Combat Off Road Minimum Advertised Pricing Policy
Combat Off Road has implemented a Minimum Advertised Pricing (MAP) Policy (the “Policy”) for Combat Off Road products (“MAP Products”) which is required for our resellers to remain competitive in the marketplace, generate sufficient margins to support our brand and allow for our resellers to provide high level service to our customers. Please see below for the terms of the Combat Off Road MAP Policy:
- All resellers who wish to sell Combat Off Road products will be required to comply with the MAP policy.
- Compliance with the Combat Off Road MAP Policy means that Combat Off Road products may not be advertised at a price below the MAP established by Combat Off Road.
- The Minimum Advertised Price for all Combat Off Road products is the MSRP price as listed on the most current Combat Off Road price list.
- The MAP Policy applies to all advertisements of MAP Products in all media including, without limitation, flyers, posters, electronic media, television, radio and public signage, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, direct emails, and all “Online Advertising.” Online Advertising specifically includes “shopping carts,” “member prices,” “logged-in” customer areas, prices shown in any online “checkout” function and any communication or display of a price accessible by a search engine, web crawler, and/or specialized shopping and pricing engines. Advertising includes any websites or other places accessible by the internet including, without limitation, auction sites (e.g., eBay and Buy-it-Now). Advertising also includes in-store signage within a brick and mortar store.
- From time to time, Combat Off Road will issue a written, update list of available products and their MSRPs. The most-recently distributed list will supersede previously released lists.
- Combat Off Road reserves the right to modify the MAP Policy and which products it covers at any time and for any reason and will inform our resellers in writing of any changes at least 72 hours before the change is effective.
- MAP Policy compliance will be monitored by Combat Off Road and the Policy strictly and uniformly enforced.
- The MAP Policy will operate independently of any other program.
- The MAP policy applies only to advertised pricing. It does not apply to actual sale price. Combat Off Road resellers remain solely responsible for setting their own prices.
- If any Combat Off Road products is advertised below the MAP, Combat Off Road will adhere to a “3 Strikes” policy as outlined below:
A First Violation occurs when a Combat Off Road product is advertised in a way that (a) suggests that the wholesaler or retailer is offering a Product at prices below MAP or (b) otherwise solicits potential customers to place the Product in another stage of an online transaction that ultimately displays a price lower than the MAP. A First Violation will result in a notice and a 48 hour grace period in which the wholesaler or retailer has to comply with the MAP Policy from notification by Combat Off Road of such violation.
Second Violation occurs when a Combat Off Road product is advertised in a way that (a) suggests that the wholesaler or retailer is offering a Product at prices below MAP or (b) otherwise solicits potential customers to place the Product in another stage of an online transaction that ultimately displays a price lower than the MAP after the 48 grace period. A Second Violation will result in a second notice and suspension of all shipments of Combat Off Road Products and suspension of the wholesaler or retailer’s license to use Combat Off Road’ Intellectual Property for thirty (30) days from notification by Combat Off Road of the Second Violation.
A Second Violation occurs when the wholesaler or retailer advertises a Product below its MAP directly subsequent to the commission of the First Violation, or within twelve (12) months after the wholesaler or retailer committed the First Violation.
A Third Violation will result in termination of the wholesaler or retailer’s authorization by Combat Off Road to market and sell the Products and termination of the wholesaler and retailer’s license to use Combat Off Road’s Intellectual Property. The wholesaler and retailer will be placed on a do not sell, do not ship list.
A Third Violation occurs when the wholesaler or retailer advertises a Product below MAP directly subsequent to a Second Violation or within twelve (12) months after the wholesaler or retailer has committed the Second Violation.