US/Canada (MAP) Minimum Advertised Price Policy
FriXion RC Company, dba FriXion RC, FRIXIONRC.COM & FRIXIONOFFROAD.com (hereinafter “FriXion RC”) is a leading provider of tires for various applications.
We recognize that our high-quality dealers invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling vendor presentation. To support our resellers’ efforts, FriXion RC wishes to establish policies that allow resellers to earn the profits necessary to maintain the high level of customer excellence people have come to expect from FriXion RC dealers.
To protect the investment of our high-quality dealers and FriXion’s brand reputation, we have unilaterally adopted a MINIMUM ADVERTISED PRICE POLICY (“MAP Policy”). FriXion RC established this MAP Policy due to the fact that reseller advertising and sales practices that promote FriXion RC products primarily on the basis of price could be detrimental to resellers’ service and support efforts and FriXion’s competitive position. Such activities can be harmful to FriXion RC’s brand, reputation and competitiveness, and allow some resellers to take advantage of the service and support efforts of others. FriXion RC believes that these practices are unfair and thus discourages such efforts.
FriXion RC, in its unilateral discretion, may not do business with any reseller, as to the products covered by this MAP Policy, if that reseller intentionally advertises any MAP Product below its MAP price. FriXion RC is confident that this program will strengthen its competitiveness and benefit all of its resellers.
Official Policy and Guidelines
Additional guidelines related to the US/Canada MAP Policy are as follows:
- FriXion RC reserves the right, in its unilateral discretion, to take other action with respect to any reseller that violates this MAP Policy.
- The MAP Policy will be enforced by FriXion RC in its sole discretion. Dealers will be warned for first-time violation, and if not corrected, may be subject to termination based on FriXion’s sole unilateral discretion.
- FriXion RC recognizes that any authorized FriXion RC account can make its own decisions to advertise and sell any FriXion RC product at any price it chooses without consulting or advising FriXion RC. FriXion RC similarly has the right to make its own independent decision regarding product allocations and reseller participation as a member of the FriXion RC Authorized Reseller Program – at any time.
- FriXion RC will maintain an updated “MAP Products” list of those products that will fall under this MAP Policy. FriXion RC reserves the right to update or modify this list at any time. All items listed on FriXion RC Jobber Lists are automatically considered included under the MAP policy at each product lines’ respective MAP On Factor level or MAP Column Price as indicated by FriXion, and as part of the MAP Products list.
- All Products listed will have a MAP price level determined by a MAP On Factor provided by FriXion RC or MAP Price listed on the MAP Column on the Jobber Price File. Listing a price other than the MAP price next to the featured MAP Product in any advertising will be viewed as a violation of this MAP Policy. This MAP Policy applies to all advertisement of MAP Products in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines catalogs, mail order catalogs, internet or similar electronic media including websites, forums, email newsletters, email solicitations, television, radio, and public signage. Such website features as “Click for price”, automated “bounce – back” pricing e-mails, pre-formatted e-mail responses, forms, automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the reseller (rather than by the customer) and this constitutes “advertising” under this MAP Policy. This MAP Policy also applies to any activity which FriXion RC determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’ and the like.
- It shall NOT be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.
- From time to time, FriXion RC may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, FriXion RC reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
- From time to time FriXion RC may offer a direct manufacturer’s discount, coupon, gift card, special, incentive, promotion and/or rebate to customers. In such events, it shall not be a violation of this MAP Policy for FriXion RC to advertise the availability of the manufacturer’s discount, coupon, gift card, special, incentive, promotion and/or rebate.
- Where FriXion RC products are bundled with or sold as part of a package that includes other products, it shall be a violation of this MAP Policy to sell or advertise the bundle (or package) at a price that violates the letter or spirit of the MAP Policy. It shall be a violation of this MAP Policy if products are bundled with or sold as part of a package that includes products not pre-approved by FriXion.
- It shall be a violation of this MAP Policy to include in any advertising for FriXion RC Products any additional discount, coupon, gift card, or incentive (whether in the form of a special event, promotion, term of doing business or otherwise) that translates into an immediate price reduction, where the cumulative effect would be to reduce the advertised price of any MAP Product below MAP. Advertising that includes an additional discount, coupon, gift card, points, or any other incentive for future purchases (regardless of whether the future purchases is of a FriXion RC product) shall be evaluated under the same guidelines as described in Section 9 regarding product bundling. For example, a gift card redeemable on a future purchase would be considered an “other product” under Section 9. This Section 10 shall not apply to any manufacturer’s rebate from FriXion RC on FriXion RC Products or its partners’ products.
- It shall NOT be a violation of this MAP Policy to advertise that a customer may ”call for price” or “email for price”, or to use similar language, specifically with respect to FriXion RC Products, so long as no price is listed.
- It shall NOT be a violation of this MAP Policy to advertise FREE SHIPPING.
- If a reseller with multiple store locations violates this MAP Policy at any particular store location, then FriXion RC will consider this to be a violation by all of the reseller’s locations.
- Although resellers remain free to establish their own resale prices, FriXion RC reserves the right to cancel all orders and indefinitely refuse to accept any new orders from any resellers following FriXion’s verification that such reseller has advertised any MAP Products at a net retail sales price less that the then-current MAP retail price established by FriXion, or if reseller has violated this policy in any other way.
- FriXion RC may alter, amend or suspend all or part of it’s MAP policy unilaterally and without notice. FriXion RC may alter, amend or suspend this MAP policy on a case by case and customer by customer basis unilaterally and without notice.
16 . FriXion’s sales representatives are NOT permitted to discuss this Policy or make any agreements or assurances with respect to FriXion’s Policy regarding reseller advertising or pricing. This also includes any consumer program or promotion that affects the below-listed MAP Products.