2018 Map Policy

2018 MAP Policy
In order to preserve its reputation for providing customers with high value products and strong after-sales support, and to further enhance the Brandmotion brand image and its competitiveness in the marketplace, Brandmotion is unilaterally instituting a policy of minimum advertised price standards for Brandmotion products. This Updated Minimum Advertised Pricing Policy (“MAP Policy”) will become effective January 16th, 2015 and will apply to distributors and retailers, including catalogs and internet retailers (collectively, “Resellers”), who resell Brandmotion products to end users located in the United States. Brandmotion greatly values the efforts of all Resellers to distribute Brandmotion 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. Brandmotion will, from time to time, publish a Schedule of MAP Prices (“MAP Schedule”), which may be amended or adjusted by Brandmotion at any time in its sole discretion. The MAP Schedule will identify the effective date, the products and the minimum advertised price (“MAP”) for those products. Each advertisement of a product identified in the Schedule will have a specified MAP Price. Any price below the listed MAP Price will be a violation of this MAP Policy. Brandmotion products not specifically identified in the Schedule are not subject to this MAP Policy. The most up to date MAP Schedule is enclosed.

2. This MAP Policy applies to all advertisements of Brandmotion products listed on the MAP 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 electronic media, television, radio, and public signage. This MAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s).

3. The inclusion in advertising of free or discounted products (whether made by Brandmotion or another manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy if it has the effect of discounting the advertised price of the covered Brandmotion product below the listed MAP Price for that product.

4. If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discount price below MAP Price for that product listed is prohibited.

5. This MAP Policy applies only to advertised prices and does not apply to the price at which Brandmotion products are actually sold or offered for sale to an individual consumer within Resellers’ 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 Brandmotion products at any price in excess of the MAP.

7. Internet auctions may not display or have reserved bid or other acceptable prices below MAP Pricing for the product listed. Pricing listed on an internet site is considered an “advertised price” and must adhere to this MAP Policy. Once the pricing is associated with an intent to purchase (added to shopping cart or order), the price becomes the selling price and is not bound by this MAP Policy. Statements such as “add to basket to see price”, “we will match any price”, “call for price” or phrases of similar import are acceptable as long as the price advertised or listed for the products is not below the MAP Price listed for the specific product. In addition, discounts applied at 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.

9. This MAP Policy is solely within Brandmotion’s discretion and authority acting through the duly authorized managers of Brandmotion. No employee or sales representative of Brandmotion 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, Brandmotion, 21520 Bridge St. Southfield, MI 48033 or via e-mail to info@brandmotion. com who will respond only in writing. No oral communications about this MAP Policy are authorized. Brandmotion Management 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 Brandmotion under this MAP Policy shall be without liability to Brandmotion.

10. From time to time, Brandmotion 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. Brandmotion further reserves the right to adjust the MAP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers.

11. Intentional and/or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed by Brandmotion. The level of sanctions is as follows: • First Violation: Brandmotion will issue a letter to the non-compliant distributor or reseller requesting that they correct pricing to be compliant with the Brandmotion MAP guidelines as noted above. If remedied within 24 hours of being notified by Brandmotion - no suspension of Brandmotion shipments for any product. • Second Violation: Brandmotion will issue a letter to the non-compliant distributor or reseller requesting that they correct pricing to be compliant with the Brandmotion MAP guidelines as noted above. Reseller will be removed from “where to buy”. If remedied within 24 hours of being notified by Brandmotion - 30 day suspension for all Brandmotion shipments regardless if product was found in violation or not. • Third Violation: Reseller must remove all Brandmotion product listings and is officially banned from reselling any Brandmotion product. Brandmotion does not intend to do business with Resellers who degrade the image of Brandmotion and its products. Brandmotion need not provide prior notice or issue warnings before taking any action under this MAP Policy. Reseller will be published on a “do not sell” list. Termination of any and all programming elements such as pricing, co-op and rebate support temporarily or indefinitely

12. Distributors of Brandmotion products will supply a copy of this MAP Policy to any new or existing Reseller for their records.

13. The terms of this MAP Policy are confidential and should not be disclosed to other parties. This MAP Policy has been established by Brandmotion to help ensure the legacy of Brandmotion as a top producer of high performance, high quality products and to protect the reputation of its name and products. This MAP Policy is also designed to avoid destructive intra-brand conflict and to ensure that dealers and distributors have the incentive to invest resources into services for Brandmotion customers.