MAP Policy 2023
MAP Policy 2023
PANT SAGGIN LLC, DBA PSD UNDERWEAR
MINIMUM ADVERTISED PRICE POLICY
Brand Worth Protecting.
Curt and Ryan Flaitz started Pant Saggin LLC, dba PSD Underwear (“PSD”) out of a used RV nearly twenty years ago. From that moment forward, Curt, Ryan, and PSD have been committed to developing the perfect athleisure pair of underwear that is functional, comfortable, and fashionable. As of today, athletes, influencers, and celebrities across the globe wear PSD products and support PSD’s brand development and image. Advertising that properly maintains the brand’s premium image will only further enhance the demand for PSD products, as well as its competitive position.
To protect and further its reputation, and to help ensure that top retail dealers are further incentivized to carry PSD products, PSD has adopted this minimum advertised price policy (“MAP Policy”). The goal is to discourage all PSD retail dealers from denigrating the quality of PSD products through advertising that does not reflect the brand’s reputation and competitive position in the marketplace.
Effective immediately, this MAP Policy will apply to all retail dealers who carry PSD products, whether such products are from the current season, are from the past season, or constitute seasonal carry-overs (the “Covered Products”). PSD will maintain a list of Covered Products at www.psd.com/pages/map-policy (the “Covered Product List”).
- Policy.No retail dealer of Covered Products may advertise a Covered Product at a price lower than the MAP Price via any form of Advertising.
- Channels of Distribution and Third-Party Retail. PSD requires that all PSD-branded products, including sale items and “close-outs”, be distributed for retail sale only through channels that are consistent with the superior reputation, quality-control standards and public image of the brand.
Retail dealers may only sell directly to consumers. Only pre-authorized “private label” websites may carry the PSD-branded products. Retail dealers may not resell PSD-branded products through any and all other websites (such as, but not limited to, Amazon Marketplace, Walmart, Backcountry, etc.) and are bound by the PSD Marketplace Policy.
PSD may withdraw approval of any retail dealer account at any time if it determines, in its sole discretion, that the retail dealer’s advertising, marketing, promotion or sales is inconsistent with the reputation, quality-control standards and public image of PSD.
- MAP Price.Subject to Paragraph 4 below, all Covered Products must be offered for sale at a price no less than either the manufacturer’s suggested retail price or the average advertised price of such Covered Product on psd.com during the preceding three (3) months of the date on which the retailer will offer such Covered Product for sale, whichever is greater (“MAP Price”). PSD shall provide to the retailer information regarding the average advertised price of such Covered Product upon retailer’s written request of such. Please direct all communications regarding this matter to: [email protected]. Retail dealers are required to regularly confirm compliance with this MAP Policy.
- MAP Price for Past Season Products. Notwithstanding Paragraph 3, a Covered Product from a past season (a “Past Season Covered Product”) must be offered for sale at a price no less than the average advertised price of such Covered Product on psd.com during the preceding three (3) months of the date on which the retailer will offer such Covered Product for sale (the “Past Season Product MAP Price”). The Covered Product List will indicate which Covered Products qualify as Past Season Covered Products.
- MAP Policy Exclusion Dates. To ensure that our retail dealers remain competitive during certain holiday periods, the MAP Policy shall not apply to Covered Products during the following holiday periods (“Holiday Periods”): Memorial Day (including the preceding Saturday and Sunday), July 4th (including the two days preceding and the one day after July 4th), Labor Day (including the preceding Saturday and Sunday), Black Friday (i.e., the day after Thanksgiving), and Cyber Monday (i.e., the Monday after Thanksgiving).
During a Holiday Period, Covered Products and Past Season Covered Products may be discounted to a price that is less than the MAP Price or Past Season Product MAP Price, as applicable; provided, however, that in no case shall a Covered Product or Past Season Covered Product be offered at a price lower than the price that such Covered Product or Past Season Covered Product is offered on psd.com during the applicable Holiday Period.
- Advertising.This MAP Policy applies to all advertisements of Covered Products in any media, including, for example, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, SMS, Internet or similar electronic media, television, radio, and public signage (the “Advertising”).
- Covered Advertisements.This MAP Policy applies to all forms of Advertising that may have a direct or indirect effect of discounting the advertised price of a Covered Product, such as, for example, advertisements of rebates, gift cards, free gifts, or bundling or other free or discounted products (whether made by PSD or not) in relation to a Covered Product. Internet auctions (such as, but not limited to eBay) may not display or have a reserved bid or other acceptable price below the MAP Price or the Past Season Product MAP Price, as applicable. Notwithstanding the above, Advertising that offers a free gift with the purchase of a Covered Product shall not be deemed a violation of this MAP Policy if the free gift is not a Covered Product.
- Advertising Statements.No retail dealer may make any statements or other indication on its website or otherwise in connection with any Covered Product that indicates or implies that a lower price may be found, including, for example, the following:
- “Click here for lower price”
- “See price in cart”
- “Log-in for price”
- “Add to cart for lower price”
- “Mouse over for price”
- “Email or call for a lower or better price”
- This MAP Policy does not establish maximum advertised prices.
- This MAP policy does not apply to any in-store advertising that is displayed only in the store and not distributed to any customer. In-store displays, point-of-sale signs, hangtags or bar codes or similar marks on Covered Products or packaging that merely state the price are not considered “advertising.” In that regard, this MAP Policy does not apply to the actual sales price on any “check-out page” of any reseller’s website as a final stage of an online purchase, as long as the customer enters the final stage on his or her own without any reference on the website or otherwise that a lower price will be found at the final purchasing stage.
- This MAP Policy does not affect the actual sales price of the Covered Products, just the prices set forth in Advertising.
- Enforcement. PSD is free to determine the best way to market its products, and to select the retail dealers to whom it sells its products. PSD will administer this MAP Policy in its sole discretion. PSD need not provide prior notice or warnings before taking any action under this MAP Policy. PSD may determine, among other things, to partially or fully restrict providing promotional funds or other marketing assistance or products to any retail dealer violating this MAP Policy, including any distributor who distributes to a dealer or reseller that has violated this MAP Policy.
- Waiver. If PSD does not enforce this MAP Policy, in whole or in part, it nevertheless reserves all rights to later enforce all or part of this MAP Policy against any and all violating retail dealers. If PSD expressly waives any third-party violation of a provision of the MAP Policy, that waiver shall not be interpreted as waiving any other provision or a later breach of the same provision.
- Modifications of this MAP Policy.No employee, independent contractor or other agent is authorized to discuss or modify this MAP Policy and any action of any person, which claims to modify this MAP Policy or to solicit or obtain the agreement of any person to this MAP Policy, is unauthorized and invalid. This MAP Policy may only be modified in writing by a duly authorized representative of PSD.
- Confidentiality.This MAP Policy is confidential and may not be disclosed to any third party, except that retail dealers may disclose this MAP Policy to their employees, independent contractors, and other agents solely to the extent necessary to ensure strict compliance with this MAP Policy.
Covered Product List
The covered product list can be downloaded as a PDF file here.