Minimum Advertised Pricing ("MAP") Policy
AMMEX, Corporation ("AMMEX") is transforming the way consumers protect themselves and others by leveraging the innovative products of of AMMEX. The quality and volume of their shared AMMEX content, coupled with their enthusiasm for our brand, virally drives awareness and demand for our products.
We recognize that our success is tied to the success of our network of select authorized distributors. We also know that many of our distributors invest significant time and resources to deliver an extraordinary customer experience. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our distributor’s service and support efforts. As a result, AMMEX has unilaterally established this Minimum Advertised Price Policy ("MAP Policy").
AMMEX, in its sole discretion, reserves the right to discontinue doing business with any distributor that advertises any product(s) covered by this MAP Policy at a price lower than the indicated MAP. For the Canada MAP policy guidelines and pricing please refer to the following link: ______________
MAP General Guidelines:
1. (OPEN FOR DISCUSSION) The products covered by this policy are listed in the Vendor Trademark License and Usage Guidelines (Section 12), ("MAP Products"). AMMEX may in its sole discretion modify this list from time to time.
2. (OPEN FOR DISCUSSION) AMMEX recognizes that distributors are free to make their own decisions to advertise and sell any AMMEX product at any price they choose, without consulting or advising AMMEX. Similarly, AMMEX will exercise its sole right to make its own decisions regarding the AMMEX Authorized Partner Program ("AARA"), supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
3. The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or over the telephone.
4. AMMEX believes in maintaining a well-regulated and fair marketplace for all its authorized distributors. (OPEN FOR DISCUSSION) Please see the FAQ's for more information on the MAP policy and enforcement.
1. The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to 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.
2. The MAP Policy does not apply to solely on premise or in-store advertising that is not distributed to distributor’s customers.
3.Website features such as "click for price", automated "bounce-back" pricing e-mails, pre-formatted e-mail responses, forms, and 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 distributor (rather than by the distributor’s customer) and thereby constitute "advertising" under this MAP Policy.
4.It shall not be a violation of this MAP Policy to advertise that a distributor customer may "call for price" or "email for price", or to use similar language, specifically with respect to AMMEX Products, so long as no price is listed.
5.This MAP Policy also applies to any activity which AMMEX 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.
6. It shall not be a violation of this MAP Policy to advertise in general that the distributor has "the lowest prices" or will match or beat its competitors’ prices, or to use similar phrases; so long as the distributor does not include any advertised price below the MAP and otherwise complies with this MAP Policy.
7. From time to time, AMMEX may permit distributors to advertise MAP Products at prices lower than the MAP . In such events, AMMEX 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 distributors of such changes.
8. From time to time AMMEX may offer a direct manufacturer’s rebate to distributor’s customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer's rebate, provided that: i). the advertisement includes a MAP compliant price, the rebate amount, and the net price after manufacturer's rebate in the same type size and style; ii). an asterisk is placed next to the net price after manufacturer's rebate; and iii) the words "after manufacturer's rebate" appears in the same area of the advertisement as the advertised product.
1."Bundling" or advertising AMMEX products for sale together with other products violates this MAP Policy when:
i. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP; or
ii. the product(s) bundled with MAP Products violate AMMEX's intellectual property rights; or
iii. (OPEN TO DISCUSS) the product(s) bundled with MAP Products violate the AMMEX Vendor Trademark License and Usage Guidelines (Exhibit A) (http://AMMEX.com/authorized-reseller- program/us/trademark-policy/); or
iv. the product(s) bundled with MAP Products include words, packaging, graphics or other indicia which may create customer confusion as to the product(s) source; or
v. the effective or stated discount is greater than 15% of the highest priced item in the bundle.
2. Product(s) bundled with the MAP Products must not, without conspicuous warning, be on competitive products as defined by AMMEX.
3. Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy when:
i. the effective or stated price of the bundle represents an immediate discount of greater than 15% of the MAP; or
ii. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP after taking into consideration any contingent future purchase.
4. Rebate programs from AMMEX, whether on MAP Products or AMMEX's distributor’s products are exempt from this policy.
5. Policy Enforcement
A.If a distributor with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then AMMEX will consider this to be a violation by the distributor throughout all of its stores and websites.
B. AMMEX reserves the right to cancel any pending orders, restrict future orders, or suspend distributor’s account if AMMEX reasonably believes:
i. a distributor has violated the provisions of this policy; or
ii. a distributor intends to violate this policy.
C. AMMEX’s MAP Policy administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions.
D. Waivers to this MAP Policy may be granted in AMMEX's sole discretion by the MAP Policy administrator in writing. AMMEX Sales, Marketing, or 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, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.
E. AMMEX monitors the advertised prices of dealers, either directly or via the use of 3rd party agencies or tools. Distributors are expected to provide reasonable cooperation in any AMMEX investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with an AMMEX MAP Policy investigation is a violation of this MAP Policy.
F. The MAP Policy will be enforced by AMMEX in its sole discretion and without notice. Distributors, Dealers, resellers, have no right to enforce the MAP Policy. Violations of this 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 this MAP Policy should be directed to: [email protected]