Minimum Selling Price/ Unilateral Minimum Advertised Price (MAP) Policy
North America and South AmericaBluBird Industries Inc., a subsidiary of RMX Industries Private Limited (“BluBird Industries”), has implemented a Minimum Selling Price and Minimum Advertised Price (MAP) policy, which establishes standards for eCommerce, media advertisements of the RMX Industries’ brands and products lines (“Products”). The brands include but are not limited to BluBird, BluShield, Oil Shield, Avaguard, AGLite, BluSeal, Impulse, Rapid Tie, etc. The Map policy applies to all North America and South America (together referred to as “Americas”) distributors, dealers, and resellers (“Resellers”) of the company’s products, except where such policies are in contravention of local laws.
RMX Industries Private Limited has built a strong reputation in the market and is committed to protecting and advancing such a reputation by positioning its value-added, high-quality products effectively in the marketplace and by ensuring end users receive appropriate sales and product support. RMX Industries Private Limited through its subsidiary, BluBird Industries, has implemented this MAP policy to advance these goals. BluBird Industries reserves the exclusive rights in the Americas to enforce the MAP and MSP policy.
BluBird Industries wants its committed Resellers to have the appropriate incentive to invest resources into marketing products and services to the company’s and Resellers’ end users.
Although Resellers remain free to establish their own actual resale prices, BluBird Industries will, without assuming any liability, unilaterally impose sanctions as described in this policy against Resellers who advertise the company’s products in violation of this MAP and MSP policy. BluBird Industries will not discuss any conditions of acceptance related to this MAP and MSP policy, as it is unilateral and non-negotiable, and it will not be altered for any Reseller. Each Reseller is free to independently decide whether or not to follow this policy; BluBird Industries does not ask for nor will it accept any assurance of compliance or agreement from a Reseller regarding this policy. Nothing in this MAP and MSP policy or in any other contract or agreement with BluBird Industries shall constitute an agreement between the company and the Reseller regarding this MAP policy or the resale prices at which the company’s Products are sold by any Reseller.
MSP and MAP apply to advertised prices and the price at which the products are sold.
Advertising and Selling ProductsThe following rules govern the advertising of Product pricing:
- Internet-only “e-tailers” that offer Products.
- Web sites of traditional retailers, distributors, and mail-order businesses that offer Products, including membership clubs.
- On-line services and portal sites that advertise Products (such as but not limited to google.com, aol.com, and yahoo.com).
- Shopping sites (“bots”) that advertise prices offered on Products (such as but not limited to, mylamon.com, dealtime.com, and bottomdollar.com) and marketplace sites (e.g., Amazon, Walmart, Rakuten).
- Auction sites with a minimum or starting bid (such as ubid.com, eBay.com, and Buy-it-Now).
- “Banner ads” for Products placed on any website (including the store’s own website) and pages that follow banner ads upon “click-through”.
- Any other electronic communication, media, or display of a price is accessible by a search engine, web crawler, or specialized shopping and pricing engines.
- A ‘click for price’ or ‘mouse over for price’ button on a website.
- A percentage or monetary discount advertised in conjunction with the price brings the such price below MAP.
- In-store merchandising (such as store signage, price tags, window displays, banners, etc.).
- Print advertising (such as in newspapers or magazines), radio ads, TV ads, direct mailers, flyers, posters, coupons, brochures, catalogs, and direct emails.
- The shopping cart of a website, as long as the Product was placed there by the consumer (by clicking on the “Order” or “Add To Cart” button).
- Electronic websites operated by or for federal, state, and local customers (such as GSA) display contractually agreed-on prices.
- Direct marketing to pre-existing customers including pricing offered to such customers via email, phone, or through a ‘bid’ process in response to a customer inquiry that was not invited, suggested, or solicited and is not an automatic response to customer action.
- Special promotions on Products, such as rebates or other discount programs can be offered As long as the MAP price is shown along with the company-authorized rebate or discount amount, advertising such special promotions is not a violation of the MAP policy.
- Advertising financing or free shipping and handling in connection with the purchase of any Product.
- Advertisements indicating that a Reseller ‘has the lowest prices, that it will ‘meet or beat any competitor price’, or that its prices are ‘too low to mention, or advertisements that ‘call for a price’ or phrases of similar import.
- Products advertisements without any pricing listed.
- Prices appearing as ‘strike through’ or marked out are permitted as long as the price advertised or listed for Products is at or above the MAP price.
Advertising Covered by MAP and MSPInternet advertising (in all areas of a website above the “shopping cart” level on any website including the password protected sites of such website, and other pages that follow upon “click-through”) including:
Advertising Not Covered by MAP
ComplianceBluBird Industries will monitor prices advertised by Resellers, either directly or via the use of third parties. BluBird Industries will enforce this policy at its sole discretion; therefore, no Reseller has the right to rely on the continuation of the MAP policy or any effort by the company to address its violations. BluBird Industries specifically reserves the right not to do business with Resellers who compromise the perceived value of the company and its products and to cancel, and have its authorized distributors cancel, existing, accepted unshipped orders and refuse to accept new orders from Resellers or from distributors for such Resellers, for the company’s products.
In the event a Reseller chooses not to follow the MAP policy, BluBird Industries may unilaterally impose the sanctions at its sole discretion. The restrictions may include but are not limited to sending notice of policy violation, limited time suspensions, revoking the negotiated prices, long time restriction from the benefits. Benefits include but are not limited to deal registration, allocation of leads, advertisement budgets, demonstration units, etc.
The company shall determine in its sole and absolute discretion whether a violation of the policy has occurred.