Flair Minimum Advertised Price Policy
The purpose of the MINIMUM ADVERTISED PRICE POLICY (“MAP Policy”) is to protect the investment of our channel partners and Flair’s brand reputation. This policy is due to the fact that reseller advertising and sales practices that promote Flair products primarily on the basis of price could be detrimental to the resellers’ service and support efforts and Flair’s competitive position.
Flair believes that these practices are unfair and thus discourages such efforts.
Official Policy and Guidelines
- Flair reserves the right, in its unilateral discretion, to take action with respect to any reseller that violates this MAP policy, including but not limited to those discussed in Section 10 below. The MAP policy will be enforced by Flair in its sole discretion.
- Flair will maintain an updated “MAP Products” list of Flair products that will fall under this MAP policy. Please reference “Schedule A” for Flair products subject to MAP policy. Flair will use commercially reasonable efforts to provide at least 30 days’ notice of any MAP pricing changes. However, Flair reserves the right to update or modify this list at any time.
- Flair recognizes that any authorized distributor can make its own decisions to sell any Flair product at any price it chooses without consulting or advising Flair. The MAP Policy relates only to the mass-promoted resale price of these Flair products.
- Listing a resale price below the MAP next to a featured Flair product in any mass promotion, including online advertising, will be viewed as a violation of the MAP Policy. This MAP Policy applies to all advertisement of Flair products for resale in any and all online media, including, without limitation: online advertisements, websites, online videos, blogs, forums, email newsletters, and social media or email solicitations.
- It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy. Furthermore, it shall not be a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price”, or to use similar language, specifically with respect to Flair products, so long as no price is listed.
- From time to time, Flair may permit resellers to advertise Flair products at prices lower than the MAP. In such events, Flair reserves the right to modify or suspend the MAP with respect to the affected products for a specified period of time by providing reasonable advance notice to all resellers of such changes.
- From time to time Flair may offer a direct manufacturer’s rebate to end customers. In such events, it shall not be a violation of this MAP policy to advertise the availability of the manufacturer’s rebate, provided that (a) the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style; (b) an asterisk is placed next to the net price after manufacturer’s rebate; and (c) the “*After manufacturer’s rebate” appears in the same area of the advertisement as the advertised Flair product.
- Where Flair products are bundled with or sold as part of a package that includes other products or services (whether or not such products and/or services are manufactured or provided by Flair), it shall be a violation of this MAP Policy to sell or advertise the bundle (or package) at a price that: (a) is lower than the total Minimum Advertised Price of the Flair product or (b) violates the letter or spirit of the MAP Policy.
- The MAP Policy does not apply to the following: (a) In-store displays, In-store banners, In-store price markings; (b) Individual customer quotes, contracts and (c) Internet site “checkout pages” where the customer makes final purchase. Furthermore, it shall not be a violation of this MAP Policy for an authorized distributor to offer a discount to the MAP price to any licensed contractor so long as the discount is not listed in an advertisement that would violate the terms of section 4.
- NONCOMPLIANCE: Although resellers remain free to establish their own prices, Flair will respond to violations of the MAP Policy generally as follows.
- If a reseller is determined to be in non-compliance with the Flair MAP Policy, Flair will notify that reseller in writing. The non-complying reseller will have 30 days to bring themselves in compliance with the Flair MAP Policy. In addition, any distributors known to be supplying the non-complying reseller will also be notified.
- If a reseller continues to violate the Flair MAP Policy more than 30 days after being sent notice, Flair will respond by removing any and all rebates, incentives or discounts provided directly to that reseller. Flair, at its own discretion, may increase the wholesale price to that reseller by 10%. Flair may also limit the supply of new product to the non-complying reseller. In addition, any distributor known to be supplying the non-complying reseller may also be subject to the same penalties.
- If reseller continues to violate the Flair MAP Policy more than 30 days after being sent their second notice of non-compliance, Flair will respond by no longer selling to that reseller and terminating any relationship between Flair and the non-complying reseller. In addition, any distributor known to be supplying the non-complying reseller may also be subject to the same penalties.
- Flair’s sales representatives cannot and will not discuss the unilateral MAP Policy with resellers outside of providing the terms of the policy and examples of compliant and non-compliant advertising. Questions regarding the policy should be submitted to email@example.com. In the absence of response from Flair, the online ad placement is at the reseller’s own risk.
- Each reseller is responsible for its own compliance with this MAP Policy, both the distributor and the third party reseller will be held accountable for violations of the MAP Policy.
Schedule A - MAP Products and MAP Pricing
All MAP Pricing is in US dollars and does not include any applicable sales taxes or shipping.
|SKU||Product Name||MAP (USD)|
|FLAIRPUCK001||Flair Puck - Pearl White||119|
|FLAIRPUCK002||Flair Puck - Jet Black||119|
|FLAIRPUCK001P||Flair Puck Pro - Pearl White||199|
|FLAIRVENT410||Flair Smart Vent - 4x10||89|
|FLAIRVENT412||Flair Smart Vent - 4x12||89|
|FLAIRVENT610||Flair Smart Vent - 6x10||99|
|FLAIRVENT612||Flair Smart Vent - 6x12||99|
|FLAIRVENT614||Flair Smart Vent - 6x14||109|
|FLAIRUSBMOUNT01||Flair USB Mount||30|
MAP Pricing may be subject to change. Master Cartons and other bulk purchases are subject to MAP pricing for each unit contained therein.