MINIMUM ADVERTISED PRICE (MAP) Policy 2022

BMS Enterprises announces the adoption of this MAP policy to protect the value of the Stud 100^® brand and ensure a reasonable return for our authorized partnering distributors and retailers across Canada.

BMS Enterprises and our customers market Stud 100^® through various channels, this policy applies to all forms of advertising medias, including catalogues, flyers, print ads, and online channels. This policy is in place to protect Stud 100^® in the marketplace, to uphold the integrity and value of the brand and will act upon any known infractions to the MAP. This non-negotiable MAP policy is unable to be modified in any way, no matter the customer, unless otherwise stated as a broad sale or discount authorized by the manufacturer.

What is MAP?

The “MAP”, or minimum advertised price, is a price policy set in place which will apply to all distributors, retailers and other selling entities who are approved and authorized by BMS Enterprises to sell Stud 100^® in Canada.  The MAP is being put in place to keep the market fair between all STUD 100^® selling partners and protect the STUD 100^® brand.

 

Selling Partners are free to advertise prices at their discretion however it is a violation of this Policy to advertise Stud 100^®in any medium at a consumer advertised price lower than the MAP established by BMS Enterprises for Stud 100^®. The MAP policy only aims to protect the Stud 100^® trade name with minimum advertised prices and does not apply to the price at which products are actually sold. Selling Partners are free to sell at any price they choose. The MAP Policy does not establish maximum advertised pricing and resellers are free to sell in excess of minimum advertised pricing.

MAP Policy Pricing

Suggested Retail pricing can be found online at bmsenterprises.com and at the end of this policy.  

Any advertised price more than 7.5% below the BMS suggested retail price would be inconsistent with the MAP policy.  The MAP pricing may be updated as often as BMS determines, and these changes should be reflected on the selling partner’s website or in their stores within a reasonable, timely manner. Pricing is subject to change at the discretion of BMS.

When advertising a store-wide/website-wide sale, Stud 100^® advertised lower than MAP guidelines are a pricing violation. A storewide sale is allowed but must clearly state under any advertisements for it that Stud 100^® is excluded from said sale. The listing of Stud 100^® priced lower than MAP guidelines must be expressly approved by BMS. This means that a product may not be advertised as being on sale, on special or otherwise, which implies that the customer will receive the product for less than the MAP policy states.

MAP Violations & Consequences

The goal of the MAP Policy is to create a strict guideline that allows the product(s) to stay at a fair market value, which is best for both the customer and the retailer. This prevents buyer confusion and allows retailers to be confident that they are offering Stud 100^® at a fair price to their consumers. 

Each Authorized Seller must not advertise a MAP Product at a price below its MAP Price or in any other way that suggests a lower price. This MAP Policy applies to all advertising, regardless of the medium or media used, including without limitation flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, public signage, television, radio, retailer websites, display ads, Google Ads, and Internet search engines (including use of keywords) or similar electronic media.  

A MAP Policy violation includes, but is not limited to  

1. Statements or other indications that imply that a lower price may be found at the online checkout stage, such as “see price in cart”, “special price at check out,” “click for price,” “mouse over for price,” “move to cart for price,” or similar language. 
2. Use of keywords associated with discounting (e.g., “discount,” “cheap,” or “price”). 
3. Advertisements that suggest a discount on a MAP Product by showing its image or referring to it (e.g. image of a MAP Product titled “20% off all Male Sex Products”).  

The following shall NOT constitute a MAP Policy violation: 

1. Storewide/sitewide advertisement provided that the advertisement prominently and expressly excludes MAP Products by way of a statement on the advertisement or with a reference to the exclusions stated elsewhere at a place easily accessible to the consumer. The exclusion statement must have a font size of at least 50% of font size of the main promotional message (i.e. the message that defines the promoted products and the discount), be clearly legible and immediately adjacent to, or immediately follow, the main promotional message. Example for the exclusion statement: “Promotion excludes STUD 100^® male desensitizer spray.” 
2. Any in-store advertising that is displayed only in the brick-and-mortar store and not distributed to any customer.  
3. In-store displays, point-of-sale signs, hangtags or bar codes or similar marks on products or product packaging, which state the price.  
4. The actual sales price on any “check-out page” of any Authorized Representative’s website or related internet site (typically the page at which the end user finally purchases the product). This exception to the MAP Policy does not apply to any other page(s) on the Authorized Representative’s website. 

It is at the sole discretion of each Selling partner to decide their own advertised prices and whether to follow this policy. However, BMS unilaterally reserves the right to protect the Stud 100^® brand reputation and position in the market by implementing this MAP policy and taking the following actions towards that authorized sellers that advertise below the prices outlined by BMS.

First Violation: Direct product sales from the distributor to the authorized seller will be suspended for 30 days and they will not be supplied with Stud 100^® during this time. 

Second Violation: Direct product sales from the distributor to the authorized seller will be suspended for 60 days and they will not be supplied with Stud 100^® during this time.

Third Violation: Direct product sales from the distributor to the authorized seller will be terminated. BMS Enterprises reserves the right to accelerate or enhance any consequences as BMS Enterprises in its sole judgement determines appropriate.

The use of Stud 100^® trademarks or trade names in advertising is limited to authorized resellers in good standing with BMS Enterprises’ MAP Policy. While resellers are free to sell at whatever price they wish, the use of any Stud 100^® trademark, trade name, or Stud 100^® created/owned images in any advertisement that promotes Stud 100^® at a price more than 7.5% below the suggested retail price for such product, as listed in the then current Illustrated Price List, is in violation.

Resellers are free to choose whether to follow the guidelines outlined in this MAP Policy. Resellers acting inconsistently with the MAP Policy will no longer be in good standing, and any authorization to use, reprint, or reissue our trademark or trade name in any advertisement is automatically revoked. 

BMS Enterprises will, without assuming any liability, cancel all existing unfilled orders and indefinitely refuse to accept any new orders from any reseller immediately after verifying, in its sole judgment and to its sole satisfaction, that such reseller has deviated from this MAP Policy. 

This MAP Policy is effective as of May 15, 2022 and shall remain in effect until further written notice from BMS Enterprises. BMS Enterprises reserves the right at any time to modify, suspend, or discontinue the MAP Policy in whole or in part or designate promotional periods during which the terms of the MAP Policy change or designate periods of time during which the MAP Policy is not applicable. MAP Policy modifications shall be made available on the BMS Enterprises website at www.bmsenterprises.com .

Canada MAP Product MSRP Guidelines

 

CANADA
MAP PRODUCT	MSRP	MAP PRICE	Wholesale MAP
STUD 100 DELAY SPRAY FOR MEN	$39.99 CAD	$36.99 CAD	$18.20