Krinkle Map Policy
U.S. Minimum Advertised Price Policy
Krinkle® by Penbrooke® brand (“KPB”), owned by SWIM USA, has developed a global reputation for authentic, high-quality products. Advertising that properly maintains the brand’s premium image will only further enhance the demand for KPB products. To protect and further the KPB reputation, and to help ensure that top retail Resellers are further incentivized to carry KPB products, SWIM USA has adopted this U.S. Minimum Advertised Price Policy (“MAP Policy”) equal to that of the current season ticketed MSRP less 20%, which will be communicated as a specific dollar figure by style.
SWIM USA’s goal in establishing this policy is to avoid degradation of, or damage to, the goodwill in the KPB brand under which these products are sold. KPB intends to sell these products only to retailers that do not advertise products below the prices set forth in this MAP Policy. SWIM USA reserves all rights to enforce this MAP Policy up to and including termination of a Reseller that advertises any products below the prices set forth in this MAP Policy. This MAP Policy only applies to the advertised prices of products, and not the prices at which products are actually sold. The Reseller is free to resell KPB product at any price of its choice.
Effective 1/1/2023, this MAP Policy will apply to all Resellers who carry KPB swimwear.
- Reseller: For the purposes of this MAP Policy, a “Reseller” means any person or entity that sells KPB products, including retailers, e-tailers, and third-party distributors.
- Advertising: For the purposes of this MAP Policy, “Advertising” means all advertisements of covered products in any printed media including, but not limited to: fliers, posters, coupons, mailers, inserts, newspapers, magazines, mail order catalogs and public signage. Advertising also includes electronic communication tools including. but not limited to: MMS, SMS, What’s App, Instagram, Meta, Tik Tok, email, website banners, television, radio, search advertising, retargeting ads, and the like.
- MAP Covered Products: For the purposes of this MAP Policy, “MAP Covered Products” means products intended for sale during the current season and perennial carryover products defined to the color level identified by SWIM USA and available for download: https://www.dropbox.com/s/l7e27uxvfbe99sp/9.1.22_Penbrooke%20Krinkle%20MAP%20for%202023.pdf?dl=0
This list may be updated at SWIM USA’s sole discretion and without any prior notice. It is the sole responsibility of each Reseller to monitor the KPB list of MAP Covered Products for updates on styles, colors and MSRPs.
- Products NOT covered by this MAP Policy: Swimwear is a trend-based seasonal business, as such the styles which are included in this MAP Policy will change over time. If a product listing is removed from the list of MAP Covered Products, that product may be discounted at the discretion of the Reseller. Products covered under the MAP Policy will be identified at the color level. Any product style/color NOT identified in the list of MAP Covered Products is permitted for advertised discounting.
- Covered Advertisements: This MAP Policy applies to all forms of advertising that may have a direct or indirect effect of discounting the advertised price of a MAP Covered Product. The advertised price for any MAP Covered Product must be at or above the prices set forth in this MAP Policy.
- Fixed pricing that follows this MAP Policy must be used when advertising rebates, gift cards, free gifts, or bundling or other free or discounted products (regardless of whether the other products are KPB products) in relation to a covered product.
- Fixed pricing that follows this MAP Policy must be used when listing on auction marketplaces including, but not limited to: Amazon, eBay, Walmart, etc. Auction pricing is not allowed and will be considered a violation of this MAP Policy. For all MAP Covered Products, a price complaint with this MAP Policy must be displayed pre-checkout. Advertising that offers a free gift with the purchase of a MAP Covered Product shall be deemed a violation of this MAP Policy.
- This MAP Policy also applies to customer loyalty programs and/or incentives. For example, if a Reseller has a loyalty program under which a customer receives a twenty percent (20%) discount on products, the Reseller must either exclude KPB from this loyalty program or KPB must be sold at a price sufficiently high that this MAP Policy is not violated by the discount. For example, if the MAP Policy lists a minimum advertised price for a product at $80, and the Reseller is giving a 20% loyalty discount, the Reseller must advertise the KPB product at $100 or more, such that the 20% discount is still above the $80 MAP Policy listed price.
- Advertising Statements: No Reseller may make any statements or other indication on its website or otherwise in connection with any MAP Covered Product that indicates or implies that a lower price may be found, including, for example, the following:
- “Click here for lower price”
- “See price in cart”
- “Log-in for price”
- “Add to cart for lower price”
- “Mouse over for price”
- “Email or call for a lower or better price”
- Exceptions:
- This MAP Policy does not establish maximum advertised prices.
