Minimum Advertised Price Policy
Last updated November 12, 2019
ESI Grips has determined that its interests and the interests of its resellers are best served through the adoption of a minimum advertised price (“MAP”) policy. This MAP policy is designed to (1) protect reseller margins so that desirable pre-sales and post-sales services and infrastructure can be provided by our channel partners; and (2) support the ESI Grips brand as a premium offering.
This policy has been unilaterally adopted by ESI Grips and will be uniformly enforced.
This MAP policy applies to all ESI Grips resellers. ESI Grips will, without assuming any liability, unilaterally impose sanctions as described in this policy against resellers who advertise applicable ESI Grips products at prices below the MAP. ESI Grips will not discuss any conditions of acceptance related to this MAP policy, as it is non-negotiable, and will not be altered for any reseller.
MAP applies only to minimum advertised prices and does not apply to the price at which the products are actually sold, or to advertised prices higher than the MAP.
MINIMUM ADVERTISED PRICE
The current product offering from ESI Grips and the corresponding MAP price list can be found at https://esigrips.com/map-pricing. The pricelist may be changed from time to time at the sole discretion of ESI Grips. ESI Grips resellers are responsible for remaining current with the MAP policy, products and pricing.
The MAP offered by a reseller shall not be less than the MAP listed on the published ESI Grips pricelist. Each advertisement below the MAP will be considered a violation of the policy.
- The MAP policy applies to any company or individual currently offering, or intending to offer, ESI Grips products for sale to the general public and includes all advertisements of ESI Grips products in any and all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as internet sites, social media sites, apps, or any other electronic media.
- The MAP policy does not apply to solely on-premise or in-store advertising that is not distributed to customers.
- 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 ESI Grips products, so long as no price is listed.
- This MAP policy also applies to any activity which ESI Grips 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 the MAP and otherwise complies with this MAP policy.
- From time to time, ESI Grips may permit resellers to advertise MAP products at prices lower than the MAP. In such events, ESI Grips reserves the right to modify or suspend the MAP with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
ESI Grips does not intend to do business with resellers who degrade the image and value of ESI Grips and its products. Resellers found to be in violation of ESI Grips’ MAP policy will be subject to the following:
1st Occurrence - Warning Notice (72 hours to comply)
2nd Occurrence - Notice of 30-Day Account Hold (72 hours to comply)
3rd Occurrence - Indefinite Account Suspension (Placed on DO NOT SELL list)
The terms of this MAP policy are confidential and should not be disclosed to other parties. This MAP policy has been established by ESI Grips to help ensure the legacy of ESI Grips as a top producer of high-quality products and to protect the reputation of its name and products.