Unilateral Minimum Advertised Price (MAP) Policy

Slumberpod LLC (“SlumberPod”), has built a strong brand, developed a significant amount of goodwill and has earned a reputation of manufacturing high-quality products.  Having spent significant resources to accomplish this, SlumberPod has determined it will not support advertising or promotional messaging that adversely impact SlumberPod’s brand, goodwill or reputation. 

Accordingly, SlumberPod has unilaterally established this Minimum Advertised Price Policy (“MAP Policy”) for its Covered Products. SlumberPod intends to sell Covered Products only to authorized distributors, retailers, and resellers in the United States (collectively “Resellers”) that do not advertise the Covered Products below the Minimum Advertised Price set forth in this MAP Policy. SlumberPod may choose to enforce this policy through action up to and including termination of Reseller that advertises any Covered Product below the stated Minimum Advertised Price.

1. Advertisements. This MAP Policy applies to any and all forms of advertising, of any means of media, that displays a Covered Product and a retail price, discount or other incentive, at any time prior to and throughout any transaction, including without limitation the following (the “Covered Media”):
   • Internet-based or other electronic media, including the Reseller’s website, third party websites, PDPs, apps, emails, SMS, social media accounts, and selling platforms (e.g. amazon.com, eBay, Walmart);
   • Any and all displays of a retail price that are digitally visible outside of an individual shopper’s shopping cart;
   • The Reseller’s banners or advertising on sites or apps owned by third parties;
   • Google shopping, Google PMAX, or other listings on websites that accumulate and display advertised pricing from unrelated websites if sponsored or funded by the Reseller, or if the Reseller submits information to the website; and
   • Catalogs, coupons, flyers, inserts, magazines, mail order catalogs, mailers, postcards, newsletters, newspapers, posters, billboards, television and radio advertising, or electronic billboards.
2. Minimum Advertised Price and Covered Products. The current “Minimum Advertised Price” and “Covered Products” are set forth in Appendix A and as designated by SlumberPod from time to time.
3. Violation of MAP Policy.
   • SlumberPod considers displaying a price for a Covered Product in Covered Media that is lower than that Covered Product’s Minimum Advertised Price a violation of this MAP Policy.
   • This MAP policy does not apply to the following:
     1. In-store displays, signage, price markings that are only visible to the consumer once inside a Resellers’ physical store location.
     2. Advertising those states “Call for Price,” or “Add to Cart to See Price,” “See Price in Cart,” or similar statements.
     3. Displaying a price for a Covered Product in Covered Media that is lower than that Covered Product’s Minimum Advertised Price during “Allowed Promotional Windows” and at the applicable “Allowed Promotional MAP” as set forth in Appendix B;
     4. Coupons or “blanket” discount offers that can be applied only during checkout (eg: 20% off sitewide, save 10% with digital coupon), so long as any and all advertised prices prior to any item being placed in the end-customer’s cart are consistent with this MAP Policy;
     5. Advertising for Covered Products that are clearly designated as open box, refurbished, or used; or
     6. Advertising that includes an offer of a gift card when a Covered Product is purchased to be used for future discount on subsequent purchases from the Reseller; provided, however, that such Covered Media otherwise comply with this MAP Policy and are not designed or intended to circumvent the intent of this MAP Policy.

4. Enforcement and Consequences of Violation. SlumberPod will make all decisions concerning compliance with and enforcement of this MAP Policy unilaterally. SlumberPod actively monitors advertised prices via manual checks and automated tools. Violations will be documented, and enforcement actions will be applied uniformly across all Resellers. If a Reseller advertises prices below those required by this MAP Policy, sanctions will be unilaterally imposed by SlumberPod, including but not limited to one or more of the following actions:
   • Notify the Reseller of the non-compliant advertisement with a reminder of SlumberPod’s MAP Policy on Covered Products;
   • Zero out available inventory in the Reseller’s 846 inventory transmission or manually uploaded inventory availability reports;
   • Cancel any pending orders, and suspend the Reseller’s right to sell the SlumberPod Covered Product in question for a period of time depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from SlumberPod;
   • Cancel any pending orders, and suspend the Reseller’s right to sell the entire SlumberPod product portfolio for a period of time depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from SlumberPod; and
   • Terminate the Reseller Agreement or other relevant agreement between SlumberPod and the Resellers or other member of the distribution network who has violated this MAP Policy.
5. Applicability: This MAP Policy is a unilateral declaration of policy by SlumberPod and does not reflect or constitute an agreement between SlumberPod and any Reseller, any other authorized distributor, or any other person or entity, and by issuing this policy SlumberPod is not seeking any such agreement. Nothing in this MAP Policy is intended to set or limit the price(s) at which any Reseller resells their products (including any Covered Product). Each Reseller is free to set its own resale prices. Instead, this MAP Policy merely restricts the advertised prices listed in any Covered Media. This MAP Policy does not apply to any advertising outside the United States.
6. Unilateral Amendment. SlumberPod reserves the right to amend, terminate, or otherwise modify the Covered Products, the Minimum Advertised Price, promotional windows, or any other provision of this MAP Policy, at any time, in its sole discretion, without prior notice to Resellers. Changes to the MAP Policy will be posted at https://www.slumberpod.com/pages/map-policies and are effective upon the date such changes are first published. It is the responsibility of Resellers of Covered Products to monitor the designated SlumberPod website for updates to the MAP Policy.
7. No Authority. SlumberPod’s sales personnel and agents have no authority to modify or grant exceptions to this MAP Policy or have any communications with any Reseller regarding violations of this MAP Policy.
8. Questions Regarding the Policy. All questions regarding this MAP Policy shall be addressed to SlumberPod’s MAP Policy Administrator at retail@slumberpod.com (the “MAP Policy Administrator”). No SlumberPod representative or agent other than the MAP Policy Administrator is authorized to confirm compliance with this MAP Policy, discuss it or amend it. 

This MAP Policy was last updated November 4, 2024.

Appendix A: Covered Products and Minimum Advertised Price

Covered Products (by SKU)	Covered Products (by Product Name)	Minimum Advertised Price (MAP)
SLU-BLA-GRA	SlumberPod – Black/Grey	$179.99
SLU-BLA-GRA-C	SlumberPod Combo with Fan – Black/Grey	$199.99
ST-GRA-TEA	SlumberTot Inflatable Toddler Bed	$89.99

 

Appendix B: Allowed Promotional Windows (Q4 2024) 

Allowed Promotional Windows	Allowed Promotional MAP
October 8-9, 2024	Up to 20% Off of MAP
November 25-27, 2024	Up to 15% Off of MAP
November 28-30, 2024	Up to 20% Off of MAP
December 1 – 2, 2024	Up to 20% Off MAP