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Minimum Advertised Price Policy (MAP)
Brenthaven has implemented a Minimum Advertised Price (“MAP”) Policy and MAP Policy Guidelines (collectively the “Policy”) designed to (1) ensure that Reseller partners can market Brenthaven products effectively and the customers for these products can receive appropriate sales support, (2) support the Brenthaven brand as a premium offering with a commitment to quality and a lifetime guarantee and, (3) avoid damaging the Brenthaven brand through channel conflict.
This Policy has been unilaterally adopted by Brenthaven and will be uniformly enforced.
The MAP Policy covers all Brenthaven Resellers located in the United States of America. Resellers remain free to establish their own resale prices. However, Brenthaven will, without assuming any liability, unilaterally impose sanctions as described in this Policy against Resellers who advertise applicable Brenthaven products at prices below what has been specified by Brenthaven.
Brenthaven is not seeking nor will it accept any assurance of compliance with this Policy. Furthermore, Brenthaven will not discuss any conditions of acceptance related to this Policy as it is non-negotiable and
will not be modified for any Reseller. Nothing in this Policy or in another agreement or contract (regardless of the context) with Brenthaven shall constitute an agreement between Brenthaven and the Reseller that the Reseller will comply with this Policy.
Value Added Resellers (VAR)
The MAP Policy does not apply to Value Added Resellers (VAR) that quote prices directly to corporation who intend to use the goods for internal consumption. It does apply to authorized VARs that advertise prices under our MAP on their public or business to consumer (B2C) sites. Brenthaven requests that authorized VARs, in good faith advertise prices at MAP to protect the Brenthaven brand and its message.
Authorized VARs are forbidden to knowingly resell to resellers that will advertise and/or have a history of advertising prices that do not conform to our MAP Policy. Brenthaven strives to protect its brand and will from time to time notify VARs of potential resellers who are not conforming to Brenthaven’s MAP Policy.
Minimum Advertised Price
The current listing of products that are subject to MAP pricing and the applicable prices is located on the Brenthaven website (www.webstore.brenthaven.com). From time to time, at its sole discretion Brenthaven may change the list of products and minimum advertised price. The Reseller is responsible to remain current with the Policy which will be available on the Brenthaven website (http://www.brenthaven.com/mappolicy).
Brenthaven products not specifically identified on the applicable product list or within this Policy are not subject to the Policy. Each advertisement below the MAP will be considered a violation of the Policy.
The Policy applies to (1) all Resellers, (2) all types of advertising, including, without limitation, print ads in newspapers, trade journals, periodicals, and other print media, radio ads, TV ads, catalogues, direct mailers, and all communications of prices accessible by internet, and (3) all websites owned by Resellers and all websites that include advertising of Brenthaven products by Resellers.
Advertisements that do not display a price are not in violation of this Policy. For example, a “Call for Price” advertisement would not be a violation of the policy.
MAP applies only to the minimum advertised prices and does not apply to the price at which the products are actually sold or to advertised prices higher than the unilateral minimum resale prices established by Brenthaven from time to time. Resellers may set and negotiate actual resale prices without limitation and is not considered a violation of the policy.
In the event a Reseller chooses not to follow the Brenthaven MAP Policy sanctions will be unilaterally imposed by Brenthaven.
Violations of the MAP Policy shall be determined by Brenthaven in the sole discretion of the Policy administrator. Brenthaven will not accept communication from Resellers who violated the Policy regarding their violation or their willingness to bring their prices into compliance with the Policy. In addition, failure to adhere to the MAP Policy could result in the loss of the Reseller’s rebate claims or any additional support that Brenthaven may extend from time to time. The decisions are irrevocable and will not be changed in any way based on a Resellers commitment regarding future practices.
Brenthaven reserves the right to modify, suspend, or discontinue the MAP Policy in whole or in part at any time. Brenthaven may also from time to time designate promotional periods during which the terms of the Policy change or designate periods of time during which the Policy is not applicable. The policy will be made available on the company’s website (http://www.brenthaven.com/mappolicy).
Brenthaven is not seeking agreement from any reseller to adhere to this MAP Policy. It is entirely within the discretion of the Reseller whether to comply or not.
Brenthaven sales personal have no authority to modify or grant exceptions to this Policy.
All questions or comments regarding this MAP Policy are to be directed to the following email address: [email protected] This Policy administrator shall be solely responsible for determining whether a violation of the Policy has occurred, communication decision to Resellers regarding the Policy and receiving any communication regarding sanctions imposed under this Policy.
Brenthaven greatly values the efforts of Resellers to distribute Brenthaven products and support our mutual customers. We are confident that you understand our commitment to customer satisfaction and our need to communicate this Policy clearly and concisely to meet legal requirements and avoid misunderstandings.