Dorfman Milano MAP Policy

Unilateral Minimum Advertised Price and Reseller Channel Policy

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Updated: June 2023

1. Introduction

As the consumer economy and reseller marketplace platforms continue to evolve, Dorfman Milano continuously strives to maintain strong price integrity and promote fairness among all its valued customers.

With that in mind, Dorfman Milano is updating its Minimum Advertised Price (MAP) and Retail Channel Policy (RCP). These policies apply to Dorfman Milano’s wholly owned brands, as well as any brands sold under licensing agreements.

The following brands are currently in scope for MAP and RCP enforcement, however, additional brands may be added from time to time to accommodate Dorfman Milano’s ever-growing product array: Scala, DPC, Cappelli Straworld Inc., Biltmore, Aegean, Makai, Stetson, Tommy Bahama, Stacy Adams, Indiana Jones, Mossy Oak, Larry Mahan, and Justin.

2. Minimum Advertised Price

Dorfman Milano believes in building and maintaining a fair marketplace for all its approved resellers to operate in and reserves the right, in its sole discretion, to suspend or discontinue doing business with any reseller that advertises in-scope products at a price lower than MAP.

• The MAP policy applies to all advertisements of in-scope products in any media channel, including but not limited to print (flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs), television, radio, public signage, internet sites, social media sites, apps, or other electronic media.
• Website features such as “click for price," automated “bounce-back” price e-mails, pre-formatted e-mail responses or forms, automatic price displays for items prior to customer shopping cart placement or other similar features are considered to be communications initiated by the reseller and thereby constitute advertising under Dorfman Milano’s MAP policy.
• The MAP policy also applies to any activity which Dorfman Milano determines, in its sole discretion, is designed or intended to circumvent the spirit and intent of its MAP policy, such as solicitations for group purchases (Groupon, LivingSocial, BuyWithMe and the like).
• The MAP policy does not apply to in-scope products offered for sale at brick and mortar locations or over the telephone, or the price at which in-scope products are actually sold.
• The MAP policy does not apply to in-store advertising that is not distributed to customers; however, it does apply to all prices placed on your company’s website and social media accounts.
• It shall not be a violation of MAP policy to advertise a customer may “call for price” or “email for price", or to use similar language with respect to in-scope products, so long as a specific price is not displayed in the advert.

From time to time Dorfman Milano, in its discretion, may permit resellers to advertise in-scope products at prices lower than MAP. During such events, Dorfman Milano may modify or suspend MAP for select products for a specified period of time by providing advance notice to all resellers of suchFrom time to time Dorfman Milano, in its discretion, may permit resellers to advertise in-scope products at prices lower than MAP. During such events, Dorfman Milano may modify or suspend MAP for select products for a specified period of time by providing advance notice to all resellers of suchchanges. The notification shall include a list of the impacted products and associated style numbers, temporary price and time frame, including specific start and stop times, for MAP abatement.

3. MAP Policy Enforcement

In order to ensure universal alignment with this policy, Dorfman Milano will routinely monitor the reseller marketplace and address policy violators as necessary. Violations of this policy may result in sanctions up to and including termination of our business relationship, as well as any available legal remedies afforded by law. 

4. Communicating MAP Price and Policy Updates

 MAP prices may be updated from time to time by Dorfman Milano with or without prior notice to resellers. A current list of MAP prices is available at dorfmanmilano.com/documents by clicking on Dorfman MAP Pricelist.

5. Authorized Reseller Channels

 After struggling for years to police numerous third-party seller marketplace sites to ensure adherence to Dorfman Milano’s MAP policy, a decision was made to prohibit resellers from marketing or listing for sale any Dorfman Milano products on third-party seller marketplace sites.

In its sole discretion, Dorfman Milano reserves the right to discontinue doing business with any reseller that advertises or lists in-scope products on third-party seller marketplace sites. Third-party seller marketplaces include but are not limited to the following:

Amazon.com, walmart.com, ebay.com, craigslist.com, bestbuy.com, alibaba.com, rakuten.com, jd.com, suning.com, apple.com, dell.com, xiaomi.com, sears.com, newegg.com, jet.com, wish.com, and the like, as well as each respective sites’ mobile applications.

