The Minimum Advertised Price Policy is WHOOP's rule for US Resellers, not for customers
WHOOP says it has unilaterally established this Minimum Advertised Price Policy (MAP Policy) for certain WHOOP Products sold by Resellers in the United States. 'Resellers' means WHOOP's network of resellers, distributors, sales representatives or dealers. WHOOP says its purposes include protecting Resellers' investments in the customer experience and discouraging price-based advertising that would be detrimental to Resellers' service and support efforts.
Supporting quotations
WHOOP also recognizes that our success is tied to the success of our network of resellers, distributors, sales representatives or dealers (collectively, “Resellers”).
Therefore, WHOOP has unilaterally established this Minimum Advertised Price Policy (“MAP Policy”) for certain WHOOP Products sold by Resellers in the United States.
We want to protect our Resellers investments in delivering an extraordinary customer experience, while also discouraging price-based advertising that would be detrimental to our Resellers’ service and support efforts.
Qualifications & exceptions
The policy applies to certain WHOOP Products, as listed in Schedule A, sold by Resellers in the United States.
The policy is addressed to Resellers; it is not a term of a customer's purchase from WHOOP.
Not stated here
The policy does not say whether it applies outside the United States or to products not listed in Schedule A.
Charges & Financial Obligations · Restriction or exception
Resellers may not advertise below the Schedule A price, which WHOOP can change at its sole discretion
The Minimum Advertised Price for each WHOOP Product must be no less than the price set in Schedule A, and WHOOP may adjust it at such time and in such amounts as it determines in its sole discretion. The policy sets no maximum advertised price: Resellers may offer WHOOP Products at any price above the Minimum Advertised Price.
Supporting quotations
The Minimum Advertised Price for each WHOOP Product shall be no less than the minimum advertised price as set forth on Schedule A (the “Minimum Advertised Price”). This Minimum Advertised Price established by WHOOP may be adjusted by WHOOP at such time and in such amounts as it may determine at its sole discretion.
This MAP Policy does not establish maximum advertised prices. Resellers may offer WHOOP Products at any price in excess of the Minimum Advertised Price.
Qualifications & exceptions
This is a limit on advertised price, as the policy states; it does not set what a Reseller may charge above that price.
Charges & Financial Obligations · Restriction or exception
Resellers need WHOOP's written consent to list products on third-party sites such as Amazon or eBay
A Reseller must not list WHOOP Products on any third-party website, including Amazon, eBay and Overstock, without first obtaining written consent from WHOOP. A Reseller may sell WHOOP Products on its own website associated directly with its store or stores, as long as it follows the MAP Policy.
Supporting quotations
A Reseller shall not list WHOOP Products on any third-party website (including without limitation Amazon, eBay, Overstock, etc.), without first obtaining written consent from WHOOP. A Reseller may sell WHOOP Products on its own website associated directly with its store(s) so long as the Reseller adheres to this MAP Policy.
Qualifications & exceptions
The named sites are examples ('including without limitation').
Selling on a Reseller's own store-linked website is allowed only if the Reseller adheres to the MAP Policy.
Charges & Financial Obligations · Restriction or exception
The policy covers advertising in almost any medium, except in-store advertising shown only in the store
The MAP Policy applies to all advertisements of WHOOP Products in any and all media, including email newsletters and solicitations, internet or other electronic media, television, radio, public signage, posters, flyers, coupons, mailers, inserts, newspapers, magazines, catalogs and mail order catalogs. It does not apply to in-store advertising that is displayed only in the store and not distributed to customers.
Supporting quotations
This MAP Policy applies to all advertisements of WHOOP Products in any and all media, including without limitation email newsletters, email solicitations, internet or other electronic media, television, radio, public signage, posters, flyers, coupons, mailers, inserts, newspapers, magazines, catalogs, or mail order catalogs. This MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customers.
Qualifications & exceptions
The in-store exception covers only advertising displayed in the store and not distributed to any customers.
