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in order to preserve its reputation for providing customers with high value products and strong after sales, support and to further enhance the 1903 brand image and its competitiveness in the marketplace, 1903 is unilaterally instituting a policy of minimum advertised price standards for 1903 products. This Minimum Advertised Pricing Policy (“MAP Policy”) will become effective January 1, 2021, and will apply to dealers and retailers, including catalogs and internet retailers (collectively, “Resellers”), who resell 1903 products to end users located in the United States.
1903 greatly values the efforts of all Resellers to distribute 1903 products and support our customers. This MAP Policy is adopted for the benefit of all Resellers and will be uniformly enforced.
This MAP Policy shall work under the following guidelines:
1. 1903 will, from time to time, publish a Schedule of Manufacturer’s Suggested Retail Prices (“MSRP Schedule”) on its internet website, which may be amended or adjusted by 1903 at any time in its sole discretion. The MSRP Schedule will identify the effective date, the products and the Manufacturer’s Suggested Retail Price (“MSRP”) for those products. Each advertisement of a product identified in the MSRP Schedule below the MSRP will be a violation of this MAP Policy. 1903 products not specifically identified in the MSRP Schedule are not subject to this MAP Policy.
2. This MAP Policy applies to all advertisements of 1903 products listed on the MSRP Schedule in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, e-mail newsletters, e-mail solicitations, internet or similar advertising. This MAP Policy is not applicable to any in-store advertising that is displayed only in the store and is not distributed to any customer (s).
3. The inclusion in advertising of free or discounted products (whether made by 1903 or another manufacturer) with a product covered by this MAP Policy is prohibited. All packages (i.e., those that include a combination sale of both products covered in the MSRP Schedule and products not covered under this Policy) must be advertised at the cumulative MSRP of all the products included in the package.
4. A visible strikeout, deletion or alteration of any price in any Internet advertising is strictly prohibited. It is a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price”, or “add to cart for price”, or to use similar language.
5. This MAP Policy applies only to advertised prices and does not apply to the price at which 1903 products are actually sold or offered for sale to an individual consumer within Reseller’s retail location or over the telephone. Resellers remain free to sell these products at any prices they choose under these circumstances.
6. This MAP Policy does not establish maximum advertised prices. All Resellers may offer 1903 products at any price in excess of the MSRP.
7. Internet auctions may not display or have reserved bid or other acceptable prices below the MSRP. Best Offer auctions are not allowed.
8.1903 must be specifically excluded from any type of advertised storewide sale or promotion if the promotion is perceived to discount 1903 below MSRP. Advertised coupons, dealer bucks, etc. are allowed as long as they are for future storewide purchases only. Dealers must not include statements in advertising or options related to 1903, which may lead consumers to perceive the offer of prices below MSRP.
9. Pricing listed on an Internet site is considered an “advertised price” and must adhere to this MAP Policy. Once the pricing is associated with the intent to purchase (added to a secure, not public shopping cart or order), the price becomes the selling price and is not bound by this MAP Policy. Discounts applied at the checkout to the entire order based on a customer’s purchasing history with the Reseller, such as discounts for “frequent shoppers”, do not violate this MAP Policy.
10. This MAP Policy is solely within 1903 discretion and authority acting through the duly authorized managers of 1903. No employee or sales representative of 1903 has any authority to discuss, modify or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid. All questions about this MAP Policy should be in writing and directed via U.S. Mail to 1903 MAP Policy Administrator, 1903 163 Duxbury Rd, Purchase, New York 10577 or via e-mail to email@example.com who will respond only in writing. No oral communications about this MAP Policy are authorized. The MAP Policy Administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Resellers regarding the policy and receiving any communications regarding sanctions imposed under this MAP Policy. Any action taken by 1903 under this MAP Policy shall be without liability to 1903.
11. From time to time, 1903 may choose to offer special promotions on certain products. In such an event, we reserve the right to modify or suspend this MAP Policy in whole or in part by notifying all Resellers of the duration and nature of the change. 1903 further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers.
12. Intentional and/or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed by 1903, 1903 does not intend to do business with Resellers who degrade the image of 1903 and its products. 1903 does need not provide prior notice or issue warning before taking any action under this MAP Policy.
13. Distributors of 1903 products will supply a copy of this MAP Policy to any new or existing Reseller for their records.
14. The terms of this MAP Policy are confidential and should not be disclosed to other parties.