MINIMUM ADVERTISED PRICE POLICY
PlayFusion Limited (“PlayFusion”) develops and sells certain card games and related products (our “Products”). PlayFusion knows and understands that its current and continued success and the quality and perception of its Products is directly related to the success of its distribution partners (“Partners”). In the best interests of its business, its Partners and Products, PlayFusion has decided to adopt this Minimum Advertised Price (“MAP”) policy (the “Policy”).
This Policy only applies to the United States of America and/or Canada, and internal sales and supplies of Products within the United States of America and/or Canada.
- This Policy is not intended to, nor does it, impact the price our Partners can choose to sell our Products at, and we do not purport to, nor shall we directly or indirectly restrict the freedom of our Partners to choose to sell our Products at any price they so choose. PlayFusion has unilaterally determined and issued this Policy and the decision to agree to, adhere to, and/or comply with the Policy is left to each Partner.
- PlayFusion’s Partners should not advertise, or otherwise promote or allow the promotion of Products at a marginal price that is more than 20% lower than the Manufacturer’s Suggested Retail Price (“MSRP”) list that PlayFusion makes available from time to time. A Partner would not be in compliance with his Policy if it advertises or otherwise promotes Products for sale at a marginal price that is more than 20% below the most recently published MSRP list, or resells or trades Products to sellers that it knows or has reason to believe do not or will not comply with this Policy.
- A Partner may make statements of a general character that indicate it will price match, has the lowest prices, or will beat competitor’s prices, so long as it does not advertise or otherwise promote Products at more than 20% below the MSRP.
- PlayFusion reserves the right, in its sole and absolute discretion to take such action as it determines is necessary or desirable to aid in enforcing and complying with this Policy. Any violation of this Policy may result in termination of a Partner’s right to purchase Products, variation of payment or credit terms, removal of discounts, removal of any licence or permission relating to PlayFusion’s brand(s) and/or Products, and/or exclusion of a Partner’s participation in any promotional or special programs until further notice, or any other such action that PlayFusion determines is appropriate. Compliance with this Policy does not guarantee a Partner support or supply of Products from PlayFusion or third parties acting on its behalf.
- PlayFusion may notify a Partner that it believes it is in violation of the spirit or letter of this Policy, and give them a chance to take corrective action, or it may not, with such a decision being in PlayFusion’s reasonable discretion.
- PlayFusion reserves the right to vary, amend, supplement or suspend this Policy at any time in its sole discretion. Enforcement of this Policy shall occur only at the sole and complete discretion of PlayFusion. Partners have no right to rely on this Policy or PlayFusion’s enforcement hereof.
- This Policy does not apply to Products which have been sold to consumers at arms’ length, and it does not apply to nor purport to apply to the secondary market for Products already sold at arms’ length.
- PlayFusion has a policy of not discussing the terms of this Policy with Partners.
- This Policy is not intended to apply to, and shall not be put in place in or in connection to any jurisdiction where any applicable law or regulation would determine it to be unlawful. Any provision of this Policy that is invalid or unenforceable on its own shall be removed or edited, such that the remainder of this Policy shall remain valid, in force or effect, save for the removal or edit so made.