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Minimum Advertised Price (MAP) Policy

Minimum Advertised Price (MAP) Policy

Introduction

Daniel Smart Manufacturing, Inc. (DSM) has built a strong reputation and following among the end-user consumers of our products. In order to preserve our reputation for providing customers with high value products and strong after-sales support, and to further enhance our image and competitiveness in the marketplace, Daniel Smart Manufacturing, Inc. has unilaterally established a policy of minimum advertised price (MAP) standards for Daniel Smart products. The DSM MAP policy will apply to all U.S. and Canadian dealers, distributors, and re-sellers.

Minimum Advertised Price (MAP)

The MAP is defined as the current manufacturer's suggested retail price (MSRP). MSRP for items will be displayed for each individual product, with base pricing, on its detail page, when a customer is logged in. Upcharge for larger sizes can be calculated by the customer. As of this time the text on this web page is the current and active policy, any changes to this policy will be amended here.

Scope of Policy

This policy prohibits all dealers of DSM products from advertising at below the MAP. Further, the policy applies to advertising of all DSM products by dealers in any external media including, but not limited to, radio, television, internet, print, and in any form, such as direct mailings, catalogs, price lists, flyers, group faxing, group emailing, and trade show signs and brochures.

This policy applies strictly to advertised prices and will not in any way restrict the dealer's ability to determine its own resale prices. Moreover, the policy is not intended to prohibit any dealer from providing below MAP quotations on an individual basis in response to a specific request for quotation by an individual customer; provided such response is not automated and is given by person-to-person communication. Further, dealers may indicate on their websites for DSM products that customers may contact the dealer directly for a price quotation.

Violation of MAP Policy

While dealers have the complete freedom to resell DSM products at any price and to advertise DSM products in any manner (subject to terms and conditions), if DSM verifies that a dealer is advertising DSM products below the MAP or is otherwise violating this policy, DSM will impose the following penalties:

  • Upon the first violation, DSM will issue a verbal notice of violation to the dealer and will give the dealer an opportunity to remove from publication (including internet) any price advertising that violates this policy.
  • Upon a second violation, a written notice will be issued, and the dealer's right to purchase DSM products will be automatically suspended for a period of 60 days after the date of second notice.
  • Upon a third violation, a second written notice will be issued, and in DSM's sole discretion, the dealers right to purchase DSM products will automatically be suspended for a period to be determined by DSM.

Separate violations will be deemed to have occurred if a violation continues after DSM has issued a notice of violation to a dealer (e.g. the same offending advertisement runs on multiple occasions or in different media). The preceding enforcement measures are necessary to protect DSM's reputation and the integrity of its products.

Dealers with Multiple Locations

For dealers with multiple store locations, a violation of this policy by any one store location shall be considered a violation by the entire dealership.

Current Products Only

This policy shall apply only to current products and shall not apply to a non-current, close-out, or discontinued DSM products. The determination as to whether a product is no longer current, or is a close-out, or discontinued product, shall be made by DSM in its sole discretion. All DSM products shall be deemed current products as described in DSM's website or other official materials from DSM.

Amendments

DSM reserves the right to amend this policy and/ or its minimum advertised prices at any time. Amendments to the policy will not apply to any dealer advertising that has already been prepared and is scheduled for delivery within 30 days after the date that DSM gives the dealer notice of the amendment. Otherwise, dealers are responsible for observing the current version of this policy as well as the current MAPs.