Charges & Financial Obligations · Restriction or exception
No strike-through prices, and no free or discounted add-ons that effectively cut the advertised price below the minimum
If pricing is displayed anywhere other than a brick-and-mortar retail store, any strike-through or other alteration of the Minimum Advertised Price is prohibited. Including free or discounted products in advertising with a covered WHOOP Product is contrary to the policy if it has the effect of discounting the advertised price of the covered product below the Minimum Advertised Price. A Reseller may still advertise in general that it has 'the lowest prices' or will 'match or beat a competitors' price' or similar phrases, as long as the price advertised or listed is not below the Minimum Advertised Price and the Reseller otherwise complies.
Supporting quotations
If pricing is displayed anywhere other than a brick-and-mortar-retail store, any strike-through or other alteration of the Minimum Advertised Price is prohibited.
Including free or discounted products in advertising with any WHOOP Product covered by this MAP Policy is contrary to this MAP Policy if it has the effect of discounting the advertised price of the covered WHOOP Product below the Minimum Advertised Price.
The MAP policy does not limit a Reseller’s ability to advertise in general that they have “the lowest prices” or will “match or beat a competitors’ price” or phrases of similar meaning as long as the price advertised or listed for the WHOOP Product is not less than the Minimum Advertised Price and the Reseller otherwise complies with this MAP Policy.
Qualifications & exceptions
The strike-through prohibition applies when pricing is shown anywhere other than a brick-and-mortar retail store.
The free-or-discounted-product rule depends on the effect of lowering the advertised price of the covered product below the minimum.
General 'lowest price' or price-match phrases are allowed only while the advertised or listed price stays at or above the minimum.
Charges & Financial Obligations · Permission or license
WHOOP can run a temporary sale, and the minimum then equals the sale price for that period
WHOOP keeps the right, at its sole discretion, to run a temporary sale on any WHOOP Product. During such a sale, the Minimum Advertised Price for that product is the same as the temporary sale price for the applicable time period.
Supporting quotations
WHOOP maintains the right to run a temporary sale on any WHOOP Product at its sole discretion. In the case of any such sale, the Minimum Advertised Price for the applicable WHOOP Product will be the same as the temporary sale price for the applicable time period.
Qualifications & exceptions
The price change is limited to the applicable time period of the sale.
Not stated here
The policy does not say how Resellers are told of a temporary sale.
Charges & Financial Obligations · Company practice
WHOOP may monitor advertised prices, and a violation at one store or site counts against the whole Reseller
WHOOP may monitor Resellers' advertised prices, either directly or through third-party agencies or tools. If a Reseller with multiple store locations violates the policy at any single store location or on any associated website, WHOOP will consider it a violation by the Reseller.
Supporting quotations
WHOOP may monitor the advertised prices of Resellers, either directly or via the use of third party agencies or tools.
If a Reseller with multiple store locations violates this MAP Policy at any single store location, or on any associated website, then WHOOP will consider this to be a violation of this MAP Policy by the Reseller.
Qualifications & exceptions
Monitoring is described as something WHOOP 'may' do.
Charges & Financial Obligations · Context
Schedule A sets minimum advertised prices for the 12-month subscription, two bands and the battery pack
Schedule A lists these Minimum Advertised Prices: $239.00 for the 12-month upfront subscription (which includes the WHOOP 4.0, device, battery and strap); $49.00 for the SuperKnit Band; $99.00 for the SuperKnit Luxe Band; and $49.00 for the Battery Pack 4.0.
Supporting quotations
SCHEDULE A TO MAP POLICY
12-month upfront subscription (includes WHOOP 4.0, device, battery, and strap). Minimum Advertised Price is $239.00.
SuperKnit Band. Minimum Advertised Price is $49.00
SuperKnit Luxe Band. Minimum Advertised Price is $99.00
Battery Pack 4.0. Minimum Advertised Price $49.00
Qualifications & exceptions
WHOOP may adjust these prices at its sole discretion, and a temporary sale resets the minimum to the sale price for that period.