Minimum Advertised Price (MAP) Policy
EcoGear FX, Inc. (“Manufacturer”) is hereby adopting the following Minimum Advertised Price Policy (the “MAP Policy”) as a unilateral measure designed to protect the long term strength and integrity of its brands, its retailers’ investment in Manufacturer’s products (“Products”), and to ensure uniform policy enforcement, ultimately helping retailers engage in advertising that best conveys to customers the value of Manufacturer’s Products.
The MAP Policy applies to all retailers, resellers, drop shippers and distributors of Manufacturer’s Products (“Retailers”) to maintain an advertised pricing structure. The MAP Policy applies to advertised prices, not the prices at which Products are actually sold. This is not a price agreement and each Retailer is free to set its actual resale price for any Product independently. The MAP Policy takes effect on and Retailers must be in compliance no later than January 1st, 2023.
The MAP policy shall work under the following guidelines:
MAP: MSRP less 25%
The Minimum Advertised Price for any product shall be no less than the current Manufacturer’s Suggested Retail Price (MSRP) minus 25%. The MAP pricing is established by Manufacturer and may be adjusted by Manufacturer at its sole discretion.
Payment Terms: Online Retailers shall pay before shipping.
SCOPE OF ADVERTISING
This Policy applies only to prices advertised by online retailers. It does not apply to actual transactional sale prices charged by retailers to a customer, and retailers remain free to charge whatever sales price they choose. For an online retailer to be authorized to use Manufacturer’s intellectual property and participate in Manufacturer’s pricing, promotions, and other programs, all products must be advertised at a price equal to or greater than the MAP price.
Failure to adopt and maintain the Policy may impact the future business relationship, including but not limited to status as an Authorized Dealer of Manufacturer’s Products.
This MAP policy applies to prices advertised by dealers using the following forms of advertising:
- Printed advertisements published in or on newspapers, magazines, inserts, catalogues, and flyers
- Outdoor signs and billboards
- Advertisements transmitted via radio, television, satellite radio, or computer or mobile applications
- E-commerce advertising, including email promotions, paid search results and ad words, and promotions paid for or released by dealers to third party websites and mobile applications
- Content promoting Manufacturer’s products on any page of a store website or display on a mobile application, including pages dedicated to categories of products and specific product
- Advertisements and statements that include “call for price,” “email for price,” “click for price,” or similar language.
Manufacturer reserves the right to occasionally permit advertisement of its products in connection with promotional programs for limited periods of time that might otherwise violate the terms of the MAP Policy. Manufacturer will give advance notice to its online Retailers of such promotional programs, as appropriate, to ensure continued compliance with the MAP Policy. In addition, to advertising a price below MAP, the following forms of advertised promotions also violate the MAP Policy:
- “Buy one/get one” promotions or similar promotions that include Manufacturer products.
- Rebates, coupons, or gift cards expressly provided in exchange for purchases of Manufacturer products that would cause the advertised price to be below the MAP price.
- Advertisements of site wide discounts or offers that do not specifically exclude Manufacturer products.
The following promotional activities do not violate the MAP policy:
- Advertisements or offers for free shipping or sales tax inapplicable.
- Any promotions or promotional events initiated or otherwise authorized by Manufacturer.
- Loyalty programs associated with store-wide purchases.
Online retailers remain free to determine how and when to advertise prices for Manufacturer products. Manufacturer will unilaterally monitor advertised pricing as identified above and any failure to abide by this Policy may result in the loss of the ability to purchase products from Manufacturer, as well as the loss of ‘Authorized Dealer’ status, among other future consequences.
Manufacturer may, without assuming any liability, immediately act as deemed necessary to remedy the violation. Such actions include but are not limited to:
- Revoking purchase authorization on the online retailer program; revoking access to images, trademarks, logos, and other intellectual property used for advertising purposes.
- Discontinuing participation in sales promotions, price discounts, and other online retailer program perks.
Any reinstatement of the online retailer program and/or benefits shall be at the sole discretion of Manufacturer, and reinstatement as an online retailer is not guaranteed upon remedy of violation. Manufacturer reserves the right to terminate the business relationship with any online retailer that violates the terms of this policy.
ALL SHIPMENTS BEING DROP SHIPPED TO A RESIDENTIAL LOCATION MUST ADHERE TO THE FOLLOWING OR RISK NOT BEING ABLE TO MAKE A DAMAGE/WARRANTY CLAIM.
a. Customer must retain all packing materials, boxes, tubes, wrapping etc. until merchandise is checked and no damages are evident.
b. Manufacturer must be notified of damaged items within 5 business days of delivery.
- Order cancellations:
Orders may be cancelled unless the order has already been dispatched to the warehouse. Please contact the Manufacturer’s representative or sales support for order status.
Any questions or comments concerning this Policy or the MAP Price List must be directed exclusively in writing to Manufacturer’s Customer Support.
Other employees and sales representatives of Manufacturer are not authorized to, nor shall they, discuss, negotiate, or amend the MAP Policy. The management of Manufacturer shall be responsible for determining whether a violation of the policy has occurred and providing notification of the violation. Manufacturer independently monitors and investigates actions of dealers to determine any conduct that is contrary to the MAP Policy.
- Additional Policy Terms and Conditions:
Manufacturer reserves the right to, at any time, at our own discretion and without prior notice; modify, extend, suspend, discontinue, or withdraw in whole or in part this policy. In the event of any disagreement over the interpretation or enforcement of this policy, Manufacturer reserves the right as the manufacturer to make the final decision about its products, pricing, and online retailer program. For the latest revised policy, please refer to our website.
ACKNOWLEDGEMENT OF RECEIPT:
By purchasing from Manufacturer as a retailer, reseller, drop shipper or distributor, the authorized dealer acknowledges receipt of this policy and agrees, by this document, to advertise Manufacturer products at no less than the Minimum Advertised Price (MAP) as set by Manufacturer. The dealer shall pay Manufacturer the prices for the products purchased under this Agreement as set forth in the Online Retail Dealer’s Price List. Prices are subject to change at any time by Manufacturer. The Dealer will be notified by phone or e-mail prior to the change of prices, sales, or clearance prices. Online Retail Dealer pricing is to be kept confidential by the online retailer.