Minimum Advertised Pricing {MAP} Policy

Minimum Advertised Pricing

Coton Colors Express, {“Coton Colors”} has determined that its interests, and the interest of its customers, are best served through the adoption of a Minimum Advertised Price {“MAP”} policy. The MAP policy shall apply to retailers, including brick and mortar and Internet retailers {collectively, “Resellers”}, located in the United States who resell Coton Colors products to end users. Coton Colors is adopting this policy to help preserve the standard for providing end users with high quality products and superior after-sales support and to further enhance the Coton Colors brand image and its competitiveness in the marketplace.

This MAP policy is designed to:
(1) protect Reseller margins so that desirable pre-sales and post-sales services and infrastructure can be provided; (2) support the Coton Colors brand as a premium offering; and (3) avoid destructive intra-brand channel conflict. Coton Colors greatly values the efforts of all Resellers to distribute Coton Colors products and support our customers. This MAP policy has been unilaterally adopted by Coton Colors for the benefit of all Resellers and will be uniformly enforced. MAP pricing can be found on the Coton Colors website at www.Coton-ColorsWholesale.com

Policy Coverage

This MAP policy covers all Coton Colors Resellers located in the United States. Although Resellers remain free to establish their own resale prices, Coton Colors will, without assuming any liability, unilaterally impose sanctions as described in this policy against Resellers who advertise applicable Coton Colors products at prices below those specified herein. Coton Colors will not discuss any conditions of acceptance related to this MAP policy, as it is non-negotiable, and will not be altered for any Reseller. Coton Colors neither solicits, nor will it accept, any assurance of compliance from a Reseller regarding this MAP policy. Nothing in this MAP policy or in any other contract or agreement with Coton Colors shall constitute an agreement between Coton Colors and Reseller that the Reseller will comply with this MAP policy.

MAP applies only to minimum advertised prices and does not apply to the price at which the products are actually sold, or to advertised prices higher than the unilateral minimum resale prices established by Coton Colors from time to time.

Minimum Advertised Price

Minimum Advertised Price {MAP} Policy establishes advertised price standards for specified Coton Colors products. Advertised pricing of covered products must comply with this Policy. The products and MAP may be changed from time to time at Coton Colors’ sole discretion. Coton Colors Resellers are responsible for remaining current with MAP policy and products. A list of Covered Products, MAP Policy prices and Suggested Retail Pricing {“SRP”} pricing will be communicated to Resellers on a periodic basis. Each Reseller is responsible for ensuring its advertising complies with this Policy. Pricing listed on an Internet site is considered an “advertised price” and must adhere to this MAP Policy. Once the pricing is associated with intent to purchase {added to shopping cart or order}, the price becomes the selling price and is not bound by this MAP Policy. Statements such as “add to basket to see price”, “we will match any price”, “call for price” or phrases of similar import are acceptable as long as the price advertised or listed for the products is not more than 5% below the MSRP. In addition, discounts applied at checkout to the entire order based on a customer’s purchasing history with the Reseller, such as discounts for “frequent shoppers”, do not violate this MAP Policy. Coton Colors products not specifically identified in this policy are not subject to the MAP policy. Each advertisement below the MAP will be a violation of the policy.

Covered Advertising

The MAP policy applies to all advertisements of specific Coton Colors products in and all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, e-mail solicitations, e-mail newsletters, Internet or similar electronic media, television, radio and public signage. Any advertising, product listings, solicitations, etc., that can be seen on or is transmitted over the Internet, is included in this unilateral policy.This MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer{s}.

Policy Violations

In the event a Reseller chooses not to follow the Coton Colors MAP policy, sanctions will be unilaterally imposed by Coton Colors. Violations of MAP policy shall be determined by Coton Colors in its sole discretion. Coton Colors will accept any communication from a Reseller who has violated this MAP policy regarding the violation or the willingness of the Reseller to bring its prices into compliance with the MAP policy before sanctions are imposed. Coton Colors reserves the right to refuse service to anyone who violates MAP policy and continuous violations can result in termination of account.

  1. 1st Reseller Infraction:  A written warning will be given to the Reseller
    a. The Reseller will have 72 hours to remedy the infraction before it is considered a second infraction.


  2. 2nd Reseller Infraction: A second written warning will be given to Reseller and Reseller “where to buy” links from the Coton Colors website will be suspended for 90 days.


  3. 3rd Reseller Infraction: The account for the Reseller will be closedIn addition to the above, failure to adhere to the MAP policy will be a factor taken into consideration in the determination of the acceptance of Reseller’s annual application for participation in the Coton Colors Partner program.

EACH COTON COLORS RESELLER IS FREE TO INDEPENDENTLY DECIDE WHETER OR NOT TO FOLLOW THIS MAP POLICY IN CONNECTION WITH ITS ADVERTISED PRICE. HOWEVER, ADVERTISING A PRICE, OR TAKING OTHER ACTION THAT IS CONTRARY TO THIS POLICY MAY RESULT IN THE ABOVE MENTIONED ACTIONS. IN ADDITION,THIS MAP POLICY DOES NOT APPLY TO A RESELLER’S ACTUAL SALES PRICES. EACH COTON COLORS RESELLER IS FREE TO INDEPENDENTLY SET ACTUAL RESALE PRICES AT WHATEVER LEVEL THE RESELLER CHOOSES.

Policy Modifications

Coton Colors 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 policy change or designate periods of time during which the policy is not applicable. In such an event, we reserve the right to modify or suspend this MAP Policy in whole or in part by notifying all Resellers of the duration and nature of the change. Coton Colors further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers.

Unilateral Action

Coton Colors is not seeking agreement from any Reseller to adhere to this MAP policy. It is entirely within the discretion of the Reseller whether to comply or not comply.

Contact Information

This MAP Policy is solely within Coton Colors discretion and authority acting through the duly authorized managers of Coton Colors. No employee or sales representative of Coton Colors has any authority to discuss, modify, or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative, or persons not specifically authorized to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid. No oral communications about this MAP Policy are authorized. All questions or comments regarding this MAP policy are to be directed to the policy administrator at AshleyTrafton@Coton-Colors.com or in writing and directed via U.S. Mail to:

Ashley Trafton
MAP Policy Administrator
2718 Centerville Rd
Tallahassee, FL 32308

The policy administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Resellers regarding the policy and receiving any communication regarding sanctions imposed under this policy. Any action taken by Coton Colors under this MAP Policy shall be without liability to Coton Colors.