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Minimum Advertised Pricing PolicyMinimum Advertised Price policy on all Durofix Inc., products (DUROFIX & ACDelco branded power tools) is in effect (herein referred to as "MAP policy"). As used in this MAP policy, “reseller” means any reseller, distributor, sales representative or dealer. Durofix Inc., (Durofix) has spent years building a brand of strong recognition and high perceived value. By not adhering to the established MAP policy, a reseller can dramatically diminish or detract from the perceived value of Durofix brands and products. The global impact of the internet can cause great harm to any company's products if they are advertised at prices that will eliminate legitimate retail competition. This MAP policy is intended to allow customers to purchase from resellers based on loyalty and customer experience. In the interest of protecting both resellers and customers, it is necessary to abide by the following requirements.
- The Minimum Advertised Price for any Durofix' product shall be no less than the current Manufacturer's Suggested Retail Price (MSRP) as published on the Durofix price list; to view the current price list, please visit www.chefworks.com. This Minimum Advertised Price is established by Durofix and may be adjusted by Durofix at such time and in such amounts as it may determine at its sole discretion.
- You shall not list Durofix products on any third-party website, such as Amazon, ebay, Overstock, etc. or any others, without prior written consent from Durofix. Selling Durofix products on your own website associated directly with your store(s) is permissible so long as this MAP policy is adhered to.
- This MAP policy applies to all advertisements of Durofix products in any and all media, including, but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, internet or other 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 customers.
- The inclusion in advertising of free or discounted products, with a product covered by this MAP policy, would be contrary to the MAP policy if it has the effect of discounting the advertised price of the covered product below the Minimum Advertised Price.
- If pricing is displayed anywhere other than a brick-and-mortar-retail store, any strike-through or other alteration of the Minimum Advertised Price is prohibited.
- This MAP policy does not establish maximum advertised prices. All resellers may offer Durofix products at any price in excess of the Minimum Advertised Price.
- The MAP policy does not, in any way, limit the ability of any reseller to advertise that "they have the lowest prices" or, they "will meet or beat any competitors’ price," that customers should "call for a price" or phrases of similar meaning as long as the price advertised or listed for the product is not less than the Minimum Advertised Price.
- Durofix maintains the right to run a temporary sale at its discretion, and in such case, the Minimum Advertised Price will be the same as the temporary sale price on those particular items for that particular time period.
- If a reseller with multiple store locations violates this MAP policy at any one store location, or on any associated website, then Durofix will consider this to be a violation of this MAP policy by the reseller.
- Durofix reserves the right to cancel any pending orders, restrict future orders, or suspend a reseller's account if Durofix reasonably believes:
- a reseller has violated the provisions of the MAP policy; or
- a reseller intends to violate the MAP policy.
- Durofix' MAP Policy Administrator is solely responsible for determining whether a violation of the MAP policy has occurred, as well as for determining appropriate consequences and sanctions.
- Waivers to the MAP policy may be granted in Durofix' sole discretion by the MAP Policy Administrator in a written waiver. Durofix’ sales and marketing personnel, or any other personnel, are not authorized to modify or grant exceptions to the MAP policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP policy, resellers must strictly adhere to the terms of the written waiver. Deviation from the terms of the written waiver is a violation of the MAP policy.
- Durofix monitors the advertised prices of resellers, either directly or via the use of third party agencies or tools. Resellers are expected to provide reasonable cooperation in any Durofix investigations regarding possible MAP policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Durofix MAP policy investigation is a violation of the MAP policy.
- The MAP policy will be enforced by Durofix in its sole discretion and without notice. Resellers have no right to enforce the MAP policy. Violations of the MAP policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law.
- All questions related to the MAP policy should be directed to: firstname.lastname@example.org
|IMPORTANT: No shipments will be made to any reseller without having completed this form and returning it to Durofix|
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