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Sadaf Minimum Advertised Price (MAP) Policy
Effective Date: This Minimum Advertised Price Policy (“MAP Policy”) is
effective as of September 20th, 2022. This policy covers all products listed
on the Sadaf website (www.sadaf.com)
Purpose: Soofer Co., Inc. dba Sadaf (Sadaf or Sadaf Foods) has spent
decades building a strong reputation, following, and brand value among the
end-user consumers of its products. In order to preserve Sadaf’s
hard-earned reputation for providing high value products, to further its
image and competitiveness in the ecommerce marketplace, and to
encourage dealers, distributors and resellers of Sadaf products to invest
time and resources in preserving the value and reputation of Sadaf
products, it has established a MAP Policy for Sadaf brands and products
for ecommerce.
This policy solely covers ecommerce and online sales, including but
not limited to, any sales from any website, whether owned and
operated by a Sadaf customer or downstream reseller, in addition to
sales on any third party platforms or marketplaces, such as Amazon,
Walmart, Kroger, or other marketplaces. This policy does not cover
sales at brick and mortar outlets or physical stores.
Additionally, this policy does not affect or alter any goodwill, intellectual
property, trademark or other Sadaf or Soofer Co. property. To the contrary,
all such rights and property remain the sole and complete ownership of
Sadaf and Soofer Co.
This policy applies to all resellers of Sadaf products regardless of whether
they are direct purchasers from Sadaf and/or Soofer Co. or purchase Sadaf
products from a Sadaf distributor or other Sadaf customer.
This MAP Policy is intended to allow consumers to purchase from resellers
to protect Sadaf’s reputation and brand image. It is further created in the
interest of protecting both resellers and consumers.A reseller’s failure to comply with this MAP Policy can significantly detract
from and diminish the perceived value of Sadaf brands and products. The
global impact of the internet can cause great harm to any company's
products if they are advertised at prices that will eliminate legitimate retail
competition.
As such, Sadaf is hereby requiring our resellers to follow our MAP Policy.
Although each reseller remains free to establish its own advertising and
pricing policy, Sadaf requires that any advertising of its products and use of
our trademarks meet certain minimum criteria. Additional terms are defined
below and apply to all products within the Sadaf family of brands and
products.
Guidelines
1. The MAP Policy shall apply to any Sadaf Product currently covered
by this Policy (the “Covered Product,
”) listed on Sadaf’s website
(www.sadaf.com ), or provided by other notice, and as updated by
Sadaf from time to time and without notice.
2. Sadaf always offers a Suggested Retail Price/MSRP for every
Covered Product. However, Resellers may establish their own actual
resale prices.
3. Violations occur if the Advertised or Listed Price of a Covered
Product is less than the Minimum Advertised Price established by
Sadaf.
4. This MAP Policy applies to any and all Advertised Price of Sadaf
products related to ecommerce in any and all media outlets including
but not limited to, flyers, posters, coupons, mailers, inserts,
newspapers, magazines, catalogs, mail order catalogs, internet or
similar electronic media, banners, television, radio and public
signage.
5. Notwithstanding the foregoing, the MAP Policy is not applicable to
any in-store advertising for in-store purchase only. The inclusion in
advertising of free or discounted products, with a product covered bythis MAP policy, would be contrary to the MAP policy if it has the
effect of discounting the advertised price of the covered product
below the Minimum Advertised Price.
6. The MAP Policy applies only to ecommerce listed and/or advertised
prices and does not apply to the price at which the products are
actually sold or offered for sale to an individual consumer. Resellers
of Products covered by the MAP Policy remain free to sell such
products at any prices they elect as long as the price adjustment is
first displayed and applied during the checkout process.
7. The Minimum Advertised Price also includes all discounts,
deductions, rebates and allowances offered (not including Sadaf
rebates or coupons) and excludes all taxes and insurance charges to
be paid by customer.
8. Shipping costs, if any, are excluded from the calculation.
9. This MAP Policy does not establish maximum advertised prices. All
authorized Sadaf resellers may offer Sadaf products at any price in
excess of the Minimum Advertised Price for such products.
10. The MAP Policy does not, in any way, limit the ability of any
reseller to advertise that "they have the lowest prices" or, they "will
meet or beat any competitors’ price,
" that consumers should "call for
a price" or phrases of similar meaning as long as the price advertised
or listed for the product is not less than the Minimum Advertised
Price.
11. Sadaf may, in its sole discretion, discontinue certain Covered
Products or engage in promotions with respect to certain Covered
Products. In such events, Sadaf reserves the right to modify or
suspend the MAP Policy with respect to the affected Products the
most updated information found on the Sadaf.com website. Sadaf
further reserves the right to unilaterally adjust the minimum
advertised price with respect to any, all or certain Products at its sole
discretion by listing or changing same on its website. No further or
additional notice on Sadaf’s part will be given, though Sadaf, in its
sole discretion, may choose to provide separate notice through other
mediums. It is the responsibility of the reseller to keep up to date with
Sadaf’s posted MSRPs on sadaf.com. To the extent that Sadaf12. 13. 14. through promotions or sales reduces prices below the Minimum
Advertised Price, that promotions or sale price shall become the new
Minimum Advertised Price for the during of such promotion or sale.
