sales/MAP/Map Guidelines Dealer Direct 2014
AMERICAN SECURITY PRODUCTS COMPANY
MINIMUM ADVERTISED PRICE POLICY Effective May 1, 2011, Revised December 22, 2014 American Security Products Company, (AMSEC) has unilaterally adopted this Minimum Advertised Price Policy (MAP Policy) on selected products, which shall apply to distributors and retailers, including catalogs and internet retailers, (Resellers) who resell AMSEC products to end users located in the U. S. and Canada. AMSEC may, without assuming any liability, unilaterally impose additional terms and conditions on Resellers who do not conform to this MAP Policy, as to AMSEC's further dealing, if at all, with any Reseller who advertises applicable AMSEC products at prices below those specified in this MAP Policy. AMSEC will not discuss any conditions of acceptance related to this MAP Policy with any Reseller. AMSEC neither solicits, nor will it accept, any assurance of compliance with this MAP Policy. Nothing in this MAP Policy or in any other AMSEC policy statement with AMSEC shall constitute an agreement between AMSEC and reseller that the reseller will comply with this MAP Policy. AMSEC is not seeking agreement from any Reseller to adhere to this MAP Policy. It is entirely within the discretion of the Reseller whether to adhere to the within MAP Policy terms and conditions. AMSEC is adopting this MAP Policy to preserve its strong reputation for providing customers with high value products and strong after-sales support. American Security Products Co. greatly values the efforts of all Resellers to distribute AMSEC products. The MAP Policy is subject to the following unilaterally preannounced terms and conditions: 1. The MAP Policy shall apply to the AMSEC products listed on AMSEC’s Manufacturer MAP Price List attached. The MAP Policy for selected AMSEC products shall be listed on each AMSEC price sheet for all Resellers. MAP pricing is established by AMSEC for selected products and may be adjusted by AMSEC at its sole discretion. 2. The MAP Policy applies to all advertisements of selected AMSEC products in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media including websites, email newsletters, email solicitations, television, radio, and public signage. The MAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer. In-store displays, point-of-sale signs, hangtags or bar codes or similar marks on products or product packaging which merely state the price are not considered "advertising" for purposes of this MAP Policy. In that regard, pricing listed on an Internet site is considered "advertised price" and must adhere to AMSEC’s MAP Policy until the product is placed in the "virtual shopping cart.” Once the product enters the shopping cart, it is considered part of the check-out procedure and is not a MAP violation.
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3. All AMSEC products advertised on a web site, via email or auction site must be advertised at a price greater than or equal to MAP. Internet auctions may not display or have reserved bid or other acceptable prices below the MAP price. 4. Advertising that a lower price is available if an item is placed in the shopping cart is prohibited by this policy. 5. All automatic email responses to price inquiries must comply with MAP Policy. 6. "Bundling" or including a free or discounted product (whether made by AMSEC or another manufacturer) with an AMSEC product covered by this MAP Policy would violate this policy and is not permitted. 7. Resellers are permitted to advertise AMSEC products with price "mark-outs" or “mark-trough’s," provided the price reflected on the advertisement is at or above MAP. 8. “Factory refurbished" products being advertised must have been purchased as "refurbished" directly from AMSEC. Refurbished items may be offered for sale below MAP pricing with the proviso that the description clearly state that these products are refurbished or used and only carry a 90 day warranty. 9. The MAP Policy applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the Resellers retail location or over the telephone. AMSEC Resellers remain free to sell the selected MAP products at any prices they elect. 10. The MAP Policy does not establish maximum advertised prices. All Resellers may offer AMSEC products at any price in excess of the MAP established for such products. 11. The MAP Policy does not in any way limit the ability of any dealer to advertise that "they have the lowest prices" or, they "will meet or beat any competitor’s price," that consumers should "call for a price" or phrases of similar import as long as the price advertised or listed for the products is not less than MAP. 12. From time to time, American AMSEC may instigate promotions for products covered by the MAP Policy because the products are being discontinued or because they are just being released. In such events, AMSEC reserves the right to modify or suspend the MAP with respect to the affected products by notifying all Resellers of such a change. AMSEC further reserves the right to adjust the MAP with respect to all or certain products at its sole discretion upon 7 days advance written notice to Resellers provided that such changes shall apply AMSEC equally to all Resellers. 13. Only approved Resellers (distributors and dealers) are authorized to advertise AMSEC products. 14. In cases of Resellers not following the terms and conditions of the MAP Policy, appropriate responses on future relationships may be unilaterally imposed by AMSEC. Departure from MAP Policy shall be determined by AMSEC in its sole discretion. AMSEC will not accept any communication from a Reseller who has departed from the AMSEC MAP Policy regarding the departure or the willingness of the Reseller to adhere to the terms and conditions of the MAP Policy. AMSEC will not give prior notice before responding under the MAP Policy.
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15. Reseller who sell to other than consumers should consider implementing their own resale price terms and conditions, consistent with this MAP Policy. 16. This MAP Policy is solely AMSEC's decision and responsibility. No employee or sales representative of AMSEC has any authority to discuss or modify this policy and any action of any person, which claims to modify this policy is unauthorized and invalid. AMSEC does not seek, and or accept, any complaints or comments from Resellers about the pricing practices of any other Reseller. AMSEC will not, under any circumstances, discuss the business dealings of any Reseller. Any questions about this policy should be directed in writing to the policy administrator at: [email protected] Responses will only be made in writing. No oral communications about this policy are authorized. 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 receiving any communication regarding sanctions imposed under this policy. The foregoing MAP Policy and any MAP product listing is subject to modification or discontinuance by AMSEC, in its sole and absolute discretion, at any time. Any action taken by AMSEC under this policy shall be without liability to AMSEC.
Failure to Adhere to MAP Policy Terms and Conditions (AMSEC Direct Dealer) At the discretion of AMSEC, intentional and/or repeated failure to adhere to the terms and conditions AMSEC's MAP Policy can result in the loss of authorization status and the ability to participate in marketing programs, access and funding, including but not limited to: • Advertising or marketing reimbursement funds. • Sales incentives (show specials, promotions, contests). • Residential drop shipments or will calls services. • Cash discount or extended payment terms. • AMSEC’s web based dealer locator map. • Sales leads. • Product specials or bid pricing. • Free product brochures, newsletter, artwork and technical bulletins. • Service work orders or technical service advice.
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MINIMUM ADVERTISED PRICE POLICY Effective May 1, 2011, Revised December 22, 2014 American Security Products Company, (AMSEC) has unilaterally adopted this Minimum Advertised Price Policy (MAP Policy) on selected products, which shall apply to distributors and retailers, including catalogs and internet retailers, (Resellers) who resell AMSEC products to end users located in the U. S. and Canada. AMSEC may, without assuming any liability, unilaterally impose additional terms and conditions on Resellers who do not conform to this MAP Policy, as to AMSEC's further dealing, if at all, with any Reseller who advertises applicable AMSEC products at prices below those specified in this MAP Policy. AMSEC will not discuss any conditions of acceptance related to this MAP Policy with any Reseller. AMSEC neither solicits, nor will it accept, any assurance of compliance with this MAP Policy. Nothing in this MAP Policy or in any other AMSEC policy statement with AMSEC shall constitute an agreement between AMSEC and reseller that the reseller will comply with this MAP Policy. AMSEC is not seeking agreement from any Reseller to adhere to this MAP Policy. It is entirely within the discretion of the Reseller whether to adhere to the within MAP Policy terms and conditions. AMSEC is adopting this MAP Policy to preserve its strong reputation for providing customers with high value products and strong after-sales support. American Security Products Co. greatly values the efforts of all Resellers to distribute AMSEC products. The MAP Policy is subject to the following unilaterally preannounced terms and conditions: 1. The MAP Policy shall apply to the AMSEC products listed on AMSEC’s Manufacturer MAP Price List attached. The MAP Policy for selected AMSEC products shall be listed on each AMSEC price sheet for all Resellers. MAP pricing is established by AMSEC for selected products and may be adjusted by AMSEC at its sole discretion. 2. The MAP Policy applies to all advertisements of selected AMSEC products in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media including websites, email newsletters, email solicitations, television, radio, and public signage. The MAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer. In-store displays, point-of-sale signs, hangtags or bar codes or similar marks on products or product packaging which merely state the price are not considered "advertising" for purposes of this MAP Policy. In that regard, pricing listed on an Internet site is considered "advertised price" and must adhere to AMSEC’s MAP Policy until the product is placed in the "virtual shopping cart.” Once the product enters the shopping cart, it is considered part of the check-out procedure and is not a MAP violation.
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3. All AMSEC products advertised on a web site, via email or auction site must be advertised at a price greater than or equal to MAP. Internet auctions may not display or have reserved bid or other acceptable prices below the MAP price. 4. Advertising that a lower price is available if an item is placed in the shopping cart is prohibited by this policy. 5. All automatic email responses to price inquiries must comply with MAP Policy. 6. "Bundling" or including a free or discounted product (whether made by AMSEC or another manufacturer) with an AMSEC product covered by this MAP Policy would violate this policy and is not permitted. 7. Resellers are permitted to advertise AMSEC products with price "mark-outs" or “mark-trough’s," provided the price reflected on the advertisement is at or above MAP. 8. “Factory refurbished" products being advertised must have been purchased as "refurbished" directly from AMSEC. Refurbished items may be offered for sale below MAP pricing with the proviso that the description clearly state that these products are refurbished or used and only carry a 90 day warranty. 9. The MAP Policy applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the Resellers retail location or over the telephone. AMSEC Resellers remain free to sell the selected MAP products at any prices they elect. 10. The MAP Policy does not establish maximum advertised prices. All Resellers may offer AMSEC products at any price in excess of the MAP established for such products. 11. The MAP Policy does not in any way limit the ability of any dealer to advertise that "they have the lowest prices" or, they "will meet or beat any competitor’s price," that consumers should "call for a price" or phrases of similar import as long as the price advertised or listed for the products is not less than MAP. 12. From time to time, American AMSEC may instigate promotions for products covered by the MAP Policy because the products are being discontinued or because they are just being released. In such events, AMSEC reserves the right to modify or suspend the MAP with respect to the affected products by notifying all Resellers of such a change. AMSEC further reserves the right to adjust the MAP with respect to all or certain products at its sole discretion upon 7 days advance written notice to Resellers provided that such changes shall apply AMSEC equally to all Resellers. 13. Only approved Resellers (distributors and dealers) are authorized to advertise AMSEC products. 14. In cases of Resellers not following the terms and conditions of the MAP Policy, appropriate responses on future relationships may be unilaterally imposed by AMSEC. Departure from MAP Policy shall be determined by AMSEC in its sole discretion. AMSEC will not accept any communication from a Reseller who has departed from the AMSEC MAP Policy regarding the departure or the willingness of the Reseller to adhere to the terms and conditions of the MAP Policy. AMSEC will not give prior notice before responding under the MAP Policy.
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15. Reseller who sell to other than consumers should consider implementing their own resale price terms and conditions, consistent with this MAP Policy. 16. This MAP Policy is solely AMSEC's decision and responsibility. No employee or sales representative of AMSEC has any authority to discuss or modify this policy and any action of any person, which claims to modify this policy is unauthorized and invalid. AMSEC does not seek, and or accept, any complaints or comments from Resellers about the pricing practices of any other Reseller. AMSEC will not, under any circumstances, discuss the business dealings of any Reseller. Any questions about this policy should be directed in writing to the policy administrator at: [email protected] Responses will only be made in writing. No oral communications about this policy are authorized. 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 receiving any communication regarding sanctions imposed under this policy. The foregoing MAP Policy and any MAP product listing is subject to modification or discontinuance by AMSEC, in its sole and absolute discretion, at any time. Any action taken by AMSEC under this policy shall be without liability to AMSEC.
Failure to Adhere to MAP Policy Terms and Conditions (AMSEC Direct Dealer) At the discretion of AMSEC, intentional and/or repeated failure to adhere to the terms and conditions AMSEC's MAP Policy can result in the loss of authorization status and the ability to participate in marketing programs, access and funding, including but not limited to: • Advertising or marketing reimbursement funds. • Sales incentives (show specials, promotions, contests). • Residential drop shipments or will calls services. • Cash discount or extended payment terms. • AMSEC’s web based dealer locator map. • Sales leads. • Product specials or bid pricing. • Free product brochures, newsletter, artwork and technical bulletins. • Service work orders or technical service advice.
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