MINIMUM ADVERTISED PRICING POLICY
Effective Date: March 05, 2026
- INTRODUCTION AND PURPOSE OF MAP POLICY
oogiebear has invested substantial time and money building the oogiebear™ brand name and image and promoting the quality and technical advantages of its products. The “oogiebear Brand,” as defined below, is recognized throughout the world as an assurance of quality, reliability, and above all, safety in juvenile products. oogiebear seeks to preserve and enhance its brand image and promote competition in the sale of its products and between its products and competing brands with its “Authorized Retailers.” defined below. Accordingly, oogiebear has unilaterally adopted this Minimum Advertised Pricing Policy (“MAP Policy”), which applies to all Authorized Retailers of oogiebear Products in the United States.
oogiebear has implemented this MAP Policy after unilaterally determining that extensive advertised discounting of oogiebear Products by certain retailers (both authorized and unauthorized) is threatening to detract from the value and image of oogiebear Products, harm oogiebear’s reputation as a manufacturer of safe and high-quality juvenile products, and impair oogiebear’s ability to compete effectively against other high-end brands of juvenile products. Such advertised discounting also permits discounting retailers to “free ride” on the superior (but costly) customer service and promotional efforts of certain Authorized Retailers and the significant promotional expenditures of oogiebear, discouraging Authorized Retailers from investing in the promotion of oogiebear Products.
This Policy is intended to assist oogiebear, its employees, and its Authorized Retailers in maintaining, protecting, and enhancing the value of the oogiebear Brand. The MAP Policy applies only to Advertised Prices as defined below, and does not apply to Resale Prices, as defined below. Authorized Retailers remain free to set Resale Prices at the levels they select.
This Policy is effective as of the Effective Date set forth above and supersedes all prior oogiebear policies regarding minimum Advertised Prices or Resale Prices for all oogiebear Products. To the extent that any provision, term, or agreement governing the relationship between oogiebear and any Authorized Retailer may be construed in a manner that is inconsistent with the terms of this Policy, the terms of this Policy control.
II. oogiebear’S MINIMUM ADVERTISED PRICING POLICY
1. MAP Policy
oogiebear is responsible for establishing the minimum advertised price (“MAP”) for each Covered Product and communicating the MAP to all resellers. While Authorized Retailers remain free to advertise and sell all oogiebear Products at any price they deem appropriate, it is a violation of this Policy for an Authorized Retailer to publish an Advertised Price below the “MAP USD” listed for any oogiebear Products specified in Exhibit A (the “MAP”). Only the products listed in Exhibit A are subject to this Policy (the “Covered oogiebear Products”). This Policy does not apply to styles of oogiebear Products that have been discontinued. Freight and handling charges (if advertised) must be in addition to the MAP set forth in Exhibit A. Promotional activities that violate this Policy include, but are not limited to, the following:
- Issuing an advertisement that lists an Advertised Price for a Covered oogiebear Product at an amount that is lower than the MAP.
- Issuing an advertisement that lists an Advertised Price for a Covered oogiebear Product and a percent off discount that results in a price below the MAP
- Combining any Covered oogiebear Product(s) in a bundle and listing the advertised price of the bundle as lower than the combined MAP for the Covered oogiebear Products when considered independently.
- Offering discounts that list an Advertised Price for a Covered oogiebear Product at an amount that is lower than the MAP for customers who pick up the product in store.
- Permitting any third party to alter the advertised price for any Covered oogiebear Product.
- Direct or indirect attempts to circumvent this Policy also violate this Policy.
Notwithstanding the prohibitions above, it is permissible under this Policy for Authorized Retailers to engage in the following advertising practices:
- Advertising percentage and dollar-off discounts on Covered oogiebear Products at the brand, category, or item level, so long as no price is listed on the advertisement. For example, Authorized Retailers may publish an advertisement offering 20% off of all oogiebear Products or 20% off of a particular oogiebear Product.
- Providing promotions or discounts applicable to all products sold by an Authorized Retailer, such as through a storewide sale, so long as no below-MAP price is listed for a Covered oogiebear Product.
- Bundling Covered oogiebear Products with other Covered oogiebear Products or other products or services (whether made by oogiebear or another entity), when the prospective customer will not be presented with specific pricing information for the bundle as part of the promotional offering. To illustrate, it would be permissible under this Policy for an Authorized Retailer to offer a promotion to “buy two oogiebear Products and get a third half off”; it would not be permissible for an Authorized Retailer to offer a promotion to “buy two oogiebears for $30.”
