Sand Socks, Inc.
MAP Policy
Effective December 5, 2017
Sand Socks, Inc. (Sand Socks) acknowledges that all of our retailer customers have the right to resell our
products at any price they choose. However, in evaluating our position in the marketplace relative to our
competitors and the competitors of our retailers, Sand Socks has unilaterally determined, without any
pressure from our retailers, that the establishment of a Minimum Advertised Price (MAP) policy will help
Sand Socks compete more effectively against other brands and help maintain our competitive position as
well as our reputation as a manufacturer of premium, high quality beach and water sport products and
accessories. Sand Socks needs its retailers to invest in materials and in sales people in order to train them
to provide the individualized assistance necessary to be able to sell the product effectively and recognizes
that such retailers’ investment will incur costs that another retailer -- who does not provide this promotion
or assistance -- will not incur. Therefore, in order to compete more effectively, Sand Socks reserves its
right not to sell its products to retailers as explained in this policy.
THIS POLICY SHALL APPLY TO ANY RETAILER WHO OFFERS SAND SOCKS PRODUCTS
AND ACCESSORIES FOR SALE AND TO ALL FORMS OF ADVERTISING OF THOSE
PRODUCTS (including web (whether the retailer’s own site or a site hosted by a third party), catalogue,
billboards, TV, radio, mass media, direct mail, or email):
1. Sand Socks shall provide its retailers from time to time with a list of products that we
subject to this policy along with the suggested retail price of each product (MSRP), the
MAP Pricing (per “Non-Price Discounts” described in section 3). See Appendix A for
product listing.
2. IF SAND SOCKS DETERMINES, TO ITS SOLE SATISFACTION, THAT A
RETAILER HAS ADVERTISED OR SOLD A PRODUCT (from any location or on
any web site) FOR AN AMOUNT LESS THAN NOTED IN APPENDIX A, THEN
SAND SOCKS WILL (i) REFUSE TO ACCEPT ANY NEW ORDERS FROM
THAT RETAILER FOR ANY PRODUCT ON THE SUGGESTED RETAIL
PRICE LIST; AND (ii) CANCEL OUTSTANDING ORDERS FROM THAT
RETAILER TO THE EXTENT SAND SOCKS IS CONTRACTUALLY
PERMITTED TO DO SO.
3. Non-Price Discounts: In general, Sand Socks Inc. will regard non-price discounts, such
as (but not limited to) coupons, gift cards, and product giveaways, in the same way it
regards a price discount for purposes of determining whether a retailer had advertised or
sold a product for less than the MAP pricing in Appendix A. For example, if a retailer
offered a product on Appendix A at the MAP Product Price, and, in addition, offered a
$10 Amazon gift card, Sand Socks would regard that as an offer below the MAP Price.
Free/discounted shipping is not considered a non-price discount for the purposes of this
policy and has no effect on the allowable MAP.
4. The value of storewide coupons will not be taken into account in determining the
amount of a discount off of MSRP, so long as the coupon is not advertised or
otherwise offered in association with any specific Sand Socks product. Likewise,
storewide loyalty programs and sales (for example, “points for purchases” that can be
converted to coupons; “spend $X and get $Y off next purchase”; membership programs resulting in store-wide
discounts, and “x% off (almost) everything in the store” will not be taken into
account in determining the amount of a discount off of MSRP, so long as the
discounts resulting from such programs are not specific to any Sand Socks product.
5. This Policy shall continue to be effective with respect to the most recent version
of the Sand Socks MAP Policy. If a product is not on Appendix A, then the
product is not subject to this Policy.
6. Each Sand Socks retailer is free to independently decide whether or not to follow this
Policy. Sand Socks does not ask for, nor will Sand Socks accept, any assurance of
compliance or agreement from a retailer regarding this Policy. Moreover, Sand
Socks will not discuss any conditions of acceptance related to this Policy. Nothing in
this Policy is intended to be, nor shall be construed to be, an agreement between Sand
Socks and any retailer as to the prices at which the retailer resells Sand Socks
products.
7. While Sand Socks may investigate a retailer’s, pricing based on information
received from another retailer, Sand Socks will not respond to a retailer who
complains about another retailer’s pricing.
8. No Sand Socks representative or employee has authority to modify or alter this
Policy, or to ask retailers to sell or advertise products at or above certain prices. Any
comments to the contrary by any Sand Socks sales representative or employee are
expressly unauthorized and disclaimed by Sand Socks.
9. The foregoing Policy and any related Suggested Retail Price List are subject to
modification or discontinuance by Sand Socks, in its sole and absolute discretion, at
any time.
Questions or comments regarding this Policy must be sent by
email to sales@sandsocks.net