I. MAP Policy Statement
Fun In Motion Toys recognizes that its success is tied to the success of our network of select authorized distributors and resellers. We also know that many of our resellers invest significant time and resources in marketing their businesses, providing exemplary customer service and product support. We wish to protect the ability of our authorized distributors and resellers to do so, while at the same time discouraging price-based advertising that would be detrimental to our authorized distributors’ and resellers’ service and support efforts. Furthermore, in policing our intellectual property rights and to ensure consumers of Fun In Motion Toys branded products receive the high quality, innovative and safe products they have come to expect, we have implemented additional measures to identify unauthorized distributors and resellers, including those unlawfully offering counterfeit and infringing products. It is Fun In Motion Toys’ intention to benefit both its network of authorized distributors and resellers, and consumers. Accordingly, Fun In Motion Toys has unilaterally established a Minimum Advertised Price Policy (“MAP Policy”) applicable to all authorized distributors and resellers of Fun In Motion Toys products.
Fun In Motion Toys, in its sole discretion, reserves the right to discontinue its business relationship with any reseller that advertises any product(s) covered by the MAP policy, without prior written authorization, at a price below the relevant MAP.
II. MAP Policy General Guidelines
1. The products covered by this MAP Policy include all products found on the most current version of the Fun In Motion Toys Price List (“MAP Products”). In Motion Toys may in its sole discretion modify this list from time to time.
2. Fun In Motion Toys recognizes that resellers are free to make their own decisions to advertise and sell any Fun In Motion Toys product(s) at any price they choose, without consulting or advising Fun In Motion Toys. Similarly, Fun In Motion Toys will exercise its right to make its own decisions regarding its selection of Fun In Motion Toys Authorized Distributors and Resellers, the provision of supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs, including its store locator service.
3. The MAP Policy applies to advertised prices, not the price at which MAP products are actually sold or offered for sale to an individual in-store or over the telephone.
4. Fun In Motion Toys believes in maintaining a fair marketplace for all its Authorized Distributors and Resellers as well as consumers.
III. MAP Policy Advertising Guidelines
1. The MAP Policy applies to all advertisements of MAP Products in any and all media,
including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines,
catalogs, television, radio, and public signage, as well as Internet sites, social media sites,
apps, or any other electronic or digital media.
2. The MAP Policy does not apply to solely on-premise or in-store advertising that is not
distributed to consumers.
3.Website features such as “click for price,” automated “bounce-back” pricing e-mails, pre-
formatted e-mail responses, forms, automatic price display for any items prior to being placed
in a customer’s shopping cart and/or other similar features which constitute advertising, are
considered to be advertising communications initiated by a distributor or reseller (not a
customer) and shall thereby constitute “advertising” under this MAP Policy.
4. It shall not be a violation of this MAP Policy to advertise that a customer may “call for price”
or “email for price,” or to use similar language, specifically with respect to Fun In Motion
Toys products, so long as no price in violation of the MAP is advertised.
5. This MAP Policy also applies to any activity which Fun In Motion Toys determines, in its
sole discretion, is designed or intended to circumvent the intent of this MAP Policy.
6.It shall not be a violation of this MAP 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 reseller does not include any advertised price below the MAP for the relevant MAP
Product(s) and otherwise complies with this MAP Policy.
7.From time to time, Fun In Motion Toys may permit resellers to advertise MAP Products at
prices lower than the MAP (e.g., for discontinued products). In such events, Fun In Motion
Toys reserves the right to modify or suspend the MAP with respect to the affected MAP
Product(s) for a specified period of time by providing advance notice to all Authorized
Distributors and Resellers of any such changes.
IV. MAP Products
1. The MAP Products covered by the policy include all products found on the most current
version of the Fun In Motion Toys Price List.
V. MAP Policy Enforcement
1. If an Authorized Distributor or Reseller with multiple store locations violates this MAP
Policy at any one store location, or on any associated website, then Fun In Motion Toys will
consider this to be a violation by that Authorized Distributor or Reseller.
2. Fun In Motion Toys reserves the right to cancel any pending orders, restrict future orders, or
suspend an Authorized Distributor’s or Reseller’s account or terms if Fun In Motion Toys
reasonably believes an Authorized Distributor or Reseller:
• i. has violated the provisions of this MAP Policy; or
• ii. intends to violate this policy.
3. Fun In Motion Toys' MAP Policy administrator is solely responsible for determining whether
a violation of the MAP Policy has occurred, as well as determining appropriate actions
pursuant to this MAP Policy.
4. Waivers to this MAP Policy may be granted in Fun In Motion Toys' sole discretion by the
MAP Policy administrator in writing, upon written request. Fun In Motion Toys sales,
marketing, or other personnel are not authorized to modify or grant exceptions to the MAP
Policy. Please address all written waiver requests to the Fun In Motion Toys’ MAP Policy
administrator indicating “MAP Policy Waiver Request” in the subject line and e-mail to
info@funinmotiontoys.com. Please include a contact name, phone number and account name
with any requests. In the event that the MAP Policy administrator authorizes a waiver to the
MAP Policy, for good cause shown, the relevant Authorized Distributor or Reseller must
thereafter strictly adhere to the terms of the waiver letter. Deviation from the terms of an
approved waiver letter is a violation of the MAP Policy which will not be waived under any
circumstance.
5. Fun In Motion Toys reviews the advertised prices of Authorized Resellers, either directly or
via the use of third-party agencies or tools. Authorized Resellers are expected to provide
reasonable cooperation in any Fun In Motion Toys investigations regarding possible MAP
Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a
Fun In Motion Toys MAP Policy investigation is a violation of this MAP Policy.
6. This unilateral MAP Policy is not an agreement. This MAP Policy will be enforced by Fun
In Motion Toys in its sole discretion and without notice. Authorized Distributors and
Resellers have no right to enforce the MAP Policy. Violations of this MAP Policy may result
in any of the aforementioned sanctions up to and including termination of our business
relationship, as well as any available remedies at equity or law. All questions related to this
MAP Policy should be directed in email to info@funinmotiontoys.com.
* For additional information concerning this MAP Policy, please see our FAQs or contact our
staff at info@funinmotiontoys.com.
* To receive the most current version of the Fun In Motion Toys Price List, please contact
sales@FunInMotionToys.com.
