Minimum Advertised Price (MAP) Policy
Nani Swimwear Inc. (“Nani”) values its retail partners and appreciates their efforts in representing Nani products with excellence and integrity. This Minimum Advertised Price (“MAP”) Policy is established to protect reseller margins, enable partners to provide high-quality customer service and brand representation, and preserve the strength, premium positioning, and competitiveness of the Nani brand in the marketplace. This MAP Policy is adopted unilaterally by Nani and applies to all authorized resellers of Nani products.
1. Manufacturer’s Suggested Retail Price (MSRP)
Nani will provide resellers with Manufacturer’s Suggested Retail Prices (“MSRP”) for all products. Resellers are responsible for remaining informed of current MSRPs and this MAP Policy. Nani reserves the right, at its sole discretion, to modify MSRPs at any time. All Nani products are assigned a MAP retail price. Advertising a price below the established MAP price for any MAP product constitutes a violation of this Policy.
2. Promotional Exceptions & Seasonal Adjustments
Nani may modify, suspend, or authorize deviations from MAP pricing under the following circumstances:
A. Case-by-Case Promotional Approval — Resellers may request approval for special promotional discounts by contacting wholesale@nani.com. Requests will be reviewed on a case-by-case basis and may include anniversary celebrations, friends & family sales, or other promotional events, limited to one event per year and a maximum duration of one week. Approval must be granted in writing prior to advertising below MAP.
B. In-Season Holiday Promotions — During regular selling seasons, approved holiday promotions may not exceed 25% off and may run for a maximum of one week during the following holidays: Memorial Day, Independence Day, Labor Day, and Black Friday / Cyber Monday.
C. End-of-Season Adjustments — July 15: marks the end of Spring/Summer season; a maximum discount of 25% off is permitted. August 15: no discount cap applies for the purpose of clearing seasonal inventory. February 15: marks the end of Fall/Winter season; a maximum discount of 25% off is permitted. March 1: no discount cap applies for the purpose of clearing seasonal inventory.
D. Discontinued or Closeout Inventory — Discontinued or approved closeout inventory is not subject to MAP pricing once the designated timeline has expired.
3. Scope of Advertising
This MAP Policy applies to all forms of advertising of MAP products, including but not limited to: print materials (flyers, posters, mailers, inserts, newspapers, magazines, catalogs); broadcast media (television, radio); public signage; and digital platforms (websites, social media, email, apps, online marketplaces, and other electronic media). To remain compliant, all advertised prices must be at or above the established MAP price.
4. Sales Restrictions
Authorized resellers may sell Nani products only to end users. Resellers are prohibited from selling Nani products to other resellers, selling Nani products on third-party marketplace websites (including but not limited to Amazon), and distributing Nani products through unauthorized channels.
5. Monitoring & Enforcement
Nani monitors advertising and website listings for compliance with this MAP Policy. If a reseller is found to be in violation, the following enforcement measures will apply: First Violation — written notice of the violation and a formal warning requiring the retailer to correct the issue within one (1) week. Second Violation — suspension of shipments of Nani products for a period of one (1) year. Nani reserves the sole right to determine violations and enforce this Policy at its discretion, including the right to terminate the business relationship with the retail partner.
6. Unilateral Policy Statement
This MAP Policy is not a contract and does not require reseller agreement or consent. It is a unilateral policy adopted by Nani governing the terms under which it is willing to do business. Nani will not discuss pricing or the pricing practices of other resellers. No Nani sales representative or sales agent has the authority to modify, interpret, or grant exceptions to this Policy. All questions regarding this Policy must be directed to wholesale@nani.com. The Policy Administrator is solely responsible for determining whether a violation has occurred, communicating enforcement decisions, and receiving communications regarding sanctions.
Wholesale Order Cancellation Policy
This Order Cancellation Policy (“Policy”) is entered into between Nani Swimwear Inc. (“Vendor”) and the undersigned retailer or purchaser (“Retailer”) and forms a binding part of any and all purchase order transactions between the parties.
Retailer agrees that any request to cancel a purchase order must be submitted in writing to Vendor no less than thirty (30) days prior to the scheduled shipment date. Requests received with fewer than thirty (30) days’ notice may not be accepted.
Retailer acknowledges and agrees that orders for exclusive, customized, made-to-order, or private label products may not be canceled beyond a maximum of four percent (4%) of the total annual order value for such products. Cancellations for non-exclusive products may not exceed ten percent (10%) of the total annual order value. Vendor reserves the right to reject any cancellation request that exceeds these limits, regardless of the timing or circumstances.
Cancellations will only be considered for orders that have not yet shipped. Orders that have been shipped may not be canceled or returned without the prior written consent of Vendor. All cancellations must be approved in writing by an authorized representative of Vendor. No verbal or informal communications will be considered binding.
