BPI Sports Minimum Advertised Price (MAP) Policy
As of June 6, 2017, BPI Sports, LLC is adopting this unilateral Minimum Advertised Price Policy (hereinafter referred to as the “MAP Policy” or the “Policy”) which applies to all retailers, distributors, resellers, and internet retailers (collectively, “Resellers”) reselling BPI Sports products (the “Products”) in the United States.
This Policy does not constitute an agreement between any Reseller or other party and BPI Sports, LLC. Each Reseller must independently choose whether to comply with the terms of this Policy. BPI Sports, LLC neither solicits nor will it accept any assurance of compliance with this Policy from any Reseller or other party. This Policy is not negotiable and will not be altered for any individual Reseller. Our MAP Policy terms are as follows:
- The MAP Policy applies to Products listed in the BPI Sports, LLC Minimum Advertised Price List (hereinafter, the “MAP Products”), which BPI shall make available to all Resellers. BPI Sports, LLC will establish the minimum advertised price (“MAP”) for each MAP Product under the Policy. The MAP for any MAP Product may be adjusted at BPI Sports, LLC’s sole discretion.
- It is a violation of the MAP Policy for any Reseller to advertise a MAP Product at a price lower than the published MAP.
- The MAP Policy does not apply in any way to a Reseller’s actual selling prices. Rather, the sales prices for all Products remain solely at the Reseller’s discretion.
- The MAP Policy applies to all advertisements of MAP Products in any media, including and without limitation to: flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail-order catalogs, online or similar electronic media such as websites, email newsletters, email solicitations, television, radio and public signage.
- The MAP Policy is not applicable to any in-store advertising that is not distributed to customers. In-store displays, point of-sale signs, hangtags, bar codes or similar marks on Products or Product packaging stating pricing are not considered “advertising” for purposes of this MAP Policy. For purposes of this Policy, “advertising” prices on internet sites refers to, without limitation, displaying a price for any MAP Product, along with a picture, description, or listing of the MAP Product on any webpage preceding the online “shopping cart” or “checkout” page ons which the transaction is consummated.
- Bundling, including a free or discounted Product, with another Product covered by the MAP Policy is compliant.
- Pricing displayed (in advertising) with strike-throughs or any other alterations is not compliant with our Policy.
- The MAP Policy does not address maximum advertised prices. Resellers can advertise Products at any price, even exceeding the MAP established for such Products.
- The MAP Policy does not address or prohibit the Reseller from advertising that they: “have the lowest prices,” “will meet or beat any competitor’s price,” that consumers should “call for a price,” or similar claims as long as any price advertised for any MAP Product is not LESS than MAP.
- From time to time BPI Sports, LLC may, in its sole discretion, initiate promotions for Products covered by the MAP Policy. In this regard, BPI Sports, LLC may adjust MAP for existing, discontinued, or newly-released Products. In such events, BPI Sports, LLC reserves the right to modify or suspend the MAP Policy regarding the affected Products and will provide notice of such modifications or suspensions to Resellers.
- A Reseller is free to advertise Products at prices it determines. However, BPI Sports, LLC reserves the right to audit its customers. Therefore, if BPI Sports, LLC determines, in its sole judgment, that a Reseller’s advertising is inconsistent with the MAP Policy, a written notice of the inconsistency will be provided to the Reseller. Following a second violation of the MAP Policy, BPI Sports, LLC will suspend the acceptance and fulfillment of orders submitted by the Reseller and/or place Reseller on a list of unauthorized sellers for a thirty (30) day period. Following a third violation of the MAP Policy, BPI Sports, LLC will permanently terminate its business relationship with such Reseller.
- The foregoing MAP Policy and any MAP Product Listings are subject to modification, suspension, or discontinuance by BPI Sports, LLC, in its sole and absolute discretion. BPI Sports, LLC maintains the most up-to-date version of the Policy at: bpisports.com/MAP-Policy.
This Policy is non-negotiable and will not be altered for any individual Reseller. No Reseller, distributor, or wholesaler has any right to enforce this Policy; rather, BPI Sports, LLC will monitor and enforce this Policy in its sole discretion. Should you have any questions regarding the Policy, please direct them to MAP@bpisports.com. Please note, no BPI Sports, LLC employee, sales representative, or other agent has any authority to modify, interpret, grant exceptions to, or solicit or obtain agreement of any person to this Policy. Any action of any person, which claims to modify this Policy or to solicit or obtain the agreement of any person to the Policy, is unauthorized and invalid. Further, no BPI Sports, LLC employee or agent is authorized to discuss any aspect of this Policy with any Reseller, including that Reseller’s or any other Reseller's compliance with the terms of the Policy.
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