MINIMUM ADVERTISED PRICE (“MAP”) POLICY
This Minimum Advertised Price Policy (hereafter “MAP Policy”) is unilaterally imposed and enforced by Exploding Kittens, Inc., 101 South La Brea Avenue, Building A, Los Angeles, CA 90036, U.S.A. (hereafter “EK”) in its sole and absolute discretion upon any customer purchasing product from EK for ultimate sale to end-users of said products located in the United States or its territories (hereafter “Reseller”).
Advertised pricing practices or other conduct inconsistent with this MAP Policy may result in, among other actions, unavailability of specific product for purchase, lower prioritization for product allotments, and/or
ineligibility for any other pricing or purchasing benefit extended to Reseller by EK for any of the products in its active product catalog (“EK Product”).
The following terms used in this MAP Policy are defined as follows:
End-User: An individual customer located in the United States of America or its territories who purchases product from a Reseller and for which that product is, to the best of Reseller’s knowledge, intended for that customer’s consumption and not for further resale.
MAP: The minimum advertised price for each applicable EK Product, regardless of the condition of the product. EK communicates the MAP for each individual EK Product on its website and by various other communications.
MAP Amnesty Period: A period of time, as determined solely by EK, in which Resellers are not required to adhere to MAP, in whole or in part, for certain EK Products.
MSRP: Manufacturer’s suggested retail price. EK communicates the MSRP for each individual EK Product on its websites, catalogs, and by various other communications to its Resellers, as defined below.
2.0 Minimum Advertised Price
Reseller will not advertise the price of an EK Product to be below an EK Product’s MAP. Reseller will not represent the MSRP of an EK Product to be anything other than the MSRP communicated by EK for that given EK Product. Notwithstanding the foregoing, Reseller acknowledges that EK may run price promotions through its owned and operated channels from time to time featuring prices below those in this MAP Policy.
i) The MAP of EK Products applies only to the advertised price and does not apply to actual point-of-sale checkout price, which is at the sole discretion of the Reseller.
ii) Advertised prices include prices in respect to EK Products published by or on behalf of Reseller and disseminated by means of promotional methods in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage (including signage at End-User and trade conventions), as well as internet
sites, social media sites, apps, video blogs, blogs, or any other electronic media. This includes any price visible on the internet prior to EK Product being placed in a customer’s virtual shopping cart or similar feature including but not limited to prices visible via auction sites, electronic bulletin boards, browsers, portals, pop-ups, tweets, posts, and other methods of publication, even if through links or another website. Reseller may not include statements such as and similar to, “click here for best price,” or “click here for business pricing” or “click here to see pricing”, or use automated bounceback pricing emails, forms and automatic price display for EK Products prior to such products being placed in a customer’s virtual shopping cart or similar feature. Any online “business price” must adhere to MAP.
iii) EK will consider Reseller’s actual advertised price to be the price at which an EK Product is offered by or on behalf of Reseller to an End-User (potential or actual) after applying all discounts, rebates, allowances, and similar price reductions advertised by or on behalf of Reseller in connection with the EK Product, excluding certain taxes and shipment charges paid by the customer.
iv) Except for EK approved bundles, Reseller must not bundle, package, or otherwise advertise, with or without a discount, any:
a) EK Products for sale together;
b) EK Product and non-EK Products together; or
c) Multiple EK Products, or multiple EK Products and non-EK Products at an advertised total price lower than the aggregated MAP for each EK Product included in the bundle.
v) EK may, at its sole discretion, on EK websites, provide a list of EK Products that are exempt in whole or in part from the provisions of this MAP Policy through a MAP Amnesty Program within a specific time period. Traditionally, EK announces MAP Amnesty Programs during the following periods: 1 week in Summer and 3 weeks during the Q4 holidays (including the Black Friday / Cyber Week / pre-New Year period) and may add additional periods at its sole discretion.
vi) This MAP Policy does not apply to labels or stickers displaying the actual pricing to End Users when adhered onto physical EK Product to be sold in-person by Reseller to End Users. Reseller may not publish or otherwise disseminate scans, photographs, or other visual reproductions of such physical labels or stickers.
vii) This MAP Policy does not apply to in-store signage that is displayed only in the store and is not distributed to actual or potential customers.
viii) This MAP Policy does not apply to actual prices of EK Product communicated by Reseller directly to an individual End-User in person, by telephone or by individual email response.
ix) It is not the intent or purpose of this MAP Policy to restrict, coerce, force, or reach agreement with a Reseller to charge a particular price for any EK Product.
Penalty Structure for Violations
Step 1: Email notification with 48 hours to remedy the violation
Step 2: If MAP violation is not addressed, shipments withheld on violating item until MAP violation is remedied
Step 3: If MAP violation is not addressed within 7 days after Step 1, shipments will be withheld on the remainder of the Exploding Kittens assortment at the sole discretion of Exploding Kittens
You can find a list of our active products with the MSRP, and MAP, noted here: