Overboard Technologies, Inc Minimum Advertised Pricing Policy
Effective [insert date] a Minimum Advertised Price Policy on all Overboard Technologies, Inc.,
products will be in effect (herein referred to as "MAP policy").
As used in this MAP policy, “reseller” means any reseller, distributor, sales representative or
dealer.
Overboard Technologies, Inc., (Overboard Technologies) has spent [insert number of
years you have built your brand] years building a brand of strong recognition and high
perceived value. By not adhering to the established MAP policy, a reseller can
dramatically diminish or detract from the perceived value of Overboard Technologies
brands and products. The global impact of the internet can cause great harm to any
company’s products if they are advertised at prices that will eliminate legitimate retail
competition. This MAP policy is intended to allow consumers to purchase from
resellers based on loyalty and customer experience. In the interest of protecting both
resellers and consumers, it is necessary to abide by the following requirements.
1. The Minimum Advertised Price for any Overboard Technologies’ product shall be no
less than the current Manufacturer’s Suggested Retail Price (MSRP) as published
on the Overboard Technologies price list; to view the current price list, please visit
https://overboardpro.com/shop. This Minimum Advertised Price is established by
Overboard Technologies and may be adjusted by Overboard Technologies at such
time and in such amounts as it may determine at its sole discretion.
2. You shall not list Overboard Technologies products on any third-party website,
such as Amazon, ebay, Overstock, etc. or any others, without prior written consent
from Overboard Technologies. Selling Overboard Technologies products on your own
website associated directly with your store(s) is permissible so long as this MAP
policy is adhered to.
3. This MAP policy applies to all advertisements of Overboard Technologies
products in any and all media, including, but not limited to flyers, posters,
coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs,
email newsletters, email solicitations, internet or other electronic media, television,
radio, and public signage. This MAP policy is not applicable to any in-store
advertising that is displayed only in the store and not distributed to any customers.
4. The inclusion in advertising of free or discounted products, with a product
covered by this MAP policy, would be contrary to the MAP policy if it has the
effect of discounting the advertised price of the covered product below the
Minimum Advertised Price.
5. If pricing is displayed anywhere other than a brick-and-mortar-retail store, any
strike-through or other alteration of the Minimum Advertised Price is prohibited.
6. This MAP policy does not establish maximum advertised prices. All resellers
may offer Overboard Technologies products at any price in excess of the
Minimum Advertised Price.
7. The MAP policy does not, in any way, limit the ability of any reseller to advertise
that "they have the lowest prices" or, they "will meet or beat any competitors’ price,"
that consumers should "call for a price" or phrases of similar meaning as long as the
price advertised or listed for the product is not less than the Minimum Advertised
Price.
8. Overboard Technologies maintains the right to run a temporary sale at its
discretion, and in such case, the Minimum Advertised Price will be the same as the
temporary sale price on those particular items for that particular time period.
9. If a reseller with multiple store locations violates this MAP policy at any one store
location, or on any associated website, then Overboard Technologies will consider this
to be a violation of this MAP policy by the reseller.
10. Overboard Technologies reserves the right to cancel any pending orders,
restrict future orders, or suspend a reseller’s account if Overboard Technologies
reasonably believes:
(i) a reseller has violated the provisions of the MAP policy; or
(ii) a reseller intends to violate the MAP policy.
11. Overboard Technologies’ MAP Policy Administrator is solely responsible for
determining whether a violation of the MAP policy has occurred, as well as for
determining appropriate consequences and sanctions.
12. Waivers to the MAP policy may be granted in Overboard Technologies’ sole
discretion by the MAP Policy Administrator in a written waiver. Overboard
Technologies’ sales and marketing personnel, or any other personnel, are not
authorized to modify or grant exceptions to the MAP policy. In the event that the MAP
Policy Administrator authorizes a waiver to the MAP policy, resellers must strictly
adhere to the terms of the written waiver. Deviation from the terms of the written waiver
is a violation of the MAP policy.
13. Overboard Technologies monitors the advertised prices of resellers, either directly
or via the use of third-party agencies or tools. Resellers are expected to provide
reasonable cooperation in any Overboard Technologies investigations regarding
possible MAP policy violations. Hindering, obstructing, delaying, or otherwise failing to
cooperate with a Overboard Technologies MAP policy investigation is a violation of
the MAP policy.
14. The MAP policy will be enforced by Overboard Technologies in its sole
discretion and without notice. Resellers have no right to enforce the MAP policy.
Violations of the MAP policy may result in any of the aforementioned sanctions up to
and including termination of our business relationship, as well as any available
remedies at law.
15. All questions related to the MAP policy should be directed to:
mappolicy@chefworks.com
The MAP policy has been established by Overboard Technologies to help
preserve and protect the reputation of Overboard Technologies’ name, brand
and products. The MAP policy is also designed to ensure resellers have the
incentive to invest resources into services for Overboard Technologies’
customers.
Please indicate your understanding of this policy and your willingness to abide by its
terms and conditions by signing and listing the name of your company hereunder and
that you are authorized on behalf of the Company to bind the Company to this policy.
EXECUTED on behalf of Overboard Technologies, Inc
by:
1. [Insert name of representative]
Signature
………………………………………..
EXECUTED on behalf of [insert name of the Client]:
1. [insert name of representative]
Signature
……………………………………….
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )
