MAPP FAQ

Q: Why has CMON implemented a unilateral, minimum advertising price policy (MAPP)?

A: In order to reinforce the high-quality image and value of the CMON brand in the marketplace, CMON implemented a unilateral Minimum Advertised Price Policy (MAPP) effective June 1st 2017.

We believe that CMON’s continued growth and success in helping our customers understand and enjoy our products depends on a stable dealer channel that concentrates on thorough merchandising, employs trained and knowledgeable salespersons, and provides a very high-level of pre-sale and post-sale support to the customer. CMON also believes they can compete most effectively by supporting a responsible network of established, high-quality dealers.

Q: Why is the CMON brand important?

A: CMON has made and continues to make major investments in the CMON brand. CMON is engaged in a strategic initiative that will strengthen and support the value of the CMON brand for many years to come. Our brand is an important business asset. CMON, like CMON’s Resellers, is proud of the reputation and quality of our products. Because of this, CMON has established the CMON MAPP to maintain and strengthen the positions of CMON and CMON’s dealers in the marketplace.

Q: What CMON products are covered in the CMON MAPP?

A: The CMON MAPP applies to all CMON branded products with a Minimum Advertised Price as indicated on the current MAPP Price list. This list of products affected by the CMON MAP policy can be found on CMON.com. Our MAP policy does not relate to actual sales prices charged by dealers for CMON products. At no time will CMON enter into any agreements with dealers regarding the actual prices a dealer may charge their customers.

Q: Does the CMON MAPP apply outside the USA?

A: No. The CMON MAPP only applies to sale of products in the USA, including U.S. territories and possessions, such as Guam, Puerto Rico, and the U.S. Virgin Islands.

Q: How can a dealer purchase CMON products under the CMON MAPP?

A: Dealers can apply to become a CMON distributor or retailer. Applications are reviewed by CMON and decisions to whom it will sell are made by CMON in its sole discretion. It is the responsibility of the CMON reseller to uphold the CMON MAP. Although the MAPP applies to all CMON products, acceptance of a dealer under the CMON MAPP does not guarantee the right to buy any particular CMON product, or any minimum quantity.

Q. Where can a dealer obtain a copy of the CMON MAPP?

1. A copy of the CMON MAPP can be obtained via the CMON Website at www.cmon.com/mapp.

2. A copy of the CMON MAPP Price List can be obtained via the CMON Website at www.cmon.com/mapp-prices.

Q: What advertising is covered by the CMON MAPP?

A: The CMON MAPP applies to all forms of advertising, including:

1. Print advertising, such as newspapers, magazines, multi-page inserts, displays at exhibitions and shows, posters, show-special flyers, hand-outs, coupons, and newsletters;

2. Broadcast advertising, such as radio, television, and video;

3. Direct mail advertising, such as direct mail pieces, catalogs, flyers, newsletters, broadcast faxes, and e-mails; and

4. Electronic advertising including any price information relating to CMON products on an Internet website that can be accessed directly through any hypertext link or by any other method that uses the hypertext transfer protocol (http). This includes, but is not limited to, pricing feeds to shopping search engines such as pricegrabber.com., shopping.com and Google shopping.com.

Q: What is not covered by the CMON MAP Policy?

1. In-store displays, such as price tags, shelf-talkers, hang-tags, and point-of-sale signs posted at or near CMON product displays, or other product packaging that simply state price.

2. Electronic mail sent in direct response to a customer inquiry is not considered to be advertising.

Q: Would advertising that states “call for price” be a violation of the policy?

A: No.

Q: Can actual selling price be shown at the shopping cart stage?

A: Yes. However, informational product pages must comply with the MAPP.

Q: How does the MAP Policy relate to product bundles?

A: Our MAPP requires the advertised price of product bundles be no less than the sum of the required MAP price of the bundled CMON products. The bundle should not suggest the advertised price of the bundled product is less than the aggregate required MAP price.

Example: Advertisement offers two CMON products as a bundle. The first CMON product has a MAP of $99.00. The second CMON product has a MAP of $ 49.00. An advertisement of the 2 CMON products below $148 would be a violation of the CMON MAPP.

Q: Are CMON’s Retail Kickstarter pledges considered a Bundle?

A: Yes, and as such, CMON sets the price for each of its Kickstarter retail pledges and the set price is the bundle price.

Q: Does the CMON MAPP apply to used or defective products?

A: No. However, it must be clearly indicated that the product is used or defective and the product must actually be used (previously sold) or genuinely defective in some respect.

Q: Are there exceptions to the CMON MAPP?

A: No.

Q: Can I appeal a CMON decision regarding a policy violation?

A: No. CMON may unilaterally determine that an apparent violation was the result of inadvertent error such as printer or typographical error and not an intentional policy violation, concluding that a policy violation had not occurred.

Q: What if a single location of a retail chain violates the CMON MAPP?

A: CMON will attribute the violation by any individual store that is part of a chain to the entire retail chain.

Q: What if a single franchisee violates the CMON MAPP?

A: CMON will treat franchisors that resell products to franchisees like other dealers. If a franchisee advertises CMON products below MAP prices, the franchisee and franchisor may face consequences for violating the MAPP, which may include termination of CMON’s business relationship with the franchisee and/or franchisor.

Q: What if a reseller is acting under a different domain name or D.B.A. name?

A: CMON will treat other domain names or D.B.A.s that resell products like one dealer. If a D.B.A. advertises CMON products below CMON MAP prices, the Owner of that D.B.A. and all affiliates (commonly owned or controlled businesses) will be subject to consequences for violating the MAPP.

Q: Can I submit an ad in advance to be approved for MAPP compliance?

A: No, CMON does not approve ads for MAPP compliance. Dealers are solely responsible for an ad’s compliance with CMON MAPP. While we will not review pricing in an advertisement, this does not affect CMON’s general corporate policy of reviewing ads for accurate copy.

Q: What is the penalty for violating the CMON MAPP?

A: If a dealer fails to comply with the CMON MAPP, it is CMON’s policy to suspend product sales to that dealer for a period of 120 days. The suspended dealer will be removed from CMON’s website and banned from CMON PLAY program during that time. CMON will notify CMON’s distributors of the suspension. Dealers who fail to abide by CMON’s MAP Policy may face other consequences, which may include termination of CMON’s business relationship. CMON is under no obligation to provide prior notice or issue warning before taking action under this MAP Policy.