BRAUM MAP POLICY
1. IntroductionBRAUM Racing recognizes that our success is tied to the success of our network of select authorized dealers. We also know that many of our dealers 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 dealer’s service and support efforts. As a result, BRAUM Racing has unilaterally established this Minimum Advertised Price (“MAP”) Policy.
2. Policy StatementBRAUM Racing, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower than the MAP.
3. General GuidelinesBRAUM Racing, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower than the MAP.
- All products by BRAUM Racing and BRAUM Racing's partners are covered under this MAP Policy. BRAUM Racing may in its sole discretion modify its product line from time to time.
- BRAUM Racing recognizes that dealers are free to make their own decisions to advertise and sell any BRAUM Racing product at any price they choose, without consulting or advising BRAUM Racing. Similarly, BRAUM Racing will exercise its right to make its own decisions regarding the BRAUM Racing Wholesale Program, supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
- 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.
- BRAUM Racing believes in maintaining a well regulated and fair marketplace for all its authorized resellers. Please see the FAQ below for more information on the MAP policy and enforcement.
4. Advertising Guidelines
- 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.
- 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, 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 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 BRAUM Racing Products, so long as no price is listed.
- This MAP Policy also applies to any activity which BRAUM Racing 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 MAP and otherwise complies with this MAP Policy.
- From time to time, BRAUM Racing may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, BRAUM Racing reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
- From time to time BRAUM Racing may offer a direct manufacturer’s rebate to 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. “*after manufacturer's rebate” appears in the same area of the advertisement as the advertised product.
5. Bundling Guidelines
- “Bundling” or advertising BRAUM Racing products for sale together with other products will violate this MAP Policy.
- Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy.
- Rebate programs from BRAUM Racing, whether on MAP Products or BRAUM Racing's partners' products are exempt from this policy.
6. Policy Enforcement
- If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then BRAUM will consider this to be a violation by the dealer.
- BRAUM Racing reserves the right to cancel any pending orders, restrict future orders, or suspend dealers' account if BRAUM Racing reasonably believes:
- i. a dealer has violated the provisions of this policy; or
- ii. a dealer intends to violate this policy.
- BRAUM Racing's MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy as occurred, as well as determining appropriate sanctions.
- BRAUM Racing monitors the advertised prices of dealers, either directly or via the use of 3rd party agencies or tools. Dealers are expected to provide reasonable cooperation in any BRAUM Racing investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a BRAUM Racing MAP Policy investigation is a violation of this MAP Policy.
- The MAP Policy will be enforced by BRAUM Racing in its sole discretion and without notice. Dealers, distributors, resellers, have no right to enforce the MAP Policy. Violations of this 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@example.com
MAP Policy – FAQQ: Do I need to sign the MAP Policy indicating that I agree with its provisions?
A: No. The MAP Policy is not an agreement between BRAUM Racing and the dealer. It is a policy that BRAUM Racing is unilaterally implementing for all members of the BRAUM Racing distribution network in order to maintain the integrity of BRAUM Racing products. The purpose of this policy is to inform all members of the BRAUM Racing distribution network that there are certain consequences for deviating from BRAUM Racing's MAP Policy.
Q: What happens if I receive a notice of MAP violation?
A: Accounts with MAP violations will be placed in “Non-Compliance” status in our system and a "Stop Ship" notice will be placed on the account; the “Non-Compliance” and “Stop Ship” designations will be removed 7 days after the MAP violation is corrected. You must notify BRAUM of the correction at firstname.lastname@example.org. BRAUM Racing will not process any new orders for your account if you are placed under “Non-Compliance” and/or “Stop Ship” status.
Q: Will BRAUM Racing take additional actions in regards to MAP violations?
A: BRAUM Racing reserves its right to take additional actions including termination of our relationship with your company, as well as any available remedies at law.
Q: What about price matching other retailers?
A: BRAUM Racing does not allow advertising any MAP covered product below MAP price under any circumstance.