- Issuing coupons to be applied at checkout that lower the Advertised Price to the Authorized Retailer’s desired Resale Price.
2. Actual Sales Price
This MAP Policy only governs the prices at which an Authorized Retailer advertises Covered oogiebear Products for sale. It does not govern Resale Prices. Thus, this MAP Policy does not apply to in-store pricing or to any reduced price that an Authorized Retailer wishes to place within a purchaser’s online shopping cart as a final stage of an online purchase.
Authorized Retailers may communicate Resale Prices to customers in a variety of ways without violating this Policy. For example, they may: (i) communicate Resale Prices to consumers who contact them directly to request a price via email or phone; or (ii) communicate them on a secure “Checkout” or “Cart” page after the user indicates an intent to purchase by adding the item to his/her cart and beginning the purchase process.
3. Unilateral Nature of MAP Policy
This MAP Policy is a unilateral statement of oogiebear’s preferences concerning the type of account to which oogiebear chooses to distribute Covered oogiebear Products. This Policy does not constitute an agreement between oogiebear and any other entity. oogiebear neither solicits nor will it accept any assurance of compliance with this Policy from any Authorized Retailer or other party. It is not the intent or purpose of this MAP Policy to restrict, coerce, force, or reach agreement with any Authorized Retailer to charge or advertise a particular price for any oogiebear product. Each Authorized Retailer must independently choose whether to comply with the terms of this Policy.
4. MAP Holidays
From time to time, oogiebear may also announce MAP holidays or promotions that are applicable to all Authorized Retailers, during which periods, an Authorized Retailer that advertises a oogiebear Product in accordance with the terms of the authorized promotion will not be deemed to have violated the Policy.
5. MAP Policy Administration
oogiebear may update, revise, suspend, terminate, reinstitute, or modify this Policy at any time in its sole discretion. oogiebear shall make any such modifications available to all Authorized Retailers. This Policy is not negotiable and will not be altered for any individual Authorized Retailer. oogiebear does not seek and will not accept any request from a Retailer to modify this MAP Policy. oogiebear employees and sales representatives will not discuss any alleged or actual violations with any Authorized Retailer or employees, representatives, or agents of any Authorized Retailer. All oogiebear employees and sales representatives have been instructed not to discuss the application or enforcement of this Policy, or any investigation or actual or alleged violation. oogiebear requests that Authorized Retailers do not attempt to discuss the application or enforcement of this Policy, or any investigation or actual or alleged violation with oogiebear employees or sales representatives. All questions regarding the interpretation and enforcement of this Policy should be directed in writing to the oogiebear Policy Coordinator at policies@oogiebearbag.com.
6. Unilateral Determination of Compliance with MAP Policy
oogiebear will determine unilaterally whether its Authorized Retailers have violated this MAP Policy and notify the offending Authorized Retailer of that determination and the resulting enforcement action. If oogiebear determines that a violation has occurred, there is no appeal process.
7. Penalties for Non-Compliance
Upon determining that an Authorized Retailer has violated this Policy, oogiebear will take the following actions:
i. For an Authorized Retailer’s first violation of the Policy, oogiebear will notify the Authorized Retailer in writing of such failure and issue the Authorized Retailer a written warning.
ii. For an Authorized Retailer’s second violation of the Policy during a 3-month period, oogiebear will issue a second written notice to the Authorized Retailer of such failure.
iii. For an Authorized Retailer’s third violation of the Policy during a 3-month period following the first violation, oogiebear will notify the Authorized Retailer in writing of such failure and will immediately place a shipping hold on any items advertised in violation of this Policy for thirty (30) days. For those items advertised in violation of this Policy, oogiebear will not accept any new orders from the Authorized Retailer during this 30-day period. oogiebear will not cover the cost of any chargebacks associated with these actions.
iv. For an Authorized Retailer’s fourth violation of the Policy during a 3-month period following the first violation, oogiebear will indefinitely suspend the sale of any items advertised in violation of this Policy to the Authorized Retailer and will no longer accept new orders from the Authorized Retailer for such products. oogiebear will not cover the cost of any chargebacks associated with these actions.