- This MAP Policy does not apply to any in-store advertising that is displayed only in the store and not distributed to any customer. In-store displays, point-of-sale signs, hangtags or bar codes or similar marks on Covered Products or packaging that merely state the price are not considered Advertising.
- Enforcement: SWIM USA is free to determine the best way to market its products, and to select the Resellers to whom it sells its products. SWIM USA will administer this MAP Policy in its own discretion. SWIM USA need not provide prior notice or warnings before taking any action under this MAP Policy. SWIM USA may determine, among other things, to partially or fully restrict replenishment orders to any Reseller violating this MAP Policy. If a Reseller with multiple store locations violates this MAP Policy at any particular store location, then SWIM USA will consider this to be a violation by all of Reseller’s locations.
- Waiver: If SWIM USA fails at any given time to enforce this MAP Policy, in whole or in part, that failure does not prevent SWIM USA from later enforcing all or part of this MAP Policy. If SWIM USA expressly waives any violation of a provision of this MAP Policy, that waiver shall not be construed as a waiver of any other provision or a later breach of the same
| 2023 KRINKLE by PENBROOKE USA PRICING | |||
| STYLE # | DESCRIPTION | USA MSRP | Minimum allowed advertised price (MAP) |
| 70005 | Cross Back Mio | $84.00 | $67.20 |
| 70005D | D-CUP Cross Back Mio | $86.00 | $68.80 |
| 70005X | PLUS Cross Back Mio | $89.00 | $71.20 |
| 70006 | Active Back Mio | $84.00 | $67.20 |
| 70006X | PLUS Active Back Mio | $89.00 | $71.20 |
| 70010 | Cross Over Bodice Mio | $86.00 | $68.80 |
| 70010X | PLUS Cross Over Bodice Mio | $92.00 | $73.60 |
| 70013 | High Neck Mio | $84.00 | $67.20 |
| 70013M | Mastectomy High Neck Mio | $86.00 | $68.80 |
| 70028 | Mock Surplice Mio | $86.00 | $68.80 |
| 70028M | PLUS Mock Surplice Mio | $92.00 | $73.60 |
| 70039M | Mastectomy Empire Mio | $88.00 | $70.40 |
| 70080 | Scoop Neck Sheath | $86.00 | $68.80 |
| 70080M | Mastectomy Scoop Neck Sheath | $86.00 | $68.80 |
| 70080X | PLUS Scoop Neck Sheath | $92.00 | $73.60 |
| 48705S | Cross Back Mio | $84.00 | $67.20 |
| 48705SX | PLUS Cross Back Mio | $89.00 | $71.20 |
| 53006S | Active Back Mio | $84.00 | $67.20 |
| 70010S | Cross Over Mio | $86.00 | $68.80 |
| 70010SL | LONG TORSO CROSS OVER MIO | $86.00 | $68.80 |
| 70010SX | PLUS Cross Over Mio | $92.00 | $73.60 |
| 80012S | COLORBLOCK CROSSOVER MIO | $86.00 | $68.80 |
| 80012SL | LONG TORSO COLORBLOCK CROSSOVER MIO | $86.00 | $68.80 |
| 80012SX | PLUS COLORBLOCK CROSSOVER MIO | $92.00 | $73.60 |
| 80012SXL | PLUS LONG TORSO COLORBLOCK CROSSOVER MIO | $92.00 | $73.60 |
| 48713S | High Neck Mio | $84.00 | $67.20 |
| 48713SX | Plus High Neck Mio | $92.00 | $73.60 |
| 48727S | 2pc Tankini | $86.00 | $68.80 |
| 48727SX | PLUS 2pc Tankini | $92.00 | $73.60 |
| 48728S | Surplice Mio | $86.00 | $68.80 |
| 48728SX | PLUS Surplice Mio | $92.00 | $73.60 |
| 70039S | SHIRRED FRONT MIO | $84.00 | $67.20 |
| 70039SL | LONG TORSO SHIRRED FRONT MIO | $86.00 | $68.80 |
| 70039SX | PLUS SHIRRED FRONT MIO | $89.00 | $71.20 |
| 53087S | DIAGONAL SHEATH | $86.00 | $68.80 |
| 53087SX | PLUS DIAGONAL SHEATH | $92.00 | $73.60 |
| 5532897S | X BACK MIO | $86.00 | $68.80 |
| 5532896S | SPORT COLOR BLOCK | $86.00 | $68.80 |
