The Mountain® MAP (Minimum Advertised Price) Policy
The Mountain has adopted a MAP (Minimum Advertised Price) policy, designed to maintain our brand equity by helping our resellers to engage in advertising that best conveys to customers the value of The Mountain products. This MAP policy is effective immediately, and will apply without exception to all resellers advertising and/or selling The Mountain products online. This MAP policy has been adopted for the benefit of all resellers and will be uniformly enforced.
The Mountain MAP policy will be enforced using the following guidelines:
- The Mountain has published a MSRP Schedule. The MSRP Schedule will identify the products covered by this MAP policy, and the Manufacturer’s Suggested Retail Price for each of those products. The MAP for all The Mountain products identified in the current MSRP Schedule, and being advertised to consumers within United States, shall be no more than 15% below the published Domestic MSRP. For vendors advertising The Mountain products to consumers outside of the United States, MAP shall be no more than 5% below the published International MSRP. Please reference the MSRP Schedule for the current product list and both the Domestic and International MSRP values. The Mountain’s MSRP Schedule are available upon request.
- This MAP policy applies to all products pictured in any and all active wholesale catalogs. This includes The Mountain’s annual catalog and all applicable seasonal catalogs, for the lifetime of each catalog in circulation. The Mountain products not specifically identified in the MSRP Schedule, and not pictured in any published and current wholesale catalog are not subject to this MAP Policy. MAP pricing is established by The Mountain, and may be adjusted at any time without notice by The Mountain, in its sole discretion. Exceptions to this MAP Policy can be made only with written permission from The Mountain.
- The MAP policy applies to all advertisements of The Mountain products in any and all media, including, but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, internet or similar electronic media, television, radio, and public signage. The MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s).
- The inclusion in advertising of free or discounted products (whether made by The Mountain or another manufacturer) with a product covered by the MAP policy would be contrary to the policy if it has the effect of discounting the advertised price of the covered product below the MAP.
- This MAP policy applies only to advertised prices and does not apply to the price at which The Mountain products are actually sold or offered for sale to an individual consumer within resellers’ retail location or over the telephone. Resellers remain free to sell these products at any prices they choose under these circumstances.
- This MAP policy does not establish maximum advertised prices. All resellers may offer The Mountain products at any price in excess of the MSRP.
- Internet auctions on United States based web platforms, such as Amazon and Ebay, may not display or have a reserved bid or other acceptable prices more than 15% below MSRP.
- Listing The Mountain products on web platforms based outside of the United States, such as Amazon.co.uk and Amazon.de, requires written permissions from The Mountain. Listing The Mountain products on any internationally based web platform without written permission is prohibited by The Mountain.
- Pricing listed on an internet site is considered “advertised price” and must adhere to this MAP policy. Once the pricing is associated with an intent to purchase (added to shopping cart or order), the price becomes the selling price and is not bound by this MAP policy. Statements such as “add to basket to see price”, “we will match any price”, “call for price”, or phrases of similar import are acceptable as long as the price advertised or listed for the products is not more than 15% below Domestic MSRP for domestic advertisements, or 5% below International MSRP for international advertisements. In addition, discounts applied at checkout do not violate this MAP policy.
- US based vendors that are advertising The Mountain products to consumers outside of the United States are obligated to adhere to The Mountain’s International MAP without exception. Violations of the International MAP by vendors based in the United States will not be tolerated, and could result in The Mountain refusing to process your orders.
- Advertisements that include baiting with children's tee shirt prices will not be tolerated. This is considered false advertising and is deliberately misleading to the end consumer. Any advertisement placed for The Mountain products must state specifically what is being offered at what price.
- No reseller of The Mountain products may advertise any specific price, promotion, or sale through search engine advertising, including, but not limited to, Google, Bing, Yahoo, and MSN.
- Intentional or repeated failure to abide by this policy will result in sanctions unilaterally imposed by The Mountain. The level of sanctions imposed will be determined by The Mountain in its sole discretion and may include indefinite termination of the violating resellers wholesale account status. The Mountain does not intend to do business with resellers who degrade the image of The Mountain and its products. The Mountain is not required to provide prior notice or to issue warnings before taking action under this MAP policy.
The Mountain’s MSRP Schedule and International MSRP Schedule is available upon request.
By ordering from The Mountain you are agreeing to this policy. Pricing or advertising online any lower than the prices set forth constitutes a breach of this agreement and may result in The Mountain refusing to process your orders.