In order to protect our brand value, it is our policy NOT TO SELL OUR GAMES to any company who lists them for sale online for anything up to 5 cents less than our suggested retail price.
If we find that you are listing our games for sale online for less than our MAP we will contact you and offer to take a return on any product you have on hand that is not selling well for you in your store. If you continue to list our games at a price lower than our MAP we will instruct our distributors to stop selling our games to you. This pricing policy applies to all online sites, including but not limited to third-party seller platforms/marketplaces (Amazon, eBay, Walmart, etc) or online only stores and the online stores of physical brick-and-mortar shops, as well as apps like Shop, TikTok, and Facebook, etc when used for online sales.
LOONEY LABS MINIMUM ADVERTISED PRICING POLICY
Looney Laboratories, Inc. d/b/a Looney Labs (“Looney Labs”) has unilaterally adopted this Minimum Advertised Pricing Policy (“MAPP”) effective March 1, 2024, applicable to its Customers’ advertising of Looney Labs products anywhere on the internet. A “Customer” is any entity that purchases Looney Labs products, including but not limited to any distributor, dealer, retailer, or any other party which “resells” Looney Labs products. Looney Labs believes that by unilaterally imposing restrictions on the minimum prices advertised by our distribution and retail partners, we can reduce counterfeiting and enhance the perceived value of the Looney Labs brand, which serves the best interests of our consumers, retailers, and distributors.
1. NO RESTRICTION ON PRICING. This policy does not in any way restrict our Customers’ selling price. Our Customers may sell any or all Looney Labs products, including the products subject to this MAPP (each individually a “MAPP Product”), at any price they choose.
2. MAP POLICY. To comply with this MAPP, Customers must not advertise or otherwise promote Looney Labs products online at a Net Advertised Price lower than the Minimum Advertised Price ("MAP") set forth on the Looney Labs MAPP Price List (“MAPP Price”). For the purposes of this Policy, “Net Advertised Price” means the stated advertised price reduced by the value of any associated discount, coupon, frequent buyer points, allowance, or incentive (whether in the form of a special event, promotion, term of doing business or otherwise) that translates into an immediate price reduction, where the cumulative effect would be to reduce the advertised price of any MAPP Product.
A Customer violates this MAPP if it advertises or otherwise promotes Looney Labs products below the MAPP Price or resells MAPP Products to sellers whose prices do not comply with this MAPP. Looney Labs reserves the right to exercise all remedies set forth in this MAPP against any Looney Labs distributor or reseller whose advertised prices do not comply with this MAPP.
3. SCOPE. The MAPP applies to all forms of advertisements of Looney Labs products on online sales channels in any and all media. The MAPP is not applicable to wholesale sales by authorized Looney Labs distributors, or any in-store advertising of brick-and-mortar retailers.
4. PROMOTIONS. The MAPP applies to the use of discount marketing language that has the effect of advertising the product outside of the MAPP Price, whether because product is advertised as being "free", "2 for 1", "Buy 1—Get 1 Free," or similar language. If Looney Labs products are bundled with or sold as part of a package that includes other products (whether or not produced by Looney Labs), it shall be a violation of this MAPP to sell or advertise the bundle (or package) at a price that: (a) is lower than the total MAPP Price of the Looney Labs product(s) or (b) violates the letter or spirit of the MAPP.
5. ADVERTISING. This MAPP does not prohibit Customers from otherwise using advertising language such as: “call for price,” “will meet or beat any competitor’s price,” “guaranteed lowest price,” or other similar language as long as the actual advertised price is compliant with this MAPP.
6. REMEDIES. Looney Labs reserves the right in its sole discretion to take such action as it deems necessary and reasonable to assure compliance with this MAPP. Any violation of this MAPP may result in a letter of warning, a request for return of products, termination of a Customer’s right to purchase Looney Labs products, suspension of payment terms, acceleration of payment obligations, elimination of discounts, and/or exclusion of participation in all special programs until further notice.
7. CONSTRUCTION. No policy can cover every possible scenario or situation that might arise. Accordingly, this MAPP shall be applied and interpreted by Looney Labs in its sole and reasonable discretion to address actions designed to thwart the spirit of this MAPP that may not absolutely violate the ambit of the language herein.
8. NO NEGOTIATION. Looney Labs has adopted this MAPP unilaterally and neither seeks nor accepts any input, confirmation, or assurance of compliance by its Customers with respect to this MAPP. Looney Labs will not discuss or negotiate any of the terms of this MAPP. Nothing in this MAPP shall constitute an agreement between Looney Labs and any of its Customers that obligates the Customer to comply with this MAPP. All matters of the interpretation and application of the terms of this MAPP shall remain within the sole, unilateral authority of Looney Labs. Please direct any questions regarding this MAPP to mapp@looneylabs.com.
9. POLICY UPDATES & PRICE LIST. Looney Labs reserves the right to amend, suspend, or modify the terms of this MAPP at any time in its sole discretion.