<aside> 💡 Bad Comet Games (“BCG”) has unilaterally adopted this Minimum Advertised Pricing Policy & Guidelines (“MAPP”) and established the following policies that will unilaterally be imposed upon its Resellers.
</aside>
This MAPP is effective from November 1, 2023. The policy applies to all Advertising Bad Comet Games products identified on the MAPP Price List in Appendix 1. BCG may add items to, or delete items from, the MAPP Price List at its sole discretion. All products released henceforth are included in this policy even if they are not specifically listed. BCG reserves the right, in its sole discretion, to amend, modify, or forgo the terms of this MAPP at any time.
(a) the term “Reseller” implies the ultimate sale to end-users of said products by purchasing products directly from Bad Comet or through a Distributor. (hereafter “Reseller”).
(b) As used herein, the terms “Advertise” and “Advertising” mean to display, announce, broadcast, or otherwise communicate to the public at large, by any means whatsoever, to make a general offer to sell or a general solicitation of offers to buy. Without limitation, the terms include communicating (i) in newspapers, magazines, catalogs, mailers, flyers, inserts, coupons, posters, public signage, and other printed materials; (ii) on television, radio, and other broadcast media; and (iii) by means of email, email newsletters, text message, social media, the internet, and other forms of electronic communications. The terms further include, without limitation, the price for a MAPP Product shown on the internet (i) in response to a web browser search; (ii) on a Reseller’s homepage or the webpages within its site or domain; (iii) if the Reseller is conducting e-commerce through a third-party site or domain, the prices for MAPP Products shown on the third-party site or domain; (iv) on banner advertisements, auction sites, shopping sites, forums, and destination pages; and (v) via website features, such as automatic price displays for any items prior to being placed in a customer's online shopping cart, Click-for-Price, automated bounce-back pricing emails, pre-formatted email responses, and other similar features initiated by the Reseller rather than by the customer.
(a) A Reseller may not Advertise any MAPP Product at a price (“Advertised Price”) that is less than the MAP price shown for that MAPP Product on the MAPP Price List then in effect (“Minimum Advertised Price”).
(b) BCG will consider the Reseller’s actual advertised price to be the price at which a BCG Product is offered by or on behalf of the 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 BCG Product, excluding certain taxes and shipment charges paid by the customer.
(c) BCG products sold through distributors must also comply with the MAPP, and Distributors must share this MAPP with their clients and ensure it is followed.
(d) Where MAPP Products are bundled with other products, it shall be a violation of this MAPP to Advertise the bundle at a price that (i) is less than the sum of the Minimum Advertised Prices of the bundled products or (ii) violates the letter or spirit of this MAPP.
A Reseller violates this MAPP if it Advertises any MAPP Product below the Minimum Advertised Price and/or resells MAPP Products to a Reseller who Advertises MAPP Products below the Minimum Advertised Prices.
BCG reserves the right to exercise all Remedies set forth in Section 5.0 (Remedies) below against any BCG Reseller who violates this MAPP.