Minimum Advertised Price (MAP) Policy
Rideworx Pty Ltd. Manufacturer of BARKBUSTERS HANDGUARDS
Rideworx Pty Ltd manufacturer of BARKBUSTERS HANDGUARDS (hereafter “BARKBUSTERS”) has built a strong reputation and following among consumers and has established a quality distribution network that actively promotes, educates and advertises our products to consumers. BARKBUSTERS believes that marketing products bearing the BARKBUSTERS Trademarks at prices significantly below the manufacturers stated retail (“MSRP”) stated in its Price List undermines the industry reputation and market value of its Products. Therefore, BARKBUSTERS has established a minimum advertised price (“MAP”) policy for its products which is intended to protect the goodwill, market value, reputation, and image of BARKBUSTERS and its Trademarks and Products.
The minimum advertised price for all BARKBUSTERS products shall be the MSRP as stated in BARKBUSTERS most recent product/price sheets. No BARKBUSTERS Trademark or Copyrighted Material may be displayed in advertisements which do not comply with this MAP Policy.
Distributors shall provide each Dealer Outlet with a complete copy of the BARKBUSTERS MAP Policy.
THE MAP POLICY SHALL BE APPLIED AS FOLLOWS:
- The MAP policy applies to all advertisements of BARKBUSTERS products in any and all media, including, without limitation, flyers, posters, coupons, direct mailers, brochures, inserts, newspapers, magazines, catalogs, mail-order catalogs, public signage, other print media, television, radio, e-mail, internet websites, e-commerce, and any other electronic media. Free shipping and/or handling or free financing promotions do not violate the MAP policy.
- The inclusion in advertising of free or discounted products, rebates, or bundled promotions, with a product covered by the MAP policy, would violate the policy when it reduces the advertised “net price” of the covered product below the MAP. “Net price” is defined as the price less the value of any advertised discounts or rebates.
- MAP applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the dealer, distributor, or retailer’s retail location or over the telephone, provided communication is not automated and is given by person to person communication.
- A “click for price” button on a website, or any similar buttons, group discount systems, keyed discount codes or automated price quotation transmission that displays a price lower than MAP is a violation of this policy.
- Advertisements indicating that “they have the lowest prices”, they “will meet or beat any competitors price”, that prices are “too low to show”, that consumers should “call for a price”, or phrases of similar nature, or appearing as “strike through” or “mark out” will be in violation of the policy where they imply the price will be less than the MAP.
- Any advertisement indicating or implying that a price below MAP is available
- It will be a violation of this MAP Policy for any outlet to support, supply or in any way facilitate other distributors, retailers or Outlets who advertise BARKBUSTERS Products in violation of this MAP Policy.
- This MAP policy is not a contract or agreement, and BARKBUSTERS does not seek nor will it solicit or accept any dealer, distributor, or retailer’s agreement with our policy; nor will BARKBUSTERS discuss your pricing or the pricing of others. This MAP policy is a unilateral policy upon which BARKBUSTERS is willing to market its products, and sales personnel have no authority to modify or grant exceptions.
- This MAP policy has been established by BARKBUSTERS to help ensure BARKBUSTERS quality products and to protect the reputation of its name, goodwill, standards, and Trademarks. The MAP policy is also designed to avoid destructive intra-brand channel conflict; protect the interests of our dealers, distributors, and retailers and to ensure same have the incentive to invest resources into services for BARKBUSTERS customers.
- BARKBUSTERS reserves the right to modify this Policy at its sole discretion.
Violation of BARKBUSTERS MAP Policy
Failure to abide by this MAP Policy will result in sanctions to the Outlet. The level of sanctions will be determined by BARKBUSTERS in its sole discretion. Upon first offense, a notice of violation will be issued to the dealer and there will be a period of 5 days from notification allowed for the removal of the violating advertisement. Upon any second violation, a second notice of violation will be issued and the dealer will be automatically suspended from purchasing Barkbusters products for a period of 60 days. If a third violation occurs then a third written notice will be issued and the dealer will be placed on a do not sell list regarding all products under the Barkbusters trademark.
Updated: September 2018