Storkcraft Unilateral Minimum Advertised Pricing Policy
Updated on May 26, 2023
Stork Craft Manufacturing Inc. and Stork Craft Manufacturing (USA) Inc. (together, “Storkcraft”) recognize that their success is tied to the success of their network of select authorized resellers in the United States. Storkcraft gives its resellers the ability to promote and sell in retail stores and through the Internet Storkcraft-branded products and products sold under Storkcraft’s affiliated and licensed brands, including Graco and Storkcraft Next. Storkcraft has spent an extensive amount of time and money building brands of strong recognition and high perceived value. By consistently reducing advertised prices, a reseller can have a dramatic effect of diminishing or detracting from the perceived value of the Storkcraft brands and products, to the detriment of Storkcraft, its affiliates, partners, and resellers. Accordingly, effective as of December 21, 2017, all resellers of Storkcraft-branded products, as well as products sold by Storkcraft under its affiliated and licensed brands, in the United States must adhere to the following Minimum Advertised Pricing Policy (the “MAP Policy”).
Storkcraft has prepared and is implementing the MAP Policy unilaterally and on the basis of its independent decision making. Storkcraft will not invite, consider, or accept any input regarding how the policy is implemented, administered, maintained, or enforced. The MAP Policy is not an agreement, and Storkcraft does not ask for or accept any assurance of compliance or other agreement from any reseller. The MAP Policy is intended to help promote the Storkcraft brand and Storkcraft’s affiliated and licensed brands, and to give all resellers a fair ability to sell and promote the Storkcraft products. Storkcraft, in its sole discretion, reserves the right to modify or suspend the MAP Policy at any time.
2. General Guidelines Under The MAP Policy
The products covered by the MAP Policy (the “MAP Products”) and the minimum advertising prices for each of the MAP Products (the “MAP Prices”) are set forth in Appendix A. Storkcraft may, in its sole discretion, modify Appendix A periodically. Such changes will apply equally to all resellers, and Storkcraft will endeavor to provide advance notice of any changes when made from time to time. Further, to ensure prompt notice to resellers, Storkcraft will publish the MAP Policy and Appendix A, as well as any modifications thereto, at https://www.storkcraft.com/pages/map-policy
Storkcraft recognizes that resellers are free to make their own decisions to advertise and sell the MAP Products at any price they choose, without consulting, advising, or seeking approval from Storkcraft. Similarly, Storkcraft will exercise its right to make its own decisions regarding any authorized advertising program, supplemental marketing materials (if any), point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
The MAP Policy applies to advertised prices only. The MAP Policy does not, and is not
intended to, apply to the price at which MAP Products are actually sold or offered for sale to an individual in-store, over the telephone, or on the Internet.
3. MAP Policy Advertising Guidelines
The MAP Policy applies to all advertisements of MAP Products in any and all media,
including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, public signage, Internet sites, social media sites, text messages, apps, or any other electronic media. The MAP Policy does not apply to solely on-premises or in-store advertising that is not distributed to customers. But the MAP Policy does apply to any activity that Storkcraft determines, in its sole discretion, is designed or intended to circumvent the intent of the MAP Policy.
It is not a violation of the MAP Policy to advertise that a customer may “call for price” or
“email for price,” or to use similar language, specifically with respect to MAP Products, so long as no price is advertised in violation of the MAP Policy. It is not a violation of the MAP Policy to advertise, in general terms, 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 for any MAP Product in violation of the MAP Prices, and the reseller otherwise complies with the MAP Policy.
From time to time, Storkcraft may permit, in its sole discretion, resellers to advertise MAP
Products at prices lower than the MAP Prices. In such events, Storkcraft reserves the right to
modify or suspend the MAP Prices with respect to the affected MAP Products for a specified period of time by providing advance notice to all resellers of such changes.
Storkcraft may offer a direct manufacturer’s rebate to customers. In such events, it is not a violation of the MAP Policy to advertise the availability of the manufacturer's rebate, provided
- i. the advertisement includes an advertised price that is compliant with the MAP Policy, the rebate amount, and the net price after manufacturer's rebate in the
same type size and style;
- ii. an asterisk is placed next to the net price after manufacturer's rebate; and
- iii. “*after manufacturer's rebate” appears in the same area of the advertisement as the advertised product.
4. Enforcement Of The MAP Policy
Storkcraft hereby adopts the following guidelines for enforcing violations of the MAP Policy:
i. the first violation of the MAP Policy will result in a warning to the reseller;
ii. the second violation of the MAP Policy will result in restrictions on that reseller’ ability to sell the product at issue, including cancelling any pending orders and limiting future orders of that product; and
iii. the third violation of the MAP Policy will result in the suspension of that reseller’s ability to sell all Storkcraft branded, affiliated, and licensed products.
Storkcraft will take enforcement action when it reasonably believes that a reseller has violated the provisions of the MAP Policy or intends to violate the MAP Policy. If a reseller with multiple store locations violates the MAP Policy at any one store location, or on any associated website, then Storkcraft will consider this to be a violation by the reseller. Storkcraft may modify these enforcement guidelines in its sole discretion and without prior notice.
Storkcraft will designate specific personnel to administer the MAP Policy (the “MAP Policy Administrator”). The MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining the appropriate remedy for any such violation. No sales representative or employee of Storkcraft, other than the MAP Policy Administrator, has any authority to discuss the MAP policy. Storkcraft may change the identity of the MAP Policy Administrator in its sole discretion and without prior notice.
Storkcraft monitors the advertised prices of dealers through third-party providers. Resellers are expected to provide reasonable cooperation in any Storkcraft investigation regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a MAP Policy investigation is a violation of the MAP Policy.
The MAP Policy will be enforced by Storkcraft in its sole discretion and without notice. Dealers, distributors, and resellers have no right to enforce the MAP Policy. Violations of the MAP Policy may result in any of the aforementioned sanctions up to and including termination of the business relationship.
All questions related to the MAP Policy should be directed to the MAP Policy Administrator at email@example.com.