MAP Policy

MINIMUM ADVERTISED PRICE (MAP) POLICY
 

WARRANTY KILLER PERFORMANCE PRODUCTS

MINIMUM ADVERTISED PRICE (MAP) POLICY 

Warranty Killer Performance Products (WKP) MAP Policy is intended by Warranty Killer Performance Products to enhance the brand image and value of Warranty Killer Performance’s products to retail consumers and to encourage dealers and distributors to promote and invest in sales and the quality of service which Warranty Killer Performance offers.

Warranty Killer Performance’s MAP Policy does not apply to actual in-store pricing. In-store retail pricing for any Warranty Killer Performance product is the decision of the Warranty Killer Performance customer and this policy is the responsibility of the Warranty Killer Performance customer.

Our MAP Policy does not apply to in store point-of-sale merchandising such as signs, stickers, hangtags, or barcodes and similar markings on Warranty Killer Performance’s products, phone sales, or other store displays that state the retail prices at which the Warranty Killer Performance product may be purchased.

The Warranty Killer Performance MAP Policy applies to all media advertising (“Advertising”) which includes, but is not limited to radio, TV, posters, broadcast media, cable, newspaper, magazine, catalogs (either paper or electronic), direct mail, distributed printed materials, and emailed materials. Warranty Killer Performance MAP policy also includes all internet sites, including auction sites, social media, other internet and transmitted digital materials.

1. Warranty Killer Performance Dealers who comply with this Warranty Killer Performance MAP Policy may use Warranty Killer Performance’s’ Intellectual Property and logo to advertise. Warranty Killer Performance’s trademarks, trade names, logos, and tag lines and all other intellectual property belong to Warranty Killer Performance and remain the exclusive intellectual property of Warranty Killer Performance.

2. Warranty Killer Performance’s products may not be sold below MAP by a dealer, distributor, or a distributor’s customer through third party listing exchanges such as Amazon, EBay, Walmart Market Place, Sears Market Place, and any other similar online marketplace site. Warranty Killer Performance’s products also may not be sold through any type of auction website.

3. Warranty Killer Performance from time to time establishes and publishes a price list for its products including Manufacturer’s Suggested Retail Price (MSRP), which may be amended or adjusted at any time wholly within Warranty Killer Performance’s sole discretion. This MSRP will be identified with an effective date. When advertising includes references to MSRP, or a price for any Warranty Killer Performance product, the price in the advertising must be equal but not less than 10% of MSRP for the items being advertised. Advertised prices lower than this will be a violation of Warranty Killer Performance’s MAP policy.

4. The dealer may set its own price in store but any out-of-store advertisement of prices must abide by this Warranty Killer Performance MAP Policy.

5. Rebates may be advertised an issued by the dealer but advertised discounts must not result in the net price falling below the Warranty Killer Performance’s MSRP less 10%.

6. For items Warranty Killer Performance determines to be closeout/discontinued items, Warranty Killer Performance will specify the discounts off of MAP.

7. Warranty Killer Performance may from time to time choose to offer special promotions on certain products. In the event that such promotions exist Warranty Killer Performance reserves the right to modify or temporarily suspend its MAP Policy in whole or in part by notifying dealers and distributors of the duration and details of the change. Warranty Killer Performance additionally reserves the right to alter the MSRP with respect to all or any products it sells at its sole discretion. All such changes in MSRP shall apply equally to all dealers and distributors.

8. Warranty Killer Performance may offer rebates direct to consumers which may constitute pricing below MAP.

9. Intentional and/or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed by Warranty Killer Performance. The level of sanctions will be determined by Warranty Killer Performance in its sole discretion and may include indefinite termination of sales to dealer or distributor. Warranty Killer Performance need not provide prior notice or issue warnings before taking any action under this MAP Policy.

10. Suspension means cancellation of all scheduled deliveries of Warranty Killer Performance product, no further deliveries, and no rights to use Warranty Killer Performance’s’ Intellectual property in any way including but not limited to advertising.

11. Warranty Killer Performance’s MAP Policy is established unilaterally by Warranty Killer Performance and is not subject to negotiation. Warranty Killer Performance is obliged to enforce Warranty Killer Performance’s MAP Policy uniformly and fairly and will do so and enforce policy entirely on its own accord.

12. Warranty Killer Performance Products may discontinue or update the Warranty Killer Performance Products MAP Policy at any time.

13. All distributors of Warranty Killer Performance Products agree to supply a copy of this MAP Policy to any existing or new customers that purchase products from said distributor.

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