PALI HAWAII is transforming the way consumers experience footwear.
We recognize that our success is tied to the success of our network of select authorized dealers, who invest significant time and resources to deliver a great customer experience. We want to protect their ability to do so by discouraging price-based advertising that affect our dealers' service and support efforts. As a result, PALI HAWAII has unilaterally established this Minimum Advertised Price (“MAP”) Policy.
2. Policy Statement
PALI HAWAII MAY DISCONTINUE DOING BUSINESS WITH ANY RESELLER WHO ADVERTISES PRODUCTS AT A LOWER PRICE THAN THE MINIMUM ADVERTISED PRICE (MAP).
3. General Guidelines
- The products covered by this policy can be found here. PALI HAWAII may, at its sole discretion, modify this list from time to time.
- PALI HAWAII recognizes that dealers are free to advertise and sell PALI HAWAII products at any price they choose, without consulting or advising PALI HAWAII. Similarly, PALI HAWAII is free to exercise its rights regarding the PALI HAWAII Authorized Reseller Program, supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
- The MAP policy applies to advertised prices, not the price at which MAP products are actually sold or offered for sale in-store or over telephone.
- PALI HAWAII believes in maintaining a well regulated and fair marketplace for all its authorized resellers. Please see the MAP FAQ's for more information on the MAP policy and enforcement.
4. 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, and public signage, as well as internet sites, social media sites, apps, or any other electronic media.
- The MAP policy does not apply to on-premise or in-store advertising that is not distributed to customers
- Website features such as “click for price," automated “bounce-back” pricing e-mails, pre-formatted e-mail 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 communication initiated by the dealer (rather than by the customer) and thereby constitute “advertising” under this MAP policy.
- It shall not be a violation of this MAP policy to advertise that a customer may “call for price” or “email for price," or to use similar language with respect to PALI HAWAII products, so long as no price is listed.
- This MAP policy also applies to any activity which PALI HAWAII determines, at its sole discretion, is designed or intended to circumvent the intent of this MAP policy, such as solicitations for "group purchases" and the like.
- 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.
- From time to time, PALI HAWAII may permit resellers to advertise MAP products at prices lower than the MAP retail price. In such events, PALI HAWAII reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
- From time to time, PALI HAWAII may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP policy to advertise the availability of the manufacturer's rebate, provided that:
- the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer's rebate in the same type size and style;
- an asterisk is placed next to the net price after manufacturer's rebate; and
- “after manufacturer's rebate” appears in the same area of the advertisement as the advertised product.
5. Bundling Guidelines
- “Bundling” or advertising PALI HAWAII products for sale together with other products will violate this MAP policy when:
- the effective or stated price of the bundle represents a discount of greater than 15% of the MAP; or
- the product(s) bundled with MAP products violate PALI HAWAII's Intellectual Property rights; or
- the product(s) bundled with MAP products violate the PALI HAWAII Trademark & Brand Policy; or
- the product(s) bundled with MAP products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s)
- Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP product will violate this MAP policy when:
- the effective or stated price of the bundle represents an immediate discount of greater than 15% of the MAP; or
- the effective or stated price of the bundle represents a discount of greater than 15% of the MAP after taking into consideration any contingent future purchase.
- Rebate programs from PALI HAWAII, whether on MAP products or PALI HAWAII partner products, are exempt from this policy.
6. Policy Enforcement
- If a dealer with multiple store locations violates this MAP policy at any one store location, or on any associated website, then PALI HAWAII will consider this to be a violation by the dealer.
- PALI HAWAII reserves the right to cancel any pending orders, restrict future orders, or suspend dealers' account if PALI HAWAII reasonably believes:
- a dealer has violated the provisions of this policy; or
- a dealer intends to violate this policy.
- PALI HAWAII MAP policy Administrator D&T Distribution will determine whether a violation of the MAP policy has occurred, as well as determine appropriate sanctions.
- Waivers to this MAP policy may be granted by the MAP policy Administrator in writing. In the event that the MAP policy Administrator authorizes a waiver to the MAP policy, dealers must adhere strictly to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP policy.
- PALI HAWAII reviews the advertised prices of dealers, either directly or via the use of third-party agencies or tools. Dealers are expected to provide reasonable cooperation in any PALI HAWAII investigations regarding possible MAP policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a PALI HAWAII MAP policy investigation is a violation of this MAP policy.
- The MAP policy will be enforced by PALI HAWAII at its sole discretion and without notice. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available legal remedies. All questions related to this MAP policy may be emailed to firstname.lastname@example.org