Advertised Price Policy

 

 

Mizuno USA, Inc. (“Mizuno”) constantly strives to supply dedicated athletes with the newest technological breakthroughs from our workshops and testing facilities. These new product innovations reflect the large investments Mizuno has made in research and development, as well as in marketing, promoting, advertising and customer support in order to translate these innovations into a superior experience for the consumer. Similarly, our existing products reflect both past premium quality investment efforts and an ongoing commitment to providing the highest quality premium products. Mizuno recognizes and seeks to promote the goodwill and premium-brand image associated with all of its products (“Products”).

Mizuno believes that its objectives require sellers of its goods to provide superior service, to provide highest quality consumer support at all levels, to maintain proper inventory levels, and to promote the Mizuno premium brand image, and focus on product performance, features and benefits. We likewise believe that Mizuno’s image and the investment that Mizuno and its direct customers make in the introduction and marketing of new and existing products are undermined by entities that engage in unfair or deceptive advertising practices. We condemn such advertising practices. Further, advertising at sub-premium prices may improperly imply sub-premium products and service.

Mizuno has unilaterally established this advertised price policy (“Policy”) to protect and preserve the value, goodwill, premium image, reputation and competitive standing of the Mizuno brand and to ensure that Mizuno Products are displayed in a high quality manner that enhances their market performance.

1.      Definitions

a.       “NPIAP” (New Product Introductory Advertised Price) is the lowest introductory price at which Reseller retailer may advertise new Products.

b.       “MAP” (Minimum Advertised Price) is the lowest price at which Reseller may advertise Products.

c.       “Reseller” means an entity or person authorized by Mizuno to sell Mizuno Products.

d.       “New” or “new” means all Mizuno Products that have not been worn, played with or hit.

e.       “Used” or “used” refers to Products that have been worn, played with or hit, including Products hit with protective measures (e.g., tape).

 

2.      General

a.       Reseller must properly represent and promote the quality image and superior goodwill associated with Mizuno Products. Reseller must not advertise used Products as new Products, and must not advertise new Products as used Products.

b.       Reseller must not sell or market Mizuno Products in any way that disparages or injures Mizuno or its Products.

c.       Reseller must not engage in unfair or deceptive advertising practices or in any form of advertising or advertising practices that violate any federal, state or local laws or ordinances, including without limitation “bait and switch.”

d.       Reseller must advertise Mizuno Products only to public end users (i.e., consumers).

 

3.       Product Advertising and New Product Pricing Charged to Consumers

a.     This Policy applies to all advertisements of Mizuno Products listed on the attached advertised price list (“List”) in any and all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, Internet sites, social media sites, apps, or any other electronic media, including without limitation a “click for price” notice, automated or pre-formatted emails (including bounce back pricing emails), and any other communication or device designed to evade or circumvent this Policy.

b.   For the time periods shown on the List, Reseller must not advertise new Mizuno Products on the List below the MAP set forth on the List, or advertise the new introductory Products below the NPIAP shown on the List, including any “dollar off,” “percentage off,” “rebate” or similar sales language which reflects or suggests a price below the listed MAP or NPIAP.

c.       Reseller must clearly identify the full model name being advertised (e.g., WAVE RIDER® 23).

d.     Pursuant to this Policy, prices online do not include a price that is displayed in an online “shopping cart” as a final stage of an online purchase, so long as the end user enters the final stage on his/her own without any reference on the website that a lower price will be found at the final purchasing stage. For example, an online shopper may view on-screen a Mizuno product, may select specifications for that product (such as width, color, gender, size, etc.), may add that product to shopper’s shopping cart, and may click to check out. Any price displayed at that point in the purchase process, even before credit card information and shipping address are entered, is not governed by this Policy. By contrast, any “click for price,” “mouse over for price,” “see price in cart” or “add to cart for price” button or any other method on a website intended to solicit potential customers to put the product in a cart that ultimately displays a price lower than the MAP or NPIAP violates this Policy. This Policy applies to a price that appears in a hover cart (pop-up view of shopping cart that appears on the shopping page) before an online consumer arrives at the final shopping cart to complete a purchase.

e.     For Golf Resellers, offers for a “free club fitting,” a “free lesson(s),” a “free round of golf,” or a “trade in bonus” (permitting a percentage, but not actual dollars), with a maximum exposure of 30 days per calendar year, will not be considered a violation to the Policy.

f.    If a discount, coupon, third-party website coupon, club member discount, account membership discount, gift with purchase, or any reduction in the price of the product of any kind is advertised in conjunction with New Products (“Reductions”), such Reductions will be considered a reduction to the price shown in the advertisement. Multiple Reductions may not be “stacked” if that would result in a price below the MAP or NPIAP. Offers for free shipping are not included in the calculation of MAP or NPIAP.

g.      If Reseller advertises or offers a store-wide sale with a blanket percentage or dollar amount off all store merchandise that results in an advertised price lower than the MAP or NPIAP for new Products, it will be considered a policy violation.

h.      Reseller must not sell new Products on the List by auction, or by advertising “best offer” (or a variation) pricing.

 

4.      Exceptions to NPIAP (For Golf Resellers Only).

The NPIAP will not apply to what are commonly referred to as Mill River Plans for golf goods.

 

5.      Policy Not Applicable to Sales Prices

Each Reseller may sell Products at whatever price or prices such Reseller chooses. This Policy does not govern those sales prices. Rather, this Policy only governs prices that may be advertised.

 

6.      Modifications to Policy

Mizuno may change the List in its sole discretion from time to time upon notice to Reseller, including without limitation for national or regional promotions.

 

7.      Penalties and Termination

Mizuno may take the following actions for violations of this Policy:

First Violation:              Mizuno may require takedown or correction within 24 hours of notification.

Second Violation:         Mizuno may suspend all shipments, purchase orders and sales to the account 30 days.

Third Violation:             Mizuno may suspend all shipments, purchase orders and sales to the account for 90 days.

Fourth Violation:          Mizuno may terminate the account for all Products.

 

8.      Unilateral Policy

This Policy is a unilateral statement by Mizuno. It does not constitute an offer subject to acceptance and it forms no part of any contractual relationship. This Policy does not constitute a contract, an offer to form a contract or any part of any mutual understanding. Rather, this Policy describes the terms under which Mizuno chooses, in its sole business judgment and discretion, to market and promote its Products. Mizuno does not seek, and will not accept, any acceptance, offer or agreement to comply with the Policy.

 

9.      Sole Contact

Except for the person designated to monitor the email address identified below, Mizuno personnel will not have any contact, written or oral, with Resellers about this Policy and will neither seek nor receive any offer or statement of willingness by any Resellers to comply with this Policy. Any communications about this Policy should be sent only to MPI@mizunousa.com

 

10.   Accounts

Mizuno does not discuss and will not discuss any retail account or seller with any other account or seller. Mizuno, in its sole discretion, may investigate inquiries, concerns and questions received, but typically does not send a response concerning such concerns or questions.

 

11.   Modifications

Mizuno reserves the right to change or discontinue this Policy at any time, and no Reseller has any expectation or right to rely on the continued existence of the Policy or Mizuno’s enforcement of the Policy.

 

12.   Superseded Versions

 

This policy supersedes all previous versions of the Mizuno USA, Inc., advertising policies, including without limitation the advertising policies in the following: “Mizuno Running Division – Advertising Policy,” “Mizuno Diamond Division – Advertising Policy,” and “Mizuno Golf Division New Product Introduction, Advertising and Internet Policy.”