Effective March 1, 2018, a Minimum Advertised Price (“MAP”) policy will be in effect for all United Safety Apparatus, Inc. (“United Safety”) resellers.
United Safety invests a significant amount of time and assets to build its Safe T Plus product line products that have strong consumer recognition and high perceived value. Our MAP policy is intended to (i) promote and maintain brand loyalty, (ii) build customer care expectations when consumers purchase United Safety products directly from our resellers, (iii) protect reseller margins, and (iv) avoid destructive channel conflicts created by resellers aggressively discounting prices.
The failure by any United Safety reseller to adhere to the established MAP policy can reduce or detract from the overall value of United Safety’s products. Therefore, if United Safety or a United Safety distributor, reseller, or dealer agrees to allow your company to sell our products, you will need to abide by the following requirements.
1. MAP Policy
a. The MAP for any United Safety product shall not be less than the MAP on attached MAP price list (or the latest version of MAP price list provided to you or available on the United Safety website), net of all discounts, premiums, coupons or other allowances. Bundled product must also comply with this MAP policy and will be in violation of such if the effective or stated price represents a discount.
b. Any advertisement that expressly or by implication advertises a United Safety product below its MAP is considered a violation of the MAP policy, including any reference to a product being on sale, offered at a discount, or eligible for a promotion (or any comparable reference that implies a price below the MAP), whether or not a specific price is displayed. Under this MAP Policy, a reseller must exclude United Safety products from advertised discounts, coupons, sale offers, or any other advertisements that promote a reduced price for reseller’s products, by prominently stating that United Safety’s products excluded.
c. This MAP policy applies to all solicitation of sales and advertisements of United Safety products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, Internet, Internet landing pages, outdoor ads, signage inside reseller’s location if such is intended to be viewed from outside the location, webcasts, social media sites, mobile aps, comparison ads, paid search ads, or similar electronic media, television, radio, and public signage.
d. This MAP policy applies only to advertising and does not in any way limit a resellers’ right to set its own prices. Resellers are free to and should establish their own pricing.
e. This MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s).
f. The MAP does not establish maximum advertised prices. All resellers may offer United Safety products at any price more than the MAP.
g. Resellers that advertise “click for a better price,” “call for a better price” or similar statement will be deemed in violation of this MAP policy.
h. Reseller agrees to hold all trademarks of United Safety as the property of United Safety and use advertising materials provided by United Safety in an authorized manner only.
i. The decision by United Safety to institute this MAP policy is unilateral and does not constitute an agreement with any other person. United Safety does not seek the approval or the agreement of compliance of any distributor or reseller. United Safety will not discuss any conditions or assurance of acceptance related to this MAP policy, it is non-negotiable, and will not be altered for any reseller.
2. MAP Policy Violations
In the event a reseller chooses to market and advertise prices below MAP, sanctions will be unilaterally imposed by United Safety. Violations of this MAP policy shall be determined by United Safety in its sole discretion.
i. Upon written notice to a reseller of its first violation of this MAP policy, reseller shall have 30 days from such notice to correct the advertised price to comply with this MAP policy.
ii. Upon written notice to a reseller of its second violation of this MAP policy, United Safety will refuse all purchase orders and suspend shipment of pending orders from a reseller for a period of 30 days.
iii. Upon written notice to a reseller of its third violation of this MAP policy, United Safety may immediately terminate its relationship with reseller and terminate reseller’s ability to purchase United Safety products.
a. United Safety reserves the right to modify, suspend, or discontinue this MAP policy in whole or in part at any time. United Safety may designate promotional periods during which the terms of this MAP policy change or designate periods of time during which this MAP policy is not applicable.
b. MAP pricing is established solely by United Safety and may be adjusted by United Safety at its sole discretion.
c. No United Safety employee or representative has been or will be authorized to modify or change this MAP policy.
d. This MAP policy applies to all United Safety retailers and distributors, including internet retailers located in the US and the terms of this MAP policy do not apply to the extent any state or United States territory by statute or other applicable law expressly prohibits policies on minimum advertised prices.
e. This MAP Policy is confidential, and resellers should not disclose this MAP policy to any other person or entity.
United Safety believes this policy will ensure your success as a reseller of our products by supporting the image of the United Safety Brands in the marketplace.
PLEASE REVIEW THIS DOCUMENT CAREFULLY AND COMMUNICATE IT TO ALL INDIVIDUALS WITHIN YOUR ORGANIZATION. IT GOVERNS CERTAIN CONDITIONS OF SALE FOR FUTURE ORDERS.