Minimum Advertised Price Policy
October 1, 2014
Firebrand Design, LLC. (“Firebrand”) manufactures the most innovative, highest quality exhaust and performance accessories in the industry. All Firebrand products are positioned to be competitively priced while offering resellers fair margins. In an effort to maintain the perceived value and superior image of our brand, Firebrand has established a unilateral policy (the “Policy) regarding the minimum advertised price (“MAP”) of its products. This policy applies to resellers, including catalog, magazine and internet, who sell Firebrand products to customers located in the United States.
- This policy applies only to the advertised pricing of Firebrand products and does not limit a retailer’s right to set its own prices.
- The MAP is defined as 10% below the manufacturer’s suggested retail price (MSRP). Each advertisement of a Firebrand product, name, trademark or logo below the MAP will be considered a violation of the policy.
- Firebrand will publish its MSRP list on its website and may update it at any time in its sole discretion.
- Types of advertising covered by this policy include, but are not limited to:
o Print advertising such as magazines and catalogs.
o Direct advertising such as brochures, flyers, and direct mail pieces.
o Electronic solicitations such as email, texts or websites that link from email.
o Internet advertising such as banner or pop-up ads.
o Website advertising such as reseller web pages, shopping sites, internet auctions, internet forums, social media etc.
- Internet auctions with “buy it now” or reserve prices below the MAP will be considered a violation of the policy.
- Pricing information displayed for potential customers who follow links such as “click for price”, “price too low to advertise” or similar is considered advertising and a violation of the policy.
- Once a product is placed in an internet shopping cart by “add to cart” or similar link, it is considered a consent to buy. The price showing at this point is the selling price and is therefore not a violation of the policy as long as the price advertised is not more than 10% below the MSRP.
- Distributors of Firebrand products will supply a copy of this Policy to any new or existing reseller for their records.
ADMINISTRATION / VIOLATIONS
This is a unilateral policy and will be administered and enforced by Firebrand in its sole discretion. Firebrand reserves the right to amend this policy at any time.
Resellers have the freedom to sell Firebrand products at any price. However, if Firebrand determines that a reseller is advertising Firebrand’s products below the MAP, or it is otherwise violating this policy, Firebrand will impose the following penalties:
- 1st Violation: A verbal or written warning. The reseller will have 24 hours to comply before it is considered a second violation.
- 2nd Violation: A written notice will be issued and the reseller’s right to purchase Firebrand products will be suspended for a period of 90 days.
- 3rd Violation: A written notice will be issued and the reseller’s right to purchase Firebrand products will be suspended for a minimum of 1 year.
The most current version of this policy is available at http://www.firebrandmotorcycle.com/map-policy. The current MAP price list is available at http://www.firebrandmotorcycle.com/price-guide. If you have questions concerning this policy, require logos and/or photos, please email email@example.com or call 714-632-1300.