MAP Policy (last modified February 27, 2019)
We recognize 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, Frictionless World has unilaterally established this Minimum Advertised Price (“MAP”) Policy. This policy has been established to protect and support all resellers, as well as consumers of Frictionless World products. The intention is not to interfere with the business of our resellers.
1. POLICY STATEMENT
The Frictionless World MAP Policy is a unilateral policy, and it only applies to advertised prices. Frictionless World, 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. The MAP Policy is not intended to control, influence, determine, restrict, or limit, in any way the price at which a Frictionless World dealer may sell our products.
2. GENERAL GUIDELINES
The products covered by this policy are listed in Section 5 (“MAP Products”). Frictionless World may in its sole discretion modify this list periodically.
Frictionless World recognizes that dealers are free to make their own decisions to advertise and sell any Frictionless World product at any price they choose, without consulting or advising Frictionless World. Similarly, Frictionless World will exercise its right to make its own decisions regarding all aspects of the Frictionless World authorized reseller program.
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.
3. ADVERTISING GUIDELINES
As a rule of thumb, any time a price is shown prior to the product being placed “in-cart,” it is considered advertising and the price shown must comply with the MAP Policy.
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.
Website features such as “click for price,” automated “bounce-back” pricing e-mails, preformatted e-mail responses, forms, 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.
This MAP Policy also applies to any activity which Frictionless World determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy.
The MAP Policy does not apply to solely on-premise or in-store advertising that is not distributed to customers or advertising on the site of a local event or trade show.
This MAP Policy also does not apply to the advertising price of used and/or non-current products.
Dealers are permitted to offer “value-added” incentives in advertisements for frictionless World products that increase the value and experience of the customer, as long as no mention of the monetary value is indicated for these value-added offers. Similarly, 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 Frictionless World products, so long as no price is listed.
From time to time, Frictionless World may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, Frictionless World reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time. See Section 5 (MAP Products) for defined amnesty periods as set forth in the MAP Policy.
4. POLICY ENFORCEMENT
If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then Frictionless World will consider this to be a violation by the dealer.
Frictionless World reserves the right to cancel any pending orders, restrict future orders, or suspend dealers’ account if Frictionless World reasonably believes a dealer has violated the provisions of this policy; or a dealer intends to violate this policy.
Frictionless Worlds MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions. Dealers, distributors, resellers, have no right to enforce the MAP Policy.
Frictionless World sales and support representatives are not authorized or permitted to discuss or answer questions about the enforcement and/or non-compliance (or lack thereof) of any other Dealer.
Waivers to this MAP Policy may be granted in Frictionless Worlds sole discretion by the MAP Policy Administrator in writing.
Frictionless World’s 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.
Frictionless World 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 Frictionless World investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Frictionless World MAP Policy investigation is a violation of this MAP Policy.
Frictionless World will enforce the Map Policy evenly and consistently among all of our resellers. In the event of a MAP Policy violation, all reseller accounts shall have a period of forty-eight (48) hours to bring advertising into compliance or Frictionless World reserves the right to cancel any pending orders and cease filling any new orders for the product(s) in violation of this MAP Policy.
For an initial violation, Frictionless World will cancel any pending orders and cease filling any new orders for a period of thirty (30) days.
For a second violation by a reseller within one (1) year of the initial violation, Frictionless World, at its discretion, reserves the right to cancel any pending orders or cease filling orders for a period of greater than thirty (30) days.
Repeated infractions of this MAP policy may result in termination of dealer status.
5. MAP PRODUCTS: