MINIMUM ADVERTISED PRICE (MAP) POLICY
RAH Technologies, llc, (RVCPTM) products are engineered, tested, and approved so customers can be confident they will fit and operate as expected. We have put a voluminous amount of time and resources into the development and marketing of our products. RVCP appreciates the support and dedication of our network of qualified distributors. We want to continue to expand and work with distributors who market RVCP products and exemplify excellent customer service. Resellers who promote discounted pricing of RVCP’s products affect not only the perceived value of the product but limit resellers ability to provide excellent before and after the sale customer service. In an effort to preserve the value and integrity of our brand, and affiliated brands under which our products are marketed (including, but not limited to, RVCPTM,) and the reputation for providing customers with high value products and strong aftermarket support, and to further enhance our image and competitiveness in the marketplace, RVCP is unilaterally establishing a Minimum Advertised Pricing Policy to support our distributors and dealers.
1. Minimum Advertised Price (MAP) Introduction
This policy establishes advertised price standards for RVCP’s products (refer to Exhibit A for a complete list of products covered by the MAP Policy). Advertising of RVCP to the general public must comply with the MAP in order to be eligible for (1) any promotional funds, (2) use of RVCP’s logos, images, and intellectual property, and (3) supply or distribution of product.
MAP applies only to the advertised price to the consumer / retail end-user, not to the price at which the products may actually be sold (refer to Section 3 for stipulations of an advertised price). This MAP policy does not establish maximum advertised prices. Distributors are free to set their own resale price independently. RVCP has no authority to define what a distributor’s resale, dealer, or jobber prices must be or to otherwise interfere with the establishment of resale prices. Nor do we have authority to define or interfere with a dealer’s actual sell price to the consumer / retail end-user.
2. Policy Coverage
This MAP Policy covers all RVCP distributors, resellers, dealers, and retailers located in the United States of America. Although resellers remain free to establish their own resale prices, RVCP will, without assuming any liability, unilaterally impose sanctions as described in this policy against those who advertise the covered products at prices below those specified herein. RVCP will not discuss any conditions of acceptance related to this MAP Policy, as it is non-negotiable and will not be altered for any reseller. RVCP neither solicits, nor will it accept, any assurance of compliance with this MAP Policy. This MAP Policy does not constitute an agreement between RVCP and any dealer, distributor, or reseller. Compliance with this MAP Policy does not evidence any kind of agreement between the reseller and RVCP. This policy will go into effect with full enforcement on March 1st, 2019.
3. Scope and Stipulations
This policy applies to all forms of consumer advertising including mailings, facsimiles, catalogs, displays at consumer exhibitions and shows, radio, television, and any and all other forms of advertising media, including, without limitation, the Internet and any other electronic network. Any price information relating to RVCP’s products on an Internet website that can be accessed directly through any hypertext link or by any other method that uses the hypertext protocol (http) is considered to be advertising for purposes of this policy. Resellers are responsible for ensuring that their pricing is at or above the MAP Price on internet search engines.
This policy does not apply to business-to-business advertising.
The current listing of covered products and their associated MAP can be found within this Policy under Exhibit A. RVCP may change or alter products and MAP at any time at RVCP’s sole discretion. Price changes generally occur on an annual basis, but RVCP reserves the right to change pricing at any time. When applicable, price changes will be effective the 1st of the month. Resellers will have 15 days to update pricing on digital platforms and 90 days to update print materials. Resellers are responsible for remaining current with MAP Policy. Failure to comply will be a violation of the policy. 1
The MAP Policy applies to all consumer media advertisements of RVCP’s products without limitation:
- Print advertising such as posters, newspapers, magazines, print inserts, Yellow Pages, and other directories. The MAP Policy is not applicable to any in-store advertising.
- Broadcast advertising such as radio and TV.
- Direct advertising such as catalogs, flyers, coupons, newsletters, direct mail pieces, and broadcast faxes, whether mailed, hand delivered, or shipped in- box with product. Electronic mail advertising under MAP price. Any web pages that link from the electronic mail are considered part of the e-mail advertisement.
- Internet advertising such as banner and pop-up ads.
- Any web site accessible to the public including retail sites, club membershipsites, shopping sites, auction sites, forums, etc.
- Any method which uses the hypertext transfer protocol (http) or any internal link to a web-based shopping cart is considered
“advertising” under this MAP Policy. Website features as “click for price”, “add to cart for price”, “call for price”, “chat for price”, or “email for price”,
pre-formatted e-mail responses, and other similar features are considered to be communications initiated by the reseller (rather than by its customer) and constitute “advertising” under this MAP Policy. The MAP policy does NOT apply once an item is placed in a customer’s web-based shopping cart.
- It shall NOT be a violation of this MAP Policy to advertise that a customer may “call for information”, “email for information”, or “chat for information”, or to use similar language. Actual prices charged or offered to consumers may be provided in direct response to such requests by telephone, email, or chat message. Such communications, which are responses to communications initiated by the customers (rather than the reseller), shall not be considered “advertising” under this MAP Policy.
- 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.
- Bundling and Value-Added Offers: All bundles must be advertised at or above RVCP’s cumulative MAP Policy price. If a MAP covered product is bundled with a non-RVCP product, the advertised bundle price must be at or above the MAP Policy price of the covered product plus the price of the non-RVCP product, if sold separately.
- Gift Cards and Rewards Programs: Gift cards and rewards program points can be offered to consumers who buy RVCP products, as long as the gift cards or rewards points are offered on all parts (RVCP and non-RVCP) sold by that Reseller. The gift card or rewards points cannot be applied on the initial purchase transaction, it must be applied to a future consumer purchase.
- Free Shipping: Free shipping can be offered to consumers who buy RVCP products, as long as free shipping is offered on all parts (RVCP and non- RVCP) sold by that Reseller.
- Discounts and Savings “Call-Outs”: Advertisements for RVCP products may include category, percentage or specific dollar amount discounts. If such discounts result in a net price lower than the MAP Policy price of a RVCP product, then such advertisement will be a MAP violation unless the category discount applies proportionally to similar products or suppliers.4. Enforcement
RVCP will enforce this policy through its own staff and outside consultants and agents. This MAP policy will be uniformly enforced. RVCP will unilaterally make all determinations relating to a violation of the MAP policy to its sole satisfaction. All violations are subject to RVCP’s review and approval. There will be no negotiations or appeals. There are no exceptions to the policy. Resellers have no right to enforce the MAP Policy. A reseller is responsible for its own advertising and RVCP does not have the resources will not determine whether a violation is intentional or accidental.
• A written notice will be given by our MAP monitoring agent, constituting a warning to the reseller that they have committed their first violation(s) of the MAP policy. The reseller will have three business days to comply before it is considered a second infraction.
• A written notice will be given by our MAP monitoring agent, constituting a
second and final warning to the reseller that they have committed their second violation(s) of the MAP policy – or have failed to make corrections necessary to be compliant after their first notice of violation. The reseller will have two business days to comply before it is considered a third infraction.
• A written notice will be given by our MAP monitoring agent, constituting a
formal declaration of the following sanctions on the reseller for committing their third violation(s) of the MAP policy:
o Forfeiture of the use of RVCP’s logos, imagery/artwork, and intellectual property.
o Suspension of product shipment (from RVCP directly and from RVCP’s network of parts distributors and dealers) for a period of 12 months from the date of the violation.
o Forfeiture of any promotional funds and/or program benefits if the reseller is an authorized or participating member of RVCP’s network of parts distributors and dealers for a period of 12 months, beginning with the month of infraction.
5. Policy Modifications
RVCP reserves the right at its sole discretion to modify, suspend, or discontinue the MAP Policy in writing at any time in whole or in part. RVCP may designate promotional periods during which the terms of the policy change or designate periods of time during which the policy is not applicable.
EXHIBIT A PRODUCTS COVERED • POWERED TONGUE JACK – RVCP GX1 Part # Rp35js1a