In order to preserve its reputation for providing customers with high value products and strong after-sales support, and to further enhance the Benebone brand image and its competitiveness in the marketplace, Benebone is unilaterally instituting a policy of minimum advertised price standards for Benebone products on the internet. This Minimum Advertised Pricing Policy (“MAP Policy”) is effective as of January 1, 2017 and applies only to internet sellers who resell Benebone products to end users located on any website where the Benebone brand is offered for sale at an advertised price.
Benebone greatly values the efforts of all Resellers to distribute Benebone products and support our customers. This MAP Policy is adopted for the benefit of all Resellers and will be uniformly enforced.
This MAP Policy shall work under the following guidelines:
1. Benebone will, from time to time, publish a Schedule of Manufacturer’s Suggested Retail Prices (“MSRP Schedule”) on its internet website, which may be amended or adjusted by Benebone at any time in its sole discretion. MSRPs as of January 1, 2017 are outlined in the table above.
2. The MSRP Schedule will identify the effective date, the products and the manufacturer suggested retail price (“MSRP”) for those products. Each advertisement of a product identified in the MSRP Schedule more than 3% below the MSRP will be a violation of this MAP Policy. Benebone products not specifically identified in the MSRP Schedule are not subject to this MAP Policy. The MAPs as of January 1, 2017 are outlined in the table above.
3.This MAP Policy applies to all advertisements of Benebone products listed on the MSRP Schedule in any and all internet media, including, but not limited to, websites and banner advertisements on the internet. This MAP Policy is not applicable to any in-store advertising that is displayed only in the physical retail store.
4.For Benebone products listed in foreign countries using a currency other than the USD, the MAP shall be the USD MAP converted to the appropriate foreign currency at a time reasonably within the time of advertisement. The foreign currency used to convert the USD MAP shall be updated at least monthly.
5.The inclusion in advertising of free or discounted products (whether made by Benebone or another manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy if it has the effect of discounting the advertised price of the covered Benebone product more than 3% below the MSRP.
6.If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discount price more that 3% below the MSRP is prohibited.
7.This MAP Policy applies only to advertised prices and does not apply to the price at which Benebone products are actually sold or offered for sale to an individual consumer within Resellers’ retail location or over the telephone. Resellers remain free to sell these products at any prices they choose under these circumstances.
8. Internet auctions may not display or have reserved bid or other acceptable prices more than 3% below the MSRP.
9. Pricing listed on an internet site is considered an “advertised price” and must adhere to this MAP Policy. Once the pricing is associated with an intent to purchase (added to shopping cart or order), the price becomes the selling price and is not bound by this MAP Policy. Statements such as “add to basket to see price”, “we will match any price”, “call for price” or phrases of similar import are acceptable as long as the price advertised or listed for the products is not more than 3% below the MSRP. In addition, discounts applied at checkout to the entire order based on a customer’s purchasing history with the Reseller, such as discounts for “frequent shoppers”, do not violate this MAP Policy.
10.“Advertised Price” shall mean the price at which the product itself is advertised, without including shipping costs. For example, a $6 advertised price plus $3.99 shipping is a $6 advertised price for purposes of this policy.
11.This MAP Policy is solely within Benebone’s discretion and authority acting through the duly authorized managers of Benebone. No employee or sales representative of Benebone has any authority to discuss, modify or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid.
12. All questions about this MAP Policy should be in writing via e-mail to email@example.com. No oral communications about this MAP Policy are authorized. The MAP Policy Administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Resellers regarding the policy and receiving any communications regarding sanctions imposed under this MAP Policy. Any action taken by Benebone under this MAP Policy shall be without liability to Benebone.
13. From time to time, Benebone may choose to offer special promotions on certain products. In such an event, we reserve the right to modify or suspend this MAP Policy in whole or in part by notifying all Resellers of the duration and nature of the change. Benebone further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers.
14.Intentional failure to abide by this MAP Policy will result in sanctions unilaterally imposed by Benebone. The level of sanctions will be determined by Benebone in its sole discretion. Benebone does not intend to do business with Resellers who degrade the image of Benebone and its products via a low-price online strategy. Benebone may choose to, but need not provide prior notice or issue warnings before taking any action under this MAP Policy.
15. Violation of this MAP policy will not be permitted, even if the violator can point to other violators in the market.
16.Distributors of Benebone products will supply a copy of this MAP Policy to any new or existing Reseller for their records and/or make this available to them via website location with other Manufacture.
17.The terms of this MAP Policy are confidential and should not be disclosed to other parties. This MAP Policy has been established by Benebone to help ensure the legacy of Benebone as a top producer of high quality products and to protect the reputation of its name and products. This MAP Policy is also designed to avoid destructive intra-brand conflict and to ensure that dealers and distributors have the incentive to invest resources into Benebone customers.