Sadaf reserves the right to enforce this policy against any activity
which Sadaf, in its sole discretion, determines to be intended to
circumvent the purpose of this MAP Policy. Sadaf, in its sole
discretion, shall determine whether any Listed and/or Advertised
Price is in violation of this Policy.
Sadaf, at its sole discretion, may grant waivers to the MAP Policy.
In order to be effective, such waiver must be in writing by Sadaf’s
MAP Policy Administrator. Sadaf employees, regardless of their title
or position, are not authorized to grant waivers or in any way modify
Sadaf’s MAP Policy. Any alteration or deviation from the terms of any
waiver which is granted by the Sadaf MAP Policy administrator is a
violation of this MAP Policy.
A Reseller (directly or through a Distributor) engaging in any of the
following activities or equivalents in connection with any Covered
Products is a violation of this Policy unless expressly authorized by
Sadaf or unless otherwise directed by this Policy:
a. A strike-through of any MSRP or “regular price” and/or the
failure to show a price for any Covered Product referenced,
except to the extent created by authorized third party
marketplace such as Amazon.
b. The price for a Covered Product does not appear on the initial
webpage or the price varies between the initial webpage and an
in-the-cart price.
c. An invitation to click, rollover, visit a location (such as a website,
store or showroom) or otherwise communicate to obtain a price.
d. Advertising or promoting a trade-in offer for any products in
connection with any Covered Products.
e. Selling on any third-party website is strictly prohibited and
requires written authorization from Sadaf to do so. This
includes: Amazon, Ebay, Walmart, Kroger or any other platform
not owned by the reseller.15. f. Any tactics which Sadaf determines are intended to circumvent
the application of this Policy.
If Sadaf, in its sole discretion, determines that a reseller has
violated, or intends to violate this MAP Policy, Sadaf reserves the
right to cancel or restrict any pending or future orders, or otherwise
suspend a reseller’s account or request that the reseller be removed
from the ecommerce platform as a seller of the brand.
Exemptions:
Exemptions to the Policy are as follows:
1. The website owned and operated by a Sadaf customer or
downstream retailer, and not on any third party marketplace platform.
2. Individualized email (not including automated email) in response to a
specific customer inquiry.
3. In-store materials at a brick-and-mortar location that simply state the
price the Covered Products may be purchased, including
point-of-sale signs, price stickers and hangtags (but not including
signage visible outside a brick-and-mortar location).
4. Advertising and promotional materials (including printed catalogs)
that cannot reasonably be modified prior to the effective date of this
Policy or a change in the MAP(s), the current Covered Products or
this Policy until revision is reasonably available.
5. An offer under one or more special programs (if any) designated by
Sadaf.
6. A card benefit, coupon or other discount, as long as it may be applied
to most of the products offered by Reseller or, in the case of a
category-wide sale (such as thread) most of the products in the
category.
7. The accrual and application of “points” or other things of value in
connection with the purchase of any Covered Product so long as the
points are accrued from and may be applied to most of the products
offered by Reseller in an equal manner.
8. The offer to a Reseller’s employee for personal use (not for resale).Additional Terms & Conditions
This MAP Policy applies to all Sadaf Resellers located in the United States.
Any “FAQs” or information posted by Sadaf are intended to help answer
questions only and are not part of the Policy.
Nothing contained herein shall create or be deemed to constitute any type
of relationship, obligation, or duty on the part of Sadaf.
Each of the provisions in this MAP Policy is separate, distinct, and
independent of the others. As such, if any provision hereof or herein is held
to be invalid for any reason or otherwise unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the other
provisions hereof.
Definitions
The “MAP Policy” or “Policy” means this policy.
A “Covered Product” is a product designated by Sadaf to be subject to this
MAP Policy.
“Advertised Price” is calculated as specified above and includes any offer
or price at which a Covered Product is made available in any way (whether
through advertising, promotion, proposal, quotation or otherwise and
regardless of place or medium used) and offers made by or on behalf of
Reseller containing Price Information, including, but not limited to,
conventional advertising (e.g., newspapers, magazines, direct mail,
catalogs, radio and television) and Electronic Content.
“Price Information” means any information regarding price, express or
implied, such as a discrete price, price formula, reference to price or
anything related to price (e.g., representations or inferences regarding
savings, discount or value).“Electronic Content” means all electronic advertisements and any
information accessed through a hypertext link or “http,
” a mobile app or
site, social media, internet shopping sites, marketplaces and comparison
search engines, electronic solicitations, messaging, webcasts, e-mail and
chat.
“Reseller” means each Dealer (including distributors selling to end users or
through a distributor enterprise) officially designated and/or authorized by
Sadaf.
Questions, Assistance, and Reporting
All questions or requests for additional information regarding this MAP
Policy or information regarding potential violations of this MAP Policy, must
be in writing and addressed to:
Sadaf Foods
MAP Policy Administrator
2828 Alameda Street
Los Angeles, CA 90058
MAP@sadaf.com