A continuing violation of the Policy will be deemed to constitute a subsequent violation if it continues for more than five (5) days after the Authorized Retailer receives notice of the violation. The Policy will be enforced by oogiebear in its sole discretion and without notice. Retailers have no right to enforce the Policy.
III. DEFINITIONS
- “Authorized Retailers” are those resellers to whom oogiebear sells products directly and who continually observe all requirements for maintaining their Authorized Retailer status in accordance with terms of the oogiebear Brand Management Policy.
- “oogiebear Brand” means the image and perception of oogiebear in the minds of customers and consumers. The oogiebear Brand is comprised of oogiebear Products and oogiebear Brand Elements.
- “oogiebear Brand Elements” include oogiebear’s patented and unpatented products, registered and unregistered trademarks, logos, service marks, trade dress, copyrights (including images), any other intellectual property related to oogiebear products, packaging, marketing materials, promotional materials, sales literature, and collaterals.
- “oogiebear Products” are products bearing the oogiebear Brand.
- “Covered oogiebear Products” are those products listed on Exhibit A. Covered oogiebear Products do not include items that have been discontinued.
- “Advertised Price” means any price listing linked to a particular oogiebear Product(s) and included on any advertisement. An “advertisement” includes, but is not limited to, statements communicated to the public through any media (print, radio, television and internet) including, but not limited to, paid and unpaid advertisements, catalogs, billboards, fliers, classifieds, internet listings (including, but not limited to, listings on the retailer’s own website, or through any third-party internet marketplace, listing aggregators, or CPA/PPA services, such as Google Adwords), “pop-up” ads, linked videos, blogs, emails, mailings, social networking, and websites. A website includes, but is not limited to, any site password-protected or not, and any paid membership or club pricing site. The term Advertised Price specifically excludes a price only visible on a secure “Checkout” or “Cart” page after the user indicates intent to purchase by adding the item to his/her cart and beginning the purchase process. The term Advertised Price also excludes in-store signage and price displays.
- Exhibit A means the document attached hereto, specifying Suggested List Retail Pricing and the MAP for Covered oogiebear Products or any revised version of Exhibit A that oogiebear may issue, from time to time, in its sole discretion.
- “Resale Prices” are any price actually charged by an Authorized Retailer for a oogiebear Product. Exhibit A identifies Suggested List Retail Pricing, which may be adopted at the Authorized Retailer’s discretion.
EXHIBIT A
|
Product |
Product Image |
SKU |
MSRP (USD) |
MAP |
|
|
(USD) |
|||
|
Baby Booger Picker w/ case |
 |
BP01-C |
$14.99 |
$12.99 |
|
Baby Booger Picker w/ case (2-pack, Orange + Blue) |
 |
BP02-ORB |
$16.99 |
$14.99 |
|
Baby Booger Picker w/ case (2-pack, Blue) |
 |
BP02-B |
$16.99 |
$14.99 |
|
oogiebear brite with LED light |
 |
BRITE-W |
$14.99 |
$12.99 |
|
Nasal aspirator - blue |
 |
BULB -B |
$12.99 |
$9.99 |
|
Nasal aspirator - orange |
 |
BULB-O |
$12.99 |
$9.99 |
|
Nasal aspirator + booger picker duo - raspberry |
 |
BPAIR-R |
$21.99 |
$19.99 |
|
Nasal aspirator + booger picker duo - blue |
 |
BPAIR-B |
$21.99 |
$19.99 |
|
Fingerbrush + Tongue Scraper |
 |
FBTS |
$12.99 |
$9.99 |
|
360 Toothbrush |
 |
TB01-B |
$12.99 |
$9.99 |
|
Cradle cap kit |
 |
CC |
$14.99 |
$12.99 |
|
baby medicine kit |
 |
MedK-04-OW |
$21.99 |
$19.99 |
|
soothe all balm 0.5oz |
 |
FM-NTT-05 |
$9.99 |
$7.99 |
|
breathing rub 0.5oz |
 |
FM-BR-05 |
$9.99 |
$7.99 |
|
sleep balm 0.5oz |
 |
FM-SB-05 |
$9.99 |
$7.99 |
|
bug away balm 0.5oz |
 |
FM-BA-05 |
$9.99 |
$7.99 |
|
chestrub 1oz |
 |
FM-CR-1 |
$12.99 |
$9.99 |
|
4 pack balm collection |
 |
FM-CB |
$31.99 |
$29.99 |