BITwave USA, LLC implemented this unilateral Minimum Advertised Price (“M.A.P.”) Policy (effective November 15, 2012) to assist our retail partners to more effectively merchandise and sell UCLEAR Digital® Products. The purpose of this MAP Policy is to encourage its resellers and dealers (“Dealers”) to promote and invest in the effective marketing and sale of UCLEAR Digital® products, and to promote the perception of premium quality and value of those products. UCLEAR Digital® products are superior to our competitors’ products and require knowledgeable sales persons and/or helpful display and demonstration arrangements to assist end users in the full appreciation and understanding of the functional features of the products.
Statement of Policy
All UCLEAR Digital® Dealers are free to promote UCLEAR Digital® Products at a price they deem to be appropriate. However, if the price for any UCLEAR Digital® Product is advertised below the published MAP price the terms of this policy will apply.
- Any UCLEAR Digital® Products covered by this MAP Policy cannot be advertised below the published minimum advertised price even when included in a package of other, non-UCLEAR Digital® products. This policy applies to any and all published, printed, out of home and electronic advertising, including all inserts, magazines, newspapers, catalogs, flyers, brochures, posters, coupons direct mail, email, faxes, radio, television, billboards, banners, and Internet advertising.
- This MAP Policy does not apply to any in store advertising that is displayed only in store. In-store displays, point of sale signs, hang tags or bar codes or similar marks on products or product packaging that merely state price is not considered subject to this MAP Policy. In that regard, this MAP Policy does not apply to the actual “check-out” page of any sellers Web site or related Internet site. This MAP Policy does apply to any other page(s) on the reseller’s Web site.
- The MAP is in effect regardless of any claim by any Dealer guaranteeing the lowest price, or stating they will beat any other retailer’s price. Honest mistakes or an inadvertent error may be considered a violation of the policy. The actual circumstances as solely determined by BITwave USA will dictate any unilateral decision in handling these situations.
- There is no appeal process for finding of a violation to BITwave USA’s unilateral decision to impose a sanction on an offending retailer. If a retailer with multiple store locations or multiple Internet sites violates the policy, BITWAVE USA’s decision to impose a sanction will apply to all of the retailer’s locations.
- BITwave USA customers and distributors are prohibited from selling UCLEAR Digital® Products to any retailers who have violated the terms of the MAP.
- Trans-shipping or assisting any company not approved by BITwave USA in violating the terms of the MAP will be considered a first, second and third violation of the policy.
- The MAP price for new products will be shown on the current price sheet. Discontinued products may be advertised up to 50 % off of the published MAP if the advertisements state the product is “Discontinued,” or “Close-out.” Any advertisements exceeding this reduction in MAP will be considered in violation of MAP Policy. Any advertisement of a UCLEAR Digital® product not designated as Discontinued will be presumed new and subject to this MAP. Any UCLEAR Digital® product that appears on the Internet must be accompanied by the price of that UCLEAR Digital® product. Dealers may not omit the price and, instead, substitute such terms as “Call for special pricing”, “E-mail us for special pricing”, or any other language that implies a lower price or is designed to obscure the retail price. The retail price must appear with each UCLEAR Digital® product. Additionally, the retail price must be at or above the price established by the MAP. This also applies to online auction sites that include but are not limited to eBay. A reserve price must be set and displayed that is in accordance with MAP policy. The only exception would be items that are used, previously sold, customer return, etc. and are clearly marked as such.
- Online auctions on sites such as EBay are not in compliance with this MAP policy. All items sold online should reflect MAP pricing.
MAP Policy Violations
Any advertisement of a UCLEAR Digital® product at a price below MAP may result in forfeiture of the BITWAVE USA product promotions, marketing support, allowances or complete termination of the Dealer’s authorization to purchase UCLEAR Digital® product. Such actions will be taken at the sole discretion of BITWAVE USA. BITWAVE USA’s current response policy will be as follows:
BITWAVE USA’s unilateral finding of a first violation of this policy will result in issuance of a violation notification from BITwave USA. The violating retailer must become compliant with the Policy within 48 hours after receipt of notification. If the retail fails to be compliant after 48 hours, BITwave USA, in its sole discretion may withdraw if any, all allowances or other program monies associated with the period in which the violation occurs, or BITwave USA may immediately discontinue all shipments of UCLEAR Digital® products to the offending retailer for a period not less than 3 months.
The second violation of this Policy will result in the immediate discontinuation of shipments of UCLEAR Digital® products to the offending retailer for a period not less than six (6) months. BITwave USA shall solely determine whether to reestablish sales to the violator after discontinuation of shipments.
The third violation of this Policy will result in the immediate discontinuation of shipments of UCLEAR Digital® products to the offending retailer for a period not less than twelve (12) months. BITwave USA shall solely determine whether to reestablish sales to the violator after discontinuation of shipments.
The United States Supreme Court has recognized that a supplier may establish the terms and conditions under which it sells any product, including the terms and conditions affecting the resale price. Further, the Court has ruled that the resale pricing terms and conditions must be set by the supplier unilaterally, without prior agreement of any of its customers. A Dealer will not violate antitrust laws by independently deciding to follow this policy. A Dealer should not communicate to BITwave USA its acceptance or compliance with this policy.
This is a Unilateral Policy
BITwave USA has unilaterally adopted this MAP Policy. BITwave USA is not seeking, and will not accept, any agreement or assurance of compliance by a Dealer with this Policy. Nothing in this Policy statement should be construed as an agreement as to the minimum prices at which a dealer will advertise or resell UCLEAR Digital® products. The Dealer must, in its sole discretion, determine the selling price of UCLEAR Digital® product.
No BITWAVE USA sales personnel are authorized to discuss the MAP Policy with any Dealer and have been instructed not to discuss this Policy with you. Any questions regarding this MAP Policy should be sent in writing, by e-mail to email@example.com or by letter.