Crown Laboratories, Inc.
1. Introduction
Crown Laboratories, a privately held, fully integrated global skin care company is committed to developing and providing a diverse portfolio of aesthetic, beauty, and therapeutic skin care products that improve the quality of life for its customers. We offer a variety of over-the-counter therapeutic brands that help consumers solve their skincare problems and reveal healthier, happier skin. Our brands include Blue Lizard Australian Sunscreen, PanOxyl, Sarna, Keri, Desenex, Zeasorb, Ulcer Ease and Sulfo Lo.
We recognize that our company’s success is tied to the success of our network of selected authorized sellers. We also know that many of our sellers invest significant time and resources to deliver a great customer experience for online shoppers. We want to protect their ability to do so, while at the same time, discouraging price-based advertising that would be detrimental to our sellers. As a result, Crown Laboratories has unilaterally established this Minimum Advertised Price (“MAP”) Policy.
2. Policy Statement
Crown Laboratories, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP policy at a price lower than the MAP.
3. General Guidelines
- The products covered by this policy are listed in Column B (MAP). Crown Laboratories in its sole discretion modify this list from time to time.
- Crown Laboratories recognizes that sellers are free to make their own decisions to advertise and sell any Crown Laboratories products at any price they choose, without consulting or advising Crown Laboratories. Similarly, Crown Laboratories will exercise its right to make its own decisions regarding the Crown Laboratories Authorized Reseller Program, supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, join marketing, or sponsorship programs.
- The MAP policy applies to advertised prices, not the price at which MAP products are actually sold or offered for sale to an individual in-store or over the phone.
- Crown Laboratories believes in maintaining a well regulated and fair marketplace for all its authorized resellers. Please see the MAP FAQs for more information on the MAP policy and enforcement.
4. Advertising Guidelines
- The MAP policy applies to all advertisements of MAP products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, televisions, radio, and public signage, as well as internet sites, social media sites, apps, or any other electronic media.
- The MAP policy does not apply to solely on-premise or in-store advertising that is not distributed to customers.
- Website features such as “click for price,” automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, automatic price display for any items prior to being placed in a customer’s shopping cart and other similar features are considered to be communications initiated by the seller (rather than by the customer) and thereby constitute “advertising” under the MAP policy.
- This MAP policy also applies to any activity which Crown Laboratories determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP policy, such as solicitations for “group purchases” and the like.
- It shall not be a violation of this MAP policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP policy.
- From time to time, Crown Laboratories may permit resellers to advertise MAP products at prices lower than the MAP retail price. In such events, Crown Laboratories reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
5. Bundling Guidelines
- “Bundling” or advertising Crown Laboratories products for sale together with other products will violate this MAP policy when:
- the effective or stated price of the bundle represents a discount of greater than 15% of the MAP; or
- the product(s) bundled with MAP products violate Crown Laboratories Intellectual Property rights; or
- the product(s) bundled with MAP products violate the Crown Laboratories Trademark & Brand Policy, or
- the product(s) bundled with MAP products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s); or
- the effective or stated discount is greater than 15% of the highest priced item in the bundle.
- Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP product will violate this MAP policy when:
- the effective or stated price of the bundle represents an immediate discount greater than 15% of the MAP; or
- the effective or stated price of the bundle represents a discount of greater than 15% of the MAP after taking into consideration any contingent future purchase.
- Rebate programs from Crown Laboratories, whether on MAP products or Crown Laboratories partners’ products, are exempt from this policy.
6. Policy Enforcement
- If a seller with multiple store locations violates this MAP policy at any one store location, or on any associated website, then Crown Laboratories will consider this to be a violation by the seller.
- Crown Laboratories reserves the right to cancel any pending order, restrict future orders, or suspend sellers’ account if Crown Laboratories reasonably believes:
- a deal has violated the provisions of this policy: or
- a seller intends to violate this policy.
- Crown Laboratories’ MAP policy administrator is solely responsible for determining whether a violation of the MAP policy has occurred, as well as determining appropriate sanctions.
- Waivers to this MAP policy may be granted in Crown Laboratories sole discretion by the MAP policy Administrator in writing. Crown Laboratories Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP policy.
- Crown Laboratories reviews the advertised prices of dealers, either directly or via the use of third-party agencies and tools. Dealers are expected to provide reasonable cooperation in any Crown Laboratories investigations regarding possible MAP policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Crown Laboratories MAP policy investigation is a violation of this MAP policy.
- The MAP policy will be enforced by Crown Laboratories in its sole discretion and without notice. Third party sellers and distributors have no right to enforce the MAP policy. Violation of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. All questions related to this MAP policy should be directed in email to map@crownlaboratories.com.