MAP Policy

Applicable Territory:  United States

 

MINIMUM ADVERTISED PRICE POLICY

 

To preserve its reputation for providing customers with superior quality products and strong customer service, and to further enhance the Jasco Products Company, LLC (“Jasco”) line of branded products and its competitiveness in the marketplace, Jasco is unilaterally instituting this updated policy of minimum advertised price standards for Jasco products. This updated Minimum Advertised Pricing Policy (“MAP Policy”) will become effective October 1, 2015 and will apply to distributors and retailers, including catalogs and internet retailers (collectively, “Resellers”), who resell Jasco products to end users located in the United States.  Resellers are responsible for the compliance of their customers with this MAP Policy.

This MAP Policy is designed to avoid destructive intra-brand conflict and to ensure that Resellers have the incentive to invest resources into services for customers of Jasco products.  Reseller advertising practices that promote Jasco products solely on the basis of price, and not product quality, service, and other factors, could be detrimental to Resellers’ service and support efforts, and also Jasco’s position in the marketplace and its reputation.  In addition, this allows some Resellers to unfairly take advantage of the marketing, service, or support investment of others related to the superior quality products Jasco provides.  Jasco believes these practices are unfair and harmful to Jasco and the brands it represents, and therefore strongly discourages this conduct. 

POLICY GUIDELINES

1.   Jasco reserves the right, in its unilateral and sole discretion, to take action, including terminations of its relationship with any Reseller that violates this MAP Policy.  Violations of this policy shall be determined by Jasco in its sole and absolute discretion.  Jasco will not accept any communication from a Reseller subject to this policy regarding violations or future compliance with the MAP Policy.  In certain instances, a first infraction of this MAP Policy may result in a warning and a fourteen (14) day opportunity to correct advertised pricing.  Thereafter, if a Reseller fails to correct the advertised pricing or to comply with this MAP Policy, Jasco may unilaterally and without notice or further warning, terminate its relationship with and discontinue to sell products to the Reseller in violation of this MAP Policy.

2.   This MAP Policy will be enforced by Jasco in its sole and unilateral discretion. Jasco is not under any circumstances seeking agreement from any Reseller to adhere to this MAP Policy.

3.   Jasco recognizes that any Jasco Reseller can make its own decisions to advertise and sell any Jasco product at any price it chooses without consulting or advising Jasco. Jasco similarly has the right to make its own independent decision regarding Resellers it chooses to continue selling products.

4.   Jasco will, from time to time, publish a MAP Pricing Schedule on its internet website, which may be amended or adjusted by Jasco at any time in its sole discretion. The MAP Pricing Schedule will identify the effective date, the products and the MAP Price for those products.  Each advertisement of a product identified in the MAP Pricing Schedule less than the price shown will be a violation of this MAP Policy.  Jasco products not specifically identified in the MAP Pricing Schedule are not subject to this MAP Policy.

5.   This MAP Policy applies to all advertisements of Jasco products listed on the MAP Pricing Schedule in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, e-mail newsletters, e-mail solicitations, internet or similar electronic media, television, radio, and public signage.  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).

6.   The inclusion in advertising of free or discounted products (whether made by Jasco or another manufacturer) 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 covered Jasco product less than the MAP Price.  If pricing is displayed, any strike-through or other alteration of the product’s advertised price that is paired with a discount price less than the MAP Price is prohibited.

7.   This MAP Policy applies only to advertised prices and does not apply to the price at which Jasco products are actually sold or offered for sale to an individual consumer within Resellers’ retail location or over the telephone.  Resellers remain free to sell these products at any prices they choose under these circumstances.  This MAP Policy does not establish maximum advertised prices. All Resellers may offer Jasco products at any price in excess of the MAP Price. 

8.   Internet auctions may not display or have reserved bid or other acceptable prices less than MAP Price.  Pricing listed on an internet site is considered an “advertised price” and must adhere to this MAP Policy. Once the pricing is associated with an intent to purchase (added to shopping cart or order), the price becomes the selling price and is not bound by this MAP Policy. Statements such as “add to basket to see price”, “we will match any price”, “call for price” or phrases of similar import are acceptable as long as the price advertised or listed for the products is not less than the MAP Price.  In addition, discounts applied at checkout to the entire order based on a customer’s purchasing history with the Reseller, such as discounts for “frequent shoppers”, do not violate this MAP Policy.

9.   This MAP Policy is solely within Jasco’s sole discretion and authority acting through the duly authorized managers of Jasco.  JASCO SALES REPRESENTATIVES ARE NOT PERMITTED TO DISCUSS THIS POLICY OR MAKE ANY AGREEMENTS OR ASSURANCES WITH RESPECT TO JASCO’S POLICY REGARDING RESELLER ADVERTISING OR PRICING. This also includes any consumer program or promotion that affects the listed MAP Products.  No employee or sales representative of Jasco has any authority to discuss, modify or grant exceptions to this MAP Policy.  Any representation or action by any employee, sales representative or persons not specifically authorized to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid.  All questions about this MAP Policy should be in writing and directed via U.S. Mail to MAP Policy Administrator, Jasco Products Company, LLC, 10 East Memorial Road, Oklahoma City, Oklahoma 73114-2205 or via e-mail to:  [email protected] will respond only in writing.  No oral communications about this MAP Policy are authorized.  The MAP Policy Administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Resellers regarding the policy and receiving any communications regarding sanctions imposed under this MAP Policy.

10.   From time to time, Jasco may choose to offer special promotions on certain products. In such an event, Jasco reserves the right to modify or suspend this MAP Policy in whole or in part by posting a notification to all Resellers of the duration and nature of the change on www.jascoproducts.com.  Jasco further reserves the right to adjust the MAP Price with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers and will also be posted on www.byjasco.com.

Download list here:

MAP Master List

 

Intentional and/or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed by Jasco.  The level of sanctions will be determined by Jasco in its sole discretion and may include indefinite termination of dealership or distributorship.  Jasco does not intend to do business with Resellers who degrade the image of Jasco, the brands it represents, or its products.  Distributors of Jasco will supply a copy of this MAP Policy to any new or existing Reseller for their records and will regularly check Jasco’s website for any modifications to the listed MAP Price for each product they distribute.  If a Reseller with multiple store locations violates this MAP Policy at any particular store location, then Jasco may consider this to be a violation by all of the Reseller’s locations.