2023 MINIMUM ADVERTISED PRICE (MAP) AND AUTHORIZED RETAILER POLICY
Fidlock USA relies upon its network of authorized retailers (individually and collectively referred to as “retailers’) to position and support Fidlock products. Fidlock USA has developed this policy to support brand value, consumer service and customer satisfaction. Therefore, all retail sales of Fidlock products regardless of outlet, will be subject to this Policy. This Policy has been unilaterally adopted and will be enforced strictly and uniformly. This MAP Policy shall continue to be effective with respect to the most recent versions of any MAP Listing that Fidlock USA may publish. Each subsequent MAP Listing shall state the date that it becomes effective. The current MAP applicable to each 2023 Fidlock USA product(s) may be found on the Fidlock USA 2023 Price Sheet. Contact your Sales Rep or email Fidlock USA at email@example.com to request an updated copy. Fidlock USA may modify MAP in its sole discretion from time to time.
MARKETING AND SALES POLICY
It is Fidlock USA’s policy that Fidlock products shall be marketed and sold in accordance with the following policy:
- Only authorized retailers may sell Fidlock products.
- Authorized retailers shall market and sell Fidlock products only to end-users (consumers) located within the United States or respective international territory.
- Authorized retailers may sell Fidlock products online but only on their own sites managed by the authorized retailer.
- Authorized retailers may not sell inline Fidlock products on any third-party or marketplace internet sites; including but not limited, to Amazon, eBay & Walmart.
- Authorized retailers shall abide by this MAP Policy on any online sites managed by the authorized dealer.
MINIMUM ADVERTISED PRICE POLICY
Retailers remain free to establish their own resale prices for all Fidlock products. However, Fidlock USA will, without assuming any liability, cancel all orders and will indefinitely refuse to accept any new orders from any retailer immediately following Fidlock USA’s verification that such retailer has advertised, offered, or sold any Fidlock product at a net retail sales price less than the minimum advertised price. It is Fidlock USA’s policy that Fidlock USA’s Acceptable MAP pricing is the Fidlock USA MSRP.
SEASONAL DISCOUNT WINDOW
Dealers are allowed two sales on 2023 product during the Fidlock USA identified period. During these windows dealers are free to advertise at prices up to but not exceeding a discount of 20% below MAP. Fidlock USA must receive 7-day advance notice of scheduled sale. The sale must not exceed 14 calendar days and must happen entirely within the following windows:
- May 1-31, 2023
- Nov 22-Dec 7, 2023
Authorized Retailers may sell Fidlock products at any price is their sole discretion. However, Fidlock products may not be advertised, either expressly or by implication, at a price less than the MAP referenced in the Fidlock USA Product MAP List. MAP applies to advertising of Fidlock USA Products in any and all media, including but not limited to, print ads (inserts, magazines, newspapers, etc.), broadcast (radio and TV), Internet or similar electronic media (websites, banner ads, broadcast emails, destination pages, etc.), catalogs and other direct mail, outdoor (billboards, banners, etc.). IN PARTICULAR, MAP APPLIES TO ALL WEBSITE AND OTHER INTERNET REFERENCES, EITHER EXPRESS OR IMPLIED, TO PRICES OF ANY FIDLOCK USA PRODUCTS.
MAP applies to advertising that does not reference a specific price for Fidlock USA products. Web product presentation must include a full image of the actual model and model year along with an explanation of its features and technologies. Examples of advertising of product without price that expressly states a price less than MAP include, but are not limited to, references such as: “priced too low to show;” “prices so low we can’t advertise;” “instant rebates;”, "add to cart to see price", use of promotional codes or promotional coupons, each resulting in offering a price less than MAP and is a violation of this policy. Advertising that offers or promotes Fidlock products as a “bonus,” as “free” or with no or a limited charge less than MAP is a violation of this policy. Periodically, Fidlock USA may discontinue models and styles of Fidlock Products or engage in promotions with respect to such Products. Such an occurrence will suspend this MAP policy on said products ONLY when the Authorized Retailer is notified by Fidlock USA. Any suspension of this policy and applicable items remains the sole discretion of Fidlock USA. Fidlock USA may, unilaterally and in its sole discretion, discontinue supply of Fidlock products and terminate its business relationship with any authorized retailer that fails to comply with these policies, regardless of whether the violation occurs in relation to one or several of the retailer’s outlets or points of sale.
This is a unilateral statement of Fidlock USA’s commercial policy. It is not an agreement or an offer to form an agreement with any party. It simply describes conditions under which Fidlock USA may, in its sole discretion, choose to sell Fidlock USA products to authorized retailers. Each retailer of Fidlock products is free to independently decide whether or not to follow this MAP Policy. Fidlock USA will not discuss any conditions of acceptance related to this MAP Policy, as it is nonnegotiable and will not be altered for any retailer. In addition, Fidlock USA does not ask for, nor will it accept, any assurance of compliance with this MAP Policy. Nothing in this MAP Policy shall constitute an agreement between Fidlock USA and any retailer that the retailer will comply with this MAP Policy. Fidlock USA sales personnel have no authority to modify or grant exceptions to this MAP Policy. All questions regarding the interpretation of this Policy must be directed to Fidlock USA.
IF FIDLOCK USA DETERMINES, TO ITS SOLE SATISFACTION, THAT THE RETAILER HAS ADVERTISED A FIDLOCK USA PRODUCT AT A PRICE BELOW THE PRICE SET FORTH IN THE CURRENT MAP LISTING, FIDLOCK USA MAY CANCEL ALL ORDERS FOR THE GIVEN PRODUCT AND REFUSE TO ACCEPT NEW ORDERS FOR THAT PRODUCT, FOR SO LONG AS THAT PRODUCT APPEARS ON THE MAP LISTING.