Minimum Advertised Price (MAP) Policy
Simply Delicious, Inc., a Colorado limited liability company, and home to the Bobo’s® brand (“Bobo’s”), has adopted the following Minimum Advertised Price Policy (“MAP Policy”) for all Bobo’s products, except as designated by Bobo’s from time to time in writing or as posted on a website (“Covered Products”). This MAP Policy only applies to products manufactured by Simply Delicious, Inc.. Bobo’s goal in establishing this policy is to avoid degradation of, or damage to, the premium quality and image of its Covered Products and to the trademarks, other marks, brands or trade names under which its Covered Products are sold. Bobo’s intends to sell these Covered Products only to Distributors/Resellers that do not advertise Covered Products below the Minimum Advertised Price set forth in this policy. Bobo’s may choose to enforce this policy through action up to and including termination of a Distributor/Reseller or other authorized distributor that advertises any Covered Product below the stated Minimum Advertised Price as set forth below. This MAP Policy will be applied and enforced as follows:
- The minimum advertised price (“MAP”) for each Product shall be the price designated as the MAP on the current Bobo’s price list as issued by Bobo’s from time to time, or, if no MAP is listed for any Product, the MAP will be the Manufacturer’s Suggested Retail Price (“MSRP”) for that Covered Product minus 10% of that MSRP. Current price lists may be obtained by contacting an Bobo’s sales representative. Bobo’s Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP policy. However, the MAP for one or more products may be amended from time to time and may be suspended periodically for national, regional and/or seasonal promotions sponsored by Bobo’s. Changes to the MAPs will be posted on the Bobo’s website designated by Bobo’s and will supersede the MAPs on the price lists. It is the responsibility of distributors of Bobo’s Covered Products to monitor the designated Bobo’s website for updates.
- This MAP Policy applies to any and all forms of print and electronic media, direct mail, and audio and video communications. Examples of communications to which the MAP Policy applies are set forth in the linked MAP Policy FAQs.
- Bobo’s considers any price advertised below the MAP a violation of its MAP Policy. For example, if a product with a MSRP of $32.88 is advertised at or below $29.59, this is a violation of the MAP Policy, unless the MAP is amended by Bobo’s as explained in paragraphs 1 and 7 of this MAP Policy. Examples of amended MAP are set forth in the linked MAP Policy FAQs.
- Advertisements featuring a Covered Product, and either (a) another brand of product or (b) a Bobo’s product that is not a Covered Product will comply with this MAP Policy so long as the price in the advertisement is not lower than the Covered Product’s MAP. In determining whether the advertisement contains a price in compliance with this MAP Policy, Bobo’s will assess whether a reasonable viewer of the ad will, looking within the four corners of the advertisement, conclude that the ad is stating a price for the Covered Product below the MAP.
For example, if a dealer advertises a Covered Product at the MAP, and provides a free non-Bobo’s branded screen protector, the advertisement complies with this MAP Policy. If, however, the advertisement shows the Covered Product at the MSRP and the screen protector at the store’s normal retail price, and then shows a “15% off” of the package, the advertisement violates this MAP Policy. As another example, assume the dealer advertises a Covered Product and a non-Bobo’s branded stylus as “Originally $39.99, now reduced to $28.99.” If the Covered Product has a MAP of $29.59 or higher, then the advertisement violates this MAP Policy because even if the stylus is priced at zero, the net advertised price of the Covered Product is lower than the MAP. In no event may the packaged price of a Covered Product, and either a non-Bobo’s product or a non-Covered Product, be more than 10% below the MSRP of the Covered Product.
- Bobo’s reserves the right to modify, suspend, or cancel the MAP Policy, or modify any or all MAPs at any time. Bobo’s will provide notice of any such modifications, suspension or cancellations on the designated Bobo’s website. It is the responsibility of each member of Bobo’s distribution network to monitor the Bobo’s designated website for updates.
- If a dealer advertises prices below those required by this MAP Policy, sanctions will be unilaterally imposed by Bobo’s, including but not limited to one or more of the following actions:
- Notify the dealer of the non-compliant advertisement with a reminder of Bobo’s MAP Policy on Covered Products;
- Cancel any pending orders, and suspend the dealer’s right to sell the Bobo’s Covered Product in question for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from Bobo’s;
- Cancel any pending orders, and suspend the dealer’s right to sell the entire Bobo’s product designation in question (e.g., Oat Bars, or Oat Bites, etc.) for a period time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from Bobo’s;
- Cancel any pending orders, and suspend the dealer’s right to sell the entire Bobo’s product portfolio for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from Bobo’s;
- Cancel any pending orders, and suspend the dealer’s right to sell the entire Bobo’s product portfolio for a period of not less than one (1) year, commencing from the date of notice from Bobo’s; and/or
- Terminate the Distributor/Reseller Agreement or other relevant agreement between Bobo’s and the member of the distribution network who has violated this MAP Policy.
Bobo’s will make all decisions concerning compliance with and enforcement of this MAP Policy unilaterally. This MAP Policy is a unilateral declaration of policy by Bobo’s and does not reflect or constitute an agreement between Bobo’s and any Distributor/Reseller, any other authorized distributor, or any other person or entity, and by issuing this policy Bobo’s is not seeking any such agreement.
This Policy was last updated July 3rd, 2023.