MAP
Firebrand will issue printed price lists indicating the Manufacturer’s Suggested Retail Pricing (MSRP) and maintain a current listing with an effective date of MSRP on its internet website, which can be amended at any time by Firebrand at its sole discretion. Any priced advertisement in any media such as but not limited to internet or similar electronic media, radio, television, flyers, posters, catalogs, mail order catalogs, magazines, email newsletters, email solicitations, coupons, mailers, inserts, newspapers, and public signage must be not below the published MSRP as indicated on the printed price list or Firebrand website. Any pricing advertised that is less than the current printed price list or MSRP list on the Firebrand website will violate this MAP policy and be subject to enforcement procedures, as identified later in this document.
Sales of any Firebrand products listed on the current price list through third-party retailers (such as eBay and Amazon) must not be below the current MSRP as indicated on the printed price list or Firebrand website.
This MAP Policy applies only to advertised prices. It does not apply to the actual price that Firebrand products are sold or offered to an individual consumer within the reseller’s location or over the telephone. Resellers are free to sell Firebrand products at any price they choose under these circumstances.
The inclusion in advertising of any free or discounted products with a product covered by this MAP Policy would be contrary to this MAP Policy if it has the effect of discounting the advertised price of the included Firebrand product below the published MSRP as indicated on the Firebrand internet website or printed price list.
This MAP Policy does not establish maximum advertised prices. Resellers may offer Firebrand products at any price above the published MSRP.
Pricing listed on an internet site is considered an “advertised price” and must adhere to this MAP Policy. However, once the pricing is associated with an intent to purchase (adding to shopping cart or order), the price becomes the selling price and is not bound by this MAP Policy. Therefore, statements such as “add to basket to see the price,” “we will match any price,” “call for price,” or similar phrases are acceptable as long as the price advertised or listed for the products must be not below the current MSRP as indicated on the printed price list or Firebrand website. In addition, discounts applied at checkout to the customer’s entire order based on customers purchasing history with the Reseller, such as discounts for “frequent shoppers,” do not violate this MAP Policy.
Firebrand reserves the right to offer promotions on certain products. In such an event, we reserve the right to modify or suspend this MAP Policy in whole or in part by notifying all Resellers of the nature and duration of the change. Firebrand further reserves the right to adjust the MSRP concerning all or sure products at its sole discretion. Such modifications shall apply equally to all resellers.
Enforcement Procedures:
Firebrand has included its MAP Policy Enforcement Procedures in the Dealer Agreement to ensure all dealers signing the “acknowledgment” page are aware of the severity in which Firebrand will deal with violators of this policy. Any determinations by Firebrand under these enforcement procedures shall be binding upon the violator.
First Offense:
The dealer will receive notification of the nature of the violation and will be given thirty (30) calendar days to remove the offending print advertisements from publication and distribution and three (3) business days to remove any offending electronic advertisements from web pages, internet sites, or other electronic media.
Second Offense:
The dealer will receive a notification, and the account will be placed on a non-ship basis for thirty (30) days from the date of the notice.
Third Offense:
The dealer will receive a notification, and the account will be placed on a non-ship basis for sixty (60) days from the date of the notice.
Fourth Offense:
The dealer will receive a notification, and the account will be placed on a non-ship basis indefinitely.
The administration of this MAP Policy and any determinations made under it are solely within Firebrand’s discretion and authority. All questions about this MAP Policy should be in writing and directed via U.S. Mail to the Vice President of Marketing, Firebrand, 14025 County Highway G, Viola WI 54664. This policy is subject to change at Firebrand’s sole discretion.