RETAILER CONDITIONS

4/6/2006 by Thinkbaby and Thinksport

RESELLER SHALL NOT PROMOTE, MARKET, ADVERTISE, OFFER TO SELL OR SELL ANY PRODUCT ON OR THROUGH ANY ONLINE MARKETPLACE OR AUCTION SERVICE (E.G., EBAY, AMAZON MARKETPLACE OR LIKE WEBSITES), EXCEPT AS EXPRESSLY CONSENTED TO BY THINK OPERATIONS, LLC IN WRITING AND IN ADVANCE, AND IT BEING UNDERSTOOD THAT THINK OPERATIONS, LLC MAY WITHDRAW ITS CONSENT AT ANY TIME.

MAP Policy

THINK OPERATIONS, LLC is focused on maintaining high margins for our authorized resellers and distribution network. In recognition of the investment in time and resources required for our high-quality sellers to provide the level of customer service and product knowledge expected from our customers, Think Operations, LLC is committed to enforcing policies which allow our resellers to maintain high profit margins through the sale of our products.  Think Operations, LLC has an established Minimum Advertised Price (MAP) Policy that an Authorized Reseller must follow for the advertising and marketing of Think Operations, LLC products. All Think Operations, LLC Authorized Resellers must agree to the terms and conditions of the following MAP Policy.

Think Operations LLC’s MAP Policy Guidelines for Thinkbaby and Thinksport Products

MAP pricing for all Thinkbaby and Thinksport products can be found on your current price list. All advertised prices must be at or above MAP for all Thinksport and Thinkbaby products. Resellers are not required to list prices in advertising. If a price is listed in an advertisement it must be at or above MAP.

Resellers are also responsible for ensuring their Thinkbaby and Thinksport mount pricing is at or above MAP on internet search engines. Resellers are free to set the actual resale price of any product, as long as it is at or above MAP price given the most recent publication of the price list. ThinkOperations LLC’s MAP policy for all Thinkbaby and Thinksport products apply to advertising placements, including but not limited to: print ads (inserts, magazines, newspapers, catalogs, mail order catalogs, etc.), broadcast (radio and TV), direct mail, faxes, internet placement with third parties (banner ads, broadcast emails, destination pages, third-party sites), internet placements on resellers own website, and any flyers, posters or coupons.

From time to time, Thinkbaby and Thinksport may permit resellers to advertise MAP Products at prices lower than the MAP price. In such events, Thinkbaby and Thinksport reserve the right to modify or suspend the MAP price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.

Pricing Statements

ThinkOperation LLC’s MAP Policy does allow resellers to omit pricing entirely from advertisements and/or advertisement statements such as “Call for Price” or “Call for Quote” so long as no price is listed.

Free Offers Associated with ThinkOperations LLC’s Product

Free shipping and/or handling, 0% sales tax, or free financing promotions do not violate the MAP.

 All Thinkbaby and Thinksport Products Price Matching Policies

Price matching policies are acceptable.  Price matching cannot be used as a valid reason for violations of ThinkOperations LLC’s MAP Policy. Advertised price must always be at MAP or higher.

 Failure to Comply with the MAP Policy

At the sole discretion of Think Operations LLC failure to comply with MAP, intentional and/or repeated failure to abide, may result in the immediate loss of Authorized Reseller status and your ability to purchase all Thinkbaby and Thinksport products both direct as well as through distribution.  

Think Operations LLC will utilize the following steps to resolve MAP violations:

  1. Any and all dealers selling Thinkbaby and Thinksport products which have not signed an Think Operations LLC MAP Policy agreement are classified as Unauthorized Resellers.
  2. Distributors of Think Operations LLC are required to provide a signed MAP agreement from any dealer selling Thinkbaby and Thinksport products. Unauthorized dealers should not be sold to or provided a feed from any distributor whatsoever.
  3. Violations from Authorized Resellers will need to be corrected within 24 hours of notification.
    1. First Violation:  Authorized Reseller’s account will be put on hold temporarily and a written warning will be provided.  MAP violations must be corrected within 24 hours. Upon correction and following 30 days of compliance, violation will then be cleared.
    2. Second Violation:  Authorized Reseller’s account will be put on hold for 30 days.
    3. Third Violation:  Authorized Reseller’s account will be put on hold for 180 days. After this duration, Think Operations LLC will review and determine if account is to be reinstated.  
    4. Fourth Violation:  Should ThinkOperations LLC decide to reinstate an Authorized Reseller who has previously demonstrated a third violation, yet violates a fourth time, the account will be unauthorized indefinitely.  

 

 

***Think Operations LLC’s current MAP and MSRP can be found on our Product Order Form[JG2] .  If changes are made all authorized resellers will be notified via email and pricing must be updated immediately upon receipt. ***  

 

Please contact info@gothinkbaby.com if you would like to apply to become an authorized reseller or have any questions regarding our MAP policy.