and in person, so long as the Retailer does not advertise that the lower price is available in-store or in-store only.
- Stating a price orally, either in person or by telephone, does not violate this Policy. Sending an unsolicited email with a price (other than MAP) violates this Policy, whereas responding to an individual customer email asking about a price does not violate this Policy.
Chewsy greatly values the efforts of its Retailers to market and sell Products and support our mutual customers. We are confident that you understand our commitment to customer satisfaction and our need to communicate this Policy clearly and concisely to meet legal requirements and avoid misunderstandings. This Policy may be terminated or changed by Chewsy at any time in its sole discretion. Terms and conditions of sale of Products can be found at www.Chewsychews.com/terms.
Noncompliance of this Policy will result in the following suspensions:
1. First act of noncompliance will result in a warning letter to the Retailer.
2. Second act of noncompliance will result in either suspension of trade funding available to theRetailer or, if not applicable or otherwise chosen by Chewsy, of Product shipments for 1month from notification by Chewsy of such violation.
3. Third act of noncompliance will result in suspension of Product shipments for 3 months from notification by Chewsy of such violation.
4. Fourth act of noncompliance will result in termination of account’s ability to purchase Chewsy Products for 12 months.