Minimum Selling Price/ Unilateral Minimum Advertised Price (MAP) Policy
BluBird 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 Products
The following rules govern the advertising of Product pricing:
- You are encouraged to use the internet or other electronic media as a means to promote, advertise and sell Products, provided, however, you do not advertise Products on such electronic media at prices below MAP. For purposes of this policy, an “advertised price” means any publicly displayed offer to sell a product that includes a sale or transaction price.
- Any Reseller that supplies to, or fulfills a Product on behalf of, any other person or entity that advertises any Product below the MAP price will be in violation of this policy.
- Each Reseller is individually responsible for deciding whether and how to advertise in compliance with MAP. BluBird Industries will not review ads, websites, or other similar marketing material in advance to determine compliance with MAP.
- Setting or negotiating actual sales or transaction prices, without advertising, is not a violation of this Policy until it's within the prescribed MSP.
- The inclusion by Resellers of free or discounted products, rebates, or bundled promotions with a Product will be taken into account with respect to the advertised price regarding MAP compliance.
Advertising Covered by MAP and MSP
Internet 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
- 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.
Advertising Not Covered by 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.
BluBird 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.
BluBird Industries reserves the right at any time to modify, suspend or discontinue the MAP policy in part or designate promotional periods for the product(s) during which the terms of the policy change, or designate periods of time during which the policy is not applicable.
BluBird Industries’ sales personnel have NO authority to discuss, modify or grant exceptions to this policy or have any communication with any reseller regarding this MAP policy or violations of this MAP policy. All questions or comments regarding this MAP policy are to be directed to the policy administrator at firstname.lastname@example.org. The policy administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to resellers regarding the policy and violations, and receiving any communication regarding sanctions imposed under this policy. BluBird Industries does not seek and will not respond to reseller communications alleging or complaining about other resellers violating this MAP policy.
Frequently Asked Questions (FAQ)
WHERE CAN I OBTAIN INFORMATION ON SUSPENSIONS, MODIFICATIONS, OR UPDATES TO THIS MAP POLICY?
Temporary suspensions or modifications of the MAPs and any modifications to the MAP Policy will be mailed or emailed. You may also contact the policy administrator (or email@example.com) for information or other questions.
WHAT ARE EXAMPLES OF COMMUNICATIONS TO WHICH THE MAP POLICY APPLIES?
MAP Policy applies to all catalogs, flyers, inserts, magazines, mail order catalogs, mailers, postcards, newsletters, newspapers, posters, billboards, television and radio advertising, internet-based advertising including without limitation, newsletters, email solicitations, call for newsgroups, Internet “lists,” website advertising (on an initial screen but not in a shopping cart or other checkout area)
DO DISTRIBUTORS NEED TO SIGN THE MAP POLICY INDICATING THEY AGREE WITH ITS PROVISIONS?
No. The MAP Policy is not an agreement between BluBird
and any distributor of Covered Products. It is a policy that BluBird is unilaterally implementing for all distributors of Covered Products. Our MAP policy aims to maintain the premium quality and image of the Covered Products and the value of BluBird Industries, its brand name and trademarks. To ensure the distributors of its Covered Products that provide valuable services to consumers do not have their investments in those services undercut by other distributors. To inform all distributors of BluBird Covered Products of the MAP Policy and of the actions BluBird intends to take if a distributor chooses to advertise at prices below the MAP.
DOES THE MAP POLICY AFFECT SELLING PRICES?
No. Distributors are free to sell Covered Products at any price of their choice. The MAP Policy applies only to advertised prices for Covered Products.
WHAT ARE EXAMPLES OF ADVERTISING FOR COVERED PRODUCTS THAT DO NOT VIOLATE THE MAP POLICY?
The following are examples of advertising that BluBird considers to comply with the MAP Policy but only intended to include some advertisements that might comply. Ads will be reviewed based on all facts and circumstances. Ads that include price advertising beyond that described in the examples may or may not adhere to the MAP Policy. With those caveats, BluBird would consider the following to comply with the MAP Policy:
- Advertising discounts in which the resulting price is at least as high as the MAP for the Covered Product.
- Advertising that does not state a price directly or by reasonable implication.
- Advertising that promises to “meet or beat” a competitor’s price without stating a specific price for the Covered Product.
- Advertising that offers free shipping, free installation or some other free service for a Covered Product, provided that the advertisement does not subtract the value of the offer or free service from the advertised price of the Covered Product.
- Advertising for Covered Products designated as “refurbished,” “demo,” or “used.”
- Advertising that includes an offer of a gift card when a Covered Product is purchased, and that provides for a future discount on subsequent purchases from the distributor.
- Advertising of a blanket price reduction or applicable store-wide, so long as no Covered Product is featured in the advertisement.