• Dorfman Milano continuously reviews third-party seller marketplaces for in-scope product listings, either directly or via the use of third-party agencies or monitoring tools. When potential violations are discovered, resellers are expected to provide reasonable cooperation in any investigations initiated by Dorfman Milano hindering, obstructing, delaying or otherwise failing to cooperate with an investigation will be considered a violation of this policy.
• Dorfman Milano is solely responsible for determining whether a violation the reseller channel policy has occurred, as well as determining appropriate sanctions.
• Dorfman Milano reserves the right to cancel any pending orders, restrict future orders, or suspend a reseller’s account if it has reason to believe a reseller has violated or intends to violate the provisions of the policy.
• The foregoing statement represents Dorfman Milano’s unilateral policy concerning reseller marketplace practices and expresses the terms upon which it will address its customers and may be modified by Dorfman Milano from time to time.
• Dorfman Milano does not seek, nor will it accept, any agreement or understanding with respect to the use of third-party seller marketplace sites as a retail platform for in-scope products at any time.
• If a reseller lists Dorfman Milano’s in-scope products on a third-party reseller site, it will be considered a violation of this policy.

Frequently Asked Questions

Minimum Advertised Price (MAP) Policy

The following answers to frequently asked questions are offered as a service to customers who are seeking information about Dorfman Milano’s MAP policy. These questions and answers are for illustrative purposes only. For specific questions concerning our MAP policy, please refer to our Unilateral Minimum Advertised Price and Reseller Channel Policy or contact us at compliance@dorfmanmilano.com.

What is a MAP policy?

A MAP policy is a unilateral set of guidelines that defines the minimum price at which in-scope products can be advertised; it does not, however, govern the actual resale price of the products. Authorized resellers of in-scope products are free to set resale prices in accordance with their companies’ goals and objectives.

Why has Dorfman Milano chosen to implement a MAP policy?

Dorfman Milano implemented a MAP policy to protect the integrity of our company’s 100-year old brand assets and support authorized resellers who have invested in our products, and advertise, market and promote our brands.

How is MAP policy enforced?

Dorfman Milano continuously reviews reseller advertised prices, either directly or via the use of thirdparty agencies or monitoring tools. When potential MAP policy violations are discovered, resellers are expected to provide reasonable cooperation in any investigations initiated by Dorfman Milano Hindering, obstructing, delaying or otherwise failing to cooperate with an investigation will be considered a violation of MAP policy.

A summary of potential penalties is noted below:

• First Offense
  • A violation notice will be sent to Dorfman Milano’s direct customer requesting the advertised price is corrected to align with current MAP within 14 days or as indicated by Dorfman Milano
• Second Offense
  • A violation notice will be sent to Dorfman Milano’s direct customer and, in its sole discretion, Dorfman Milano may opt to take any of the following actions:
    • suspend outstanding POs until confirmation of corrective action;
    • place customer on warning list.
• Third Offense
  • A cease and desist letter will be sent to Dorfman Milano’s direct customer via USPS return receipt requested and the customer will be placed on a Do Not Sell List for a period of one year.

How often is the MAP product list updated?

The MAP product list is typically updated twice per year and occasionally on an ad hoc basis to meet marketplace demands.

Do coupons, gift cards, loyalty points, or other incentives, which are contingent upon the purchase of a MAP product, violate this policy?

Coupons, gift cards, loyalty points or other incentives do not violate MAP policy as long as they are applied against the entire purchase during checkout. Advertised prices that suggest a price after a discount incentive has been applied would be a violation of the MAP policy.

What does the MAP policy apply to?

This policy applies to all forms of reseller marketing for Dorfman Milano’s in-scope products.

Who reports MAP violations?

Reports are primarily submitted by a 3rd party monitoring service but can also be brought to our attention by existing authorized resellers and Dorfman Milano’s employees.

What are some examples of compliant vs. non-compliant advertising?

Compliant:

• Advertised price is equal to MAP.
• Offers for free or reduced shipping (as long as shipping costs are not deducted from the advertised price of the product).
• Lowest prices guaranteed.
• Will match or beat our competitor’s prices
• Purchase process requires customer to place in-scope product in the shopping cart before price is revealed.

These and other advertising terms are acceptable as long as there is no reference or inclusion of an actual price that is below the current MAP price for in-scope products.

Non-compliant:

• Advertised price is below MAP.
• Advertised price is at MAP but includes deductions for discounts or other incentives that result in a price lower than MAP shown to the customer.

Who should I contact if I have additional questions about the MAP policy?

Questions about Dorfman Milano’s MAP policy should be directed to compliance@dorfmanmilano.com.