MAP Agreements vs. Policies: What You Need to Know

Why the Confusion Exists

If you’ve ever Googled “MAP agreement template,” you’re not alone. A lot of brands (even well-established ones) assume MAP enforcement starts with a signed contract.

But here’s the truth: MAP agreements and MAP policies are not interchangeable.

That confusion can create legal exposure, weak enforcement, and in the worst case antitrust violations.

This post is about clarity.

We’re going to break down:

• What a MAP policy is (and how it works legally)
• When to use MAP agreements (and who should sign them)
• What not to say in your documentation
• How to protect your brand without crossing legal lines

What Is a MAP Policy By Definition?

A Minimum Advertised Price (MAP) policy is a unilateral statement issued by a brand or manufacturer. It says, “If you advertise our product below this price, we may take enforcement actions.”

That’s it. It’s not a contract. It’s not something your retailers sign. And legally, that distinction is important.

MAP policies are protected under the Colgate Doctrine, a U.S. antitrust principle that allows manufacturers to:

• Set pricing guidelines
• Choose who they do business with
• Refuse to sell to retailers who violate policy

But only if the brand is acting unilaterally not colluding with retailers or enforcing mutual pricing agreements.

That’s why a MAP policy should always be one-way communication. You don’t need a counter-signature. You don’t want one.

What Is a MAP Agreement?

A MAP agreement is a signed contract between a brand and a retailer. It might look like a good idea at first, especially if you want stronger commitments from authorized sellers.

But it’s risky.

If a reseller signs an agreement to follow specific pricing and you enforce that agreement by threatening penalties, reducing shipments, or terminating accounts…you may have just triggered vertical price fixing, which can violate antitrust laws.

Courts have ruled that brands can set prices for products they sell directly to retailers. But once you start policing downstream advertising with signed agreements, it creates a legal gray area.

In short: MAP agreements can get you into trouble.

Why MAP Policies Are Safer

MAP policies protect your control without crossing legal boundaries.

Here’s what a good policy does:

• Defines your MAP price for each SKU
• Lists the platforms it applies to (e.g., Amazon, Google Shopping, eBay)
• Explains how violations are detected and documented
• States potential consequences clearly and consistently

The key is that you’re not asking for permission or negotiating, you’re simply stating what you will do as a brand.

That gives you legal standing and flexibility to protect your price integrity, without exposing yourself to price-fixing accusations.

When to Use MAP Agreements

There are legitimate use cases for agreements…just not for price enforcement.

MAP agreements make sense when:

• You’re onboarding authorized sellers
• You want to confirm marketing or territory guidelines
• You’re defining sales channels and reseller behavior

You can include MAP-related expectations in broader reseller agreements but make sure your actual pricing enforcement lives inside your unilateral MAP policy, not the agreement.

Split the two.

One is contractual. One is policy-based.

That distinction protects you.

What to Avoid in Your MAP Language

Here’s where brands get tripped up.

Even if your MAP policy is meant to be unilateral, certain phrases can accidentally make it seem like an agreement.

Avoid:

• “We require all retailers to agree to these terms.”
• “By continuing to sell our products, you accept the MAP policy.”
• “All sellers must sign this policy document.”

These may sound harmless, but legally they imply mutual consent which undermines your Colgate protection.

Instead, use phrases like:

• “This policy is issued unilaterally by [Brand Name].”
• “Retailers are free to set their own prices, but we may decline to sell to those who violate our advertised pricing standards.”
• “This policy is not a contract and does not require acknowledgement.”

The wording matters. Sloppy language leads to sloppy enforcement.

How MAP Enforcement Actually Works

Let’s assume your MAP policy is clean, legal, and clearly communicated.

Here’s how enforcement plays out in the real world:

Monitor listings automatically
You can’t enforce what you don’t track. MAP monitoring tools like Trade Vitality scan major marketplaces daily to flag violations in real time

Log violations with proof
For each offense, capture screenshots, pricing data, seller info, and timestamps. Automation helps here, manually tracking this is brutal at scale.

Send violation notices
Start with a clear notice that includes product info, the violation, and a timeline to correct. Stay professional, consistent, and non-confrontational.

Escalate as needed
If the seller doesn’t comply, take actions outlined in your policy from suspension to delisting to dealer termination.

Document everything
Maintain a trail. This protects you if legal issues ever arise or a distributor challenges your enforcement actions.

MAP Policies and Unauthorized Sellers

MAP enforcement gets tricky with unauthorized sellers and people flipping products they bought elsewhere, usually through gray market channels.

They never signed anything. They’re not bound by dealer agreements. And they’re often harder to track down.

Here’s how to approach them:

• Log violations anyway. You still want a record.
• Issue a standard notice. It may not hold legal weight, but it signals your intent.
• Report them on platforms like Amazon or eBay, especially if they’re misusing your trademarks or images.
• Consider legal action for IP infringement if needed (with your attorney’s help).

MAP policies don’t stop unauthorized sellers cold, but they create a foundation for fighting back.

How to Build a Legal, Enforceable MAP Program

Here’s what a strong, enforceable MAP program looks like:

• A clear, public-facing MAP policy (not an agreement)
• Transparent, consistent enforcement steps
• Automation tools to detect and log violations
• Separation between contractual reseller onboarding and pricing enforcement
• A legal team that reviews your documents periodically
• Internal systems for handling violators across marketplaces

If you’re missing any of those…you might be vulnerable.

Final Thought: Policy Beats Permission

Don’t overcomplicate MAP enforcement.

You don’t need everyone’s signature. You don’t need complex agreements. You need clarity, consistency, and control and that starts with a well-written MAP policy.

Let your policy do the talking. Let your systems do the work. Let your brand stay protected.