West Paw is a leader in the design, manufacture, and sale of products to increase the connection between pets and their owners. West Paw is committed to our customers and to safe and innovative dog and cat products. We strive to show our commitment through our excellent customer service and our ethical business practices with every partner, large or small. We believe our retailers also invest significant time and resources to do the same. To protect this customer experience and the strength of our brand for the long term, we must maintain the premium nature of our brand and support our retailers’ ability to remain economically successful. Advertising of West Paw® products in a manner benefitting our brand image is important to the success of our brand. As a result, West Paw has unilaterally established this Advertising Policy (“Policy”).
2. Policy Statement
West Paw recognizes that retailers are free to make their own decisions to advertise and sell any West Paw product at any price they choose, without consulting or advising West Paw. This Policy is designed to protect the interests of our retailers and to ensure that they have the incentive to invest resources into services for customers of West Paw products, provide them with the framework to support West Paw products, and maximize brand sales opportunities by maintaining and enhancing the West Paw brand image with consumers. West Paw, in its sole discretion, reserves the right to discontinue doing business with any retailer that advertises any product covered by this Policy in a manner inconsistent with this Policy, including advertising at a price lower than the Minimum Advertised Price (“MAP”). For the Canadian MAP pricing, please refer to the following link: www.westpaw.com/CanadianMasterList. For the avoidance of doubt, this Policy applies only to West Paw’s retailers; it does not apply to prices advertised by West Paw itself, on westpaw.com or elsewhere (including third-party affiliated networks).
a. The products covered by this Policy are located online on the “Advertising Policy Site” at www.westpaw.com/AdvertisingPolicy. West Paw may in its sole discretion modify this list from time to time. It is the retailer’s responsibility to review the Advertising Policy Site for any updated information relating to the Policy, MAP and products covered.
b. MAP pricing applies to advertised prices, not the prices at which the products subject to MAP (“MAP Products”) are actually sold or offered for sale in-store, online, over the telephone or otherwise.
c. This Policy is confidential, and it is inconsistent with this Policy for advertisements for MAP Products to include wording such as “minimum advertised price” or “MAP.”
4. Advertising Guidelines
a. This Policy applies to all advertisements of MAP Products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, ads in newspapers, magazines, catalogs, television, radio, and public signage, as well as electronic media including websites, social media sites, apps, email or any other electronic media.
b. In-store advertising (as opposed to the price tag displaying the actual price of the product), including all in-store circulars, banners, sandwich boards, window displays, easels, end cap displays, shelf talkers and the like, is considered advertising for purposes of this Policy.
c. All information regarding MAP Products on an Internet website is considered to be advertising for purposes of this Policy, other than pricing associated with an intent to purchase (as part of the shopping cart or order)that becomes the selling price. Internet advertising includes search engine advertising (including search optimization, whether natural or paid), banners, shopping engines and an Internet retailer’s home and product pages (including pop-up ads) that include information concerning West Paw products. All advertising is subject to this Policy, including on the Internet.
d. Examples of retailer practices that are inconsistent with this Policy include:
·failing to advertise West Paw products in the same manner as other premium products are advertised or displayed, or advertising West Paw products differently on the Internet than at the retailer’s brick and mortar store;
·using "Click Through" pricing—displaying a price for a MAP Product below its MAP price on any web screen the consumer sees before making a decision to purchase (e.g., any screen that precedes the shopping cart screen) or having any earlier screen indicate the price of a MAP Product is below its MAP price. This includes banner advertisements, broadcast emails and destination pages. The pre-cart indication of a promotion code to be added to the order to reduce the price of a MAP Product is inconsistent with this Policy if the promotion code is specifically associated with the West Paw brand or a MAP Product;
·using website features such as “click for price,” automated “bounce- back” pricing e-mails, pre-formatted e-mail responses, forms and automatic price display on any web screen the consumer sees before making a decision to purchase(e.g., any screen that precedes the shopping cart screen);
·using West Paw’s logo or photographs in a manner inconsistent with West Paw’s Terms & Conditions and retailer agreement;
·selling West Paw products to any entity other than a consumer end user (unless retailer has a distribution agreement) or selling under any name other than the corporate name or commonly established trade name of retailer(e.g., no resale under a new d/b/a or other fictitious name other than the name by which retailer is commonly known to consumers, including with respect to Internet sales);
·selling West Paw products on any third-party marketplace (Amazon, Walmart, eBay, etc.) unless expressly authorized by West Paw;
·authorizing or facilitating any third-party retailer to sell West Paw products on or through retailer’s website, including outsource fulfillment of any orders for West Paw products, in whole or in part;
·advertising an overall percentage discount or a coupon discount if the discount is specifically linked to West Paw or if the net below- MAP price on the West Paw product is calculated and shown, or including West Paw’s name on a coupon.
e. It is not inconsistent with this Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases, so long as the retailer does not include any advertised price for a MAP Product below its MAP and otherwise complies with this Policy.
f. This Policy also applies to any activity that West Paw determines, in its sole discretion, is designed or intended to circumvent the intent of this Policy, such as solicitations for “group purchases” and the like.
g. From time to time, West Paw will modify the MAPs for purposes of three annual promotions, in April, July and the late November/early December timeframe for purposes of a limited number of annual promotions at various times of the year. These promotions are part of West Paw’s overall marketing strategy, to underscore its sustainability commitment around Earth Day, to emphasize that its products are made in the United States around the 4th of July and to honor family and community during the fall holidays. The modified MAPs will apply solely for the promotional period. These promotional periods and modified MAPs can be found on the MAP list.
h. This Policy does not apply to discontinued products.
5. Policy Enforcement
a. West Paw’s Advertising Policy Administrator is solely responsible for determining whether a retailer is advertising West Paw products in a manner consistent with this Policy, as well as determining appropriate action for inconsistent advertising.
b. West Paw Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to this Policy, or otherwise discuss any retailer’s actual or alleged violation of this Policy.
c. West Paw will monitor the advertised prices of retailers, either directly or through the use of third-party agencies or tools.
d. West Paw does not solicit but will accept information from retailers regarding potential conduct by another retailer potentially inconsistent with this Policy. West Paw will not share with one retailer information about its business decisions related to another retailer.
e. Nothing in this Policy is to be construed as an agreement between West Paw and any retailer on the advertised or sale price of any West Paw product. The Policy is not a contract or agreement, nor is it an offer to form a contract or agreement. West Paw does not seek, nor will it solicit or accept, any retailer’s agreement with any aspect of the Policy. The Policy is a unilateral policy upon which West Paw is willing to market its products. West Paw does not intend to nor shall it coerce any retailer to comply with this Policy or otherwise raise prices for any West Paw product.
f. The Policy will be enforced by West Paw in its sole discretion and with or without notice. Retailers have no right to enforce the Policy. Advertising West Paw products in a manner inconsistent with this Policy may result in termination of the business relationship between West Paw and retailer, in whole or in part, or other unilateral action by West Paw.
g. All questions and comments related to this Policy should be directed to AdvertisingPolicy@westpaw.com.
West Paw will email all authorized retailers of changes to suggested MAP prices in advance of the effective date, but it is the retailer’s responsibility to review the Advertising Policy Site for changes.
This revised Policy shall be effective as of November 1, 2023. West Paw reserves the right to terminate or modify this Policy at any time.