MINIMUM ADVERTISED PRICING POLICY
(Updated – January 2018)
SEQUEL LLC (dba ROARK REVIVAL), its parent and subsidiary companies (collectively, “ROARK REVIVAL”) provides premium apparel and other products (collectively, “ROARK REVIVAL Products”). ROARK REVIVAL has established a strong reputation of providing quality products through multiple channels of distribution and any degradation of ROARK REVIVAL’s pricing strategy diminishes ROARK REVIVAL’s trade reputation, image and marketing strategy. When advertised pricing of ROARK REVIVAL Products is not maintained, it eliminates legitimate retail competition and hurts both ROARK REVIVAL and each of its dealers.
Therefore, as a seller of any ROARK REVIVAL Product you agree, whether you are a distributor, physical store retailer, Internet retailer or any combination of the foregoing (collectively, “Authorized Reseller”), to abide by the following requirements and restrictions:
- Any Authorized Reseller that advertises ROARK REVIVAL Products at a price less than the minimum advertised price (“MAP”) also known as MSRP as shown on the attached schedule, or as may be listed on the ROARK REVIVAL partner page, may face certain consequences, including ROARK REVIVAL’s termination of the business relationship. An Authorized Reseller shall be in violation of the ROARK REVIVAL Map Policy should any advertised ROARK REVIVAL Product price be lower than $0.05 of MAP guidance.
- For purposes of this policy “advertising” shall include any price listing accessible to a consumer whether provided digitally or through print, radio or television, outside window displays or printed materials, photographs or artwork visible from outside any retail facility. ROARK REVIVAL does not permit, under any circumstances, the selling of any ROARK REVIVAL Products on auction sites, such as eBay. The terms, conditions and restrictions for any transactions involving ROARK REVIVAL Products which may be conducted on Amazon or a similar platform shall be set forth in an Authorized Online Reseller Agreement by and between ROARK REVIVAL and the Authorized Reseller.
- Advertising that in any way suggests or implies a price lower than the minimum advertised price will be considered a violation of this policy. Accordingly, policy violations may occur under the following examples, which include but are not limited to:
Gift with purchase or free shipping in combination with any ROARK REVIVAL Product advertised in accordance with ROARK REVIVAL’s MAP policy shall not be considered a violation.
- ROARK REVIVAL also recognizes the need for dealer discretion in promoting ROARK REVIVAL Products and therefore will use prudence and flexibility to deal with issues that may arise. All inquiries and requests should be sent to MAP@roarkrevival.com.
- Any violation of the ROARK REVIVAL Map Policy by an Authorized Reseller must be corrected within twenty-four (24) hours of written notification by a representative of ROARK REVIVAL (the “Cure Period”). Failure to correct such violation within the Cure Period shall result in a subsequent violation. Violations shall continue to multiply for each twenty-four (24) period in which the violation is not corrected. Each repeat violation during the twelve (12) month period following any initial or subsequent violation may result in ROARK REVIVAL taking one of the following corrective measures:
- Nothing in this policy is intended to affect the resale prices or require any Authorized Reseller to actually sell ROARK REVIVAL Products at the listed minimum advertised price. ROARK REVIVAL recognizes that Authorized Resellers are free to make their own decisions to advertise and sell any ROARK REVIVAL Product at any price they choose, without consulting or advising ROARK REVIVAL. Similarly, ROARK REVIVAL shall exercise its right to make its own decisions regarding its Authorized Reseller Program, supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing or sponsorship programs.
- ROARK REVIVAL may provide updates to MAP from time to time at its discretion. ROARK REVIVAL may exempt certain designated designs, models and items from this policy for purposes of inventory reduction and model closeouts. In such case, the dealer shall advertise in a manner indicating the differentiation, e.g. closeout, discontinued color or style.
This action is solely ROARK REVIVAL’s unilateral corporate decision and responsibility. No employee or sales representative of ROARK REVIVAL has any authority to discuss or modify this policy and any action of any person which purports to modify this policy or to solicit or obtain the agreement of any person to that policy is unauthorized and invalid. Any questions about this policy should be in writing and directed to the ROARK REVIVAL MAP department at MAP@roarkrevival.com. No oral communications about this policy are authorized.