UNABIKER Minimum Advertised Price Policy
To preserve UNABIKER’s brand, image, and reputation and to provide our customers with high-value products, UNABIKER is unilaterally implementing a Minimum Advertised Price Policy (“MAP Policy”), effective September 8, 2016. This MAP Policy applies to all sellers, distributors, and retailers (collectively referred to as “Reseller”) who resell any UNABIKER products with an accompanying Manufacturer’s Suggested Retail Price (“MSRP”).
1. The minimum advertised price for any UNABIKER product is the current MSRP, unless prior, written authorization is granted by Brian Bennett (see paragraph eight below). As such, any advertised price that does not equal or exceed the MSRP will be in violation of this MAP Policy. The MSRP list is published on UNABIKER’s website (www.unabiker.com) and may be amended any time by UNABIKER, at its sole discretion.
2. The MAP Policy applies to advertised prices of UNABIKER products, including but not limited to, all flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, internet and similar electronic media, television, radio, and public signage.
3. The MAP Policy does NOT apply to the price at which the products are actually sold or to in-store advertising displayed only at the Reseller’s store.
4. The MAP Policy does NOT establish maximum advertised prices. A Reseller may offer UNABIKER products at any price that exceeds the MSRP.
5. All product packages, those that include combinations of both UNABIKER products subject to this MAP Policy and other manufacturer products, must be advertised at or above the cumulative MSRP of all UNABIKER products included in the package.
6. Resellers may sell UNABIKER products at online, third-party marketplaces (ie. eBay, Amazon, Facebook, Craigslist, etc.); however, this MAP Policy is still applicable to those advertised prices. More specifically, a price listed on an online marketplace is considered an “advertised price” and must adhere to this MAP Policy. A “click for price” button on an online marketplace that displays a price below the applicable MSRP is a violation of this MAP Policy. However, once the price is associated with the customer’s intent to purchase, the price becomes the selling price and is not bound by this MAP Policy. The price is deemed to be associated with the intent to purchase when the product is placed in the customer’s “virtual shopping cart” and the customer has elected to “proceed to checkout.” Statements such as “add to basket to see price,” “we will match any price,” “call for price,” or similar phrases are permissible as long as the price advertised for the products is not below the MSRP. Additionally, for online auctions, the “buy it now” option must not be listed below the MSRP, the “reserve” must begin at the MSRP, and “best offer” auctions are not allowed.
7. Intentional or repeat failure to abide by the MAP Policy will result in sanctions unilaterally imposed by UNABIKER. The type of sanctions will be determined by UNABIKER, in its sole discretion, and may include infinite termination or suspension of the ability to purchase UNABIKER products from any of our distribution channels. It is at UNABIKER’s sole discretion whether or not to provide prior notice or issue warning before taking any action under this MAP Policy.
8. With the exception of Brian Bennett, no UNABIKER employee or sales representative has any authority to discuss or grant exceptions to this MAP Policy. All questions regarding this MAP Policy are to only be directed to Brian Bennett at firstname.lastname@example.org. An exception to this MAP Policy, if any, must be agreed upon in writing.
9. At is sole discretion, UNABIKER reserves the right to modify, suspend, or cancel this policy at any time. UNABIKER will provide notice of any such modifications, suspensions, or cancellations on its website (www.unabiker.com). It is the responsibility of each Reseller to monitor the designated website for updates. UNABIKER adopted this MAP Policy, which was created independently by UNABIKER for the benefit of all Resellers, to protect the UNABIKER brand image, preserve the competitiveness of UNABIKER products in the marketplace, and prevent intra-brand conflict. This MAP Policy does not limit the actual selling price, instead, sets the minimum price which a UNABIKER product can be advertised at in off-site advertising.
This MAP Policy is an independent, unilateral policy declaration by UNABIKER and is NOT an agreement between UNABIKER and any Reseller or other distribution or resale entity.