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Minimum Advertised Price Policy (MAP)

Update Effective January 31, 2016
 
Introduction
B+B SmartWorx Inc. has determined that their interests and those of their loyal resellers are best served through the adoption of a minimum advertised price (MAP) policy. This MAP policy is designed to support and facilitate our continuous and substantial investment in the development and introduction of innovative new products and protect our loyal resellers from those that would seek to take unfair advantage by promoting their sale of B+B SmartWorx Inc. products primarily on the basis of price. Such practices are harmful to our brands, reputation, and competitiveness and detrimental to our efforts and those of our loyal resellers to service and support consumers of our products. This MAP policy has been unilaterally adopted by B+B SmartWorx Inc. to discourage such activities.
 
Scope
This MAP policy covers all resellers of B+B SmartWorx Inc. products located in the United States and Canada.
 
Retail Price
B+B SmartWorx Inc. has established a suggested retail price (“SRP”) for each of its products. Resellers remain free to establish the actual prices at which they will sell B+B SmartWorx Inc. products. Value-added resellers may find that they can command prices above SRP.
 
Minimum Advertised Price
B+B SmartWorx Inc. has established a minimum advertised (MAP) price for each of its products. B+B SmartWorx Inc. will reward those resellers that advertise B+B SmartWorx Inc. products at (or above) MAP. Conversely, resellers who advertise B+B SmartWorx Inc. products at below-MAP prices will lose privileges or benefits offered by B+B SmartWorx Inc. to its loyal resellers.
 
MAP applies only to advertised retail prices and does not apply to the retail price at which B+B SmartWorx Inc. products are actually sold, nor does it prohibit advertised prices that are higher than B+B SmartWorx Inc. MAP prices.
 
This MAP policy applies to all advertisements of any B+B SmartWorx Inc. products in all media including, without limitation, on-line catalogs, mail order catalogs, television, radio, public signage, flyers, posters, coupons, mailers, inserts, newspapers, magazines, and all internet or similar electronic media, including websites, email newsletters, forums, and auction sites. Website features such as “click for price,” automated “bounce-back” pricing e-mails, automatic price display for any items prior to being placed into a customer’s shopping cart, and special “in-cart” pricing are considered to be communications initiated by the reseller (rather than the customer) and constitute “advertising” under this MAP policy.
Where any B+B SmartWorx Inc. product is bundled with or sold as part of a package that includes other products (whether or not manufactured by B+B SmartWorx Inc.), 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 MAP of the B+B SmartWorx Inc. product(s) in the bundle/package or (b) violates the letter or spirit of the MAP policy.
 
It shall be a violation of this MAP policy to include in any advertising for a B+B SmartWorx Inc. product any additional discount, coupon, gift card, or incentive that translates into an immediate price reduction, where the cumulative effect would be to reduce the advertised price of the B+B SmartWorx Inc. product below such product’s MAP. B+B SmartWorx Inc.-sponsored “manufacturer’s rebates” or other, similar B+B SmartWorx Inc.-sponsored promotions shall be exempt from this provision.
Each advertisement of any B+B SmartWorx Inc. product below its MAP will be a violation of this MAP Policy.
 
Selling to a reseller that is on B+B SmartWorx Inc.’s Do Not Sell list constitutes a violation of this MAP policy.
 
Selling any or all of the B+B SmartWorx Inc. product lines to or through any internet reseller who is in non-compliance with this MAP policy constitutes a violation of this policy.
 
What’s NOT a violation of this MAP policy?
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, does not include a specific reference to any B+B SmartWorx Inc. product in connection with such general advertising, and otherwise complies with this MAP policy.
 
It shall not be a violation of this MAP policy for a reseller to advertise that a consumer may “call for price” or “email for price,” so long as no price below MAP is listed.
 
Free or reduced-priced shipping may be offered by a reseller and will not be considered a violation of this policy if it is offered in connection with the purchase of all brands of product in a product category and not just in connection with B+B SmartWorx Inc. products.
 
Discount certificates or coupons that may be used toward future purchases may be advertised so long as no price below MAP is listed.
 
Current Product Listing, SRP and MAP
The current listing of B+B SmartWorx Inc. products, along with their SRP and MAP, will be circulated to resellers. The products, SRP and MAP may be changed from time to time at B+B SmartWorx Inc.’s sole discretion.
 
Policy Violations
Failure to comply with this MAP policy will result in one or more of the following:
  • Discounts and other purchasing privileges or benefits may be reduced or revoked across any or all of the companies in the B+B SmartWorx Inc.
  • Orders may be refused or cancelled for any or all products across any or all of the companies in the B+B SmartWorx Inc.
  • Reseller’s status as an Authorized Reseller may be revoked across any or all of the companies in the B+B SmartWorx Inc.
  • Reseller’s name may be included on B+B SmartWorx Inc. Unauthorized Reseller list
  • Reseller’s name may be included on B+B SmartWorx Inc.’s Do Not Sell list
  • Reseller’s authorization to use trademarked/copyrighted images or text, including marketing material, product descriptions, and B+B SmartWorx Inc. company information may be revoked

Violations of the MAP Policy shall be determined by B+B SmartWorx Inc. in its sole discretion. 

Policy Modifications
B+B SmartWorx Inc. reserves the right at any time to modify this MAP policy in whole or in part, to designate promotional periods during which the terms of this policy change, or to designate periods of time during which this policy is not applicable.
 
Covered Products
Products sold under the following brands are covered by this MAP policy:
  • B+B SmartWorx, powered by Advantech
  • Quatech
  • IMC Networks
  • B&B Electronics
  • Wzzard
  • eWorx
  • Spectre 3G
  • Spectre LTE
  • eLinx
  • iLinx
  • uLinx
  • vLinx
  • Zlinx
  • SmartCluster
  • SmartSwarm
  • SmartWorx HUB
  • SmartFlex
  • SmartMotion
  • SmartStart
‚ÄčExempt Products
Discontinued products and promotional items, such as decals, apparel, posters, and banners, are exempted from this policy. Impaired products (i.e. products that are used, rebuilt, refurbished, or damaged) are exempt from this policy so long as any advertising of such products clearly and prominently states the nature of the impairment.
 
Unilateral Action
B+B SmartWorx Inc. is not seeking agreement from any reseller to adhere to this MAP policy. This MAP policy does not constitute an agreement or contract between B+B SmartWorx Inc. and any of its resellers.