We at BrainGear Enterprises, Inc. (“BrainGear”) recognize that our success is tied to the success of our network of select authorized dealers. We also know that many of our dealers invest significant time and resources to deliver an extraordinary customer experience. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our dealer’s service and support efforts. As a result, BrainGear has unilaterally established this Minimum Advertised Price (“MAP”) Policy.
BrainGear, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower that the MAP.
The products covered by this policy are listed in Section 6, (“MAP Products”). BrainGear may in its sole discretion modify this list from time to time.
BrainGear recognizes that dealers are free to make their own decisions to advertise and sell any BrainGear product at any price they choose, without consulting or advising BrainGear. Similarly, BrainGear will exercise its right to make its own decisions regarding the BrainGear Authorized Reseller Program (“ARP”), supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or over the telephone.
BrainGear believes in maintaining a well-regulated and fair marketplace for all its authorized resellers.
The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as internet sites, social media sites, any e-commerce, apps, e-mail, or any other electronic media.
The MAP Policy does not apply to in-store or on premise advertising that is not distributed to customers, that is displayed only in the store and not distributed to any customer(s) including by way of example, but not limited to, point of sale signs, stickers, hangtags and bar codes. A “retail location” is defined as the physical place where end users can physically buy MAP Products.
Website features such 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 dealer (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.
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 MAP Products, so long as no price is listed.
This MAP Policy also applies to any activity which BrainGear 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, BrainGear may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, BrainGear 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, BrainGear may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer’s rebate, provided that:
- the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style;
- an asterisk is placed next to the net price after manufacturer’s rebate; and
- “after manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.
If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then BrainGear will consider this to be a violation by the dealer.
BrainGear reserves the right to cancel any pending orders, restrict future orders, or suspend dealers’ account if BrainGear reasonably believes:
- a dealer has violated the provisions of this policy; or
- a dealer intends to violate this policy.
BrainGear’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions.
Waivers to this MAP Policy may be granted in BrainGear’s sole discretion by the MAP Policy Administrator in writing. BrainGear Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP Policy Administrator authorizes in writing a waiver to the MAP Policy and dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.
BrainGear monitors the advertised prices of dealers, either directly or via the use of third-party agencies or tools. Dealers are expected to provide reasonable cooperation in any of BrainGear’s investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a BrainGear’s MAP Policy investigation is a violation of this MAP Policy.
The MAP Policy will be enforced by BrainGear in its sole discretion and without notice. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies of law. All questions related to this MAP Policy should be directed in email to firstname.lastname@example.org
BrainGear Enterprises, Inc. – MAP Policy Summary
Effective January 1, 2020
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