We recognize that our high-quality resale partners invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling vendor presentation. To support our resellers’ efforts, The PowerHitter Co. (aka “The PowerHitter”) has established policies that allow resellers to earn the profits necessary to maintain the high level of customer excellence people have come to expect from The PowerHitter resellers.
To enhance the value of The PowerHitter’s brand reputation and to incentivize investment and effort by our high-quality resellers and, The PowerHitter has adopted a MINIMUM ADVERTISED PRICE POLICY (“MAP Policy”) applicable in the United States. The PowerHitter established this MAP Policy in recognition of the fact that reseller advertising and sales practices which promote The PowerHitter products primarily on the basis of “price” could become detrimental to resellers’ service and support efforts and to The PowerHitter’s competitive position. Such activities could harm The PowerHitter’s brand, reputation and competitiveness, and allow some resellers to take advantage of the service and support efforts of others. The PowerHitter believes these practices to be unfair and thus discourages such efforts.
Accordingly, The PowerHitter, in its sole discretion, will not do business with any reseller, as to the products covered by this MAP Policy, if that reseller intentionally advertises any MAP Product below its MAP price. The PowerHitter is confident that this MAP Policy will strengthen its competitiveness and benefit all of its resellers.
OFFICIAL POLICY AND GUIDELINES
Additional guidelines related to the US MAP Policy are as follows.
- The MAP Policy will be enforced by The PowerHitter at its sole and absolute discretion.
- The PowerHitter reserves the right, at its sole discretion and judgment, to take any other lawful action with respect to any reseller who violates this MAP Policy.
- The PowerHitter acknowledges that any authorized The PowerHitter account can make its own decisions, without consulting or advising The PowerHitter, to advertise and sell any The PowerHitter product at any price it chooses. The PowerHitter similarly has the right, at any time, to make its own independent decision regarding product allocations and reseller participation as an Authorized Reseller of The PowerHitter.
- The PowerHitter will maintain an updated “MAP Products” list of its products that are included under this MAP Policy. The PowerHitter reserves the right to update or modify this list at any time.
- All Products listed will have a MAP (minimum advertised) retail price. Listing a price lower than the MAP retail price next to the featured MAP Product in any advertising will be viewed as a violation of this MAP Policy. This MAP Policy applies to all advertisement of MAP Products in any and all media, including, without limitation, newspapers, inserts, magazines, catalogs, mail order catalogs, posters, mailers, flyers, coupons, internet or similar electronic media including websites, forums, email newsletters, email solicitations, television, radio, and public signage. Such website features 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 reseller (rather than by the customer) shall be deemed to constitute “advertising” under this MAP Policy. The PowerHitter’s MAP Policy will also be applied to any “advertising-like” activity which The PowerHitter determines, at its sole discretion, to be 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; provided that the reseller does not include any advertised price below MAP and that the reseller otherwise complies with this MAP Policy.
- The PowerHitter may specially authorize resellers to advertise MAP Products at prices lower than the MAP retail price from time to time. In each such event, The PowerHitter reserves the right to modify or suspend the MAP retail price for the affected product(s) for a specified period of time by providing advance notice to all resellers of such changes.
- The PowerHitter may also from time to time offer a direct manufacturer’s rebate to customers. In each such event, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer’s rebate, provided that (a) the advertisement include a MAP-compliant price, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style; (b) an asterisk is placed next to the net price after manufacturer’s rebate; and (c) the “*After manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.
- Where The PowerHitter products are bundled with or sold as part of a package that includes other products (whether or not manufactured by The PowerHitter), it shall be a violation of this MAP Policy to advertise or sell the package (or bundle) at a price that: (a) is lower than the total Minimum Advertised Price of the The PowerHitter product or (b) violates the letter or spirit of the MAP Policy.
- It shall be a violation of this MAP Policy if products are bundled with or sold as part of a package that includes products not pre-approved by The PowerHitter. Ask your The PowerHitter sales representative for a list of pre-approved products. Pre-approved products have been tested and approved by The PowerHitter personnel and/or consultants to ensure the product is up to The PowerHitter standards.
- It shall be a violation of this MAP Policy to include in any advertising for The PowerHitter Products any additional discount, coupon, gift card, or incentive (whether in the form of a special event, promotion, term of doing business or otherwise) that translates into an immediate price reduction, where the cumulative effect would be to reduce the advertised price of any MAP Product below MAP. Advertising that includes an additional discount, coupon, gift card, points, or any other incentive for future purchases (regardless of whether the future purchases is of a The PowerHitter product) shall be evaluated under the same guidelines as described in Sections 9 and 10 regarding product bundling. For example, a gift card redeemable on a future purchase would be considered an “other product” under Section 10. This Section 11 shall not apply to any manufacturer’s rebate from The PowerHitter on The PowerHitter Products or its partners’ products.
- It shall not be a violation of this MAP Policy to advertise that a customer may “email for price” or “call for price”, or to use similarly situated verbiage with respect to The PowerHitter Products, provided that no price is listed.
- If a reseller with multiple store locations violates this MAP Policy as to any particular store location, then The PowerHitter, in its sole discretion may view the violation as extending to all of the reseller’s locations depending on the circumstances.
- Although each reseller remains free to establish its own resale prices, The PowerHitter reserves the right to cancel all orders and indefinitely refuse to accept any new orders from any reseller once The PowerHitter has verified to its own satisfaction that such reseller advertised any MAP Products at a net retail sales price less that the then-current MAP retail price established by The PowerHitter, or that reseller has otherwise violated the MAP Policy in any other way.
- The PowerHitter’s sales representatives are NOT permitted to discuss the MAP Policy nor are they authorized to make any agreements or provide any assurances with respect to The PowerHitter’s Policy regarding reseller advertising or pricing. This also includes any consumer program or promotion that affects the below-listed MAP Products.