Minimum Advertised Price (“MAP”) Policy
PopSockets has determined that its interests and those of its customers are best served through the adoption of a minimum advertised price (“MAP”) policy. This MAP policy (the “Policy”) is designed to curtail certain advertising practices that undermine PopSockets’ reputation, brand, and image by (1) encouraging desirable pre-sales and post-sales services and infrastructure to be provided to customers by our channel partners, and (2) supporting the PopSockets brand as a premium offering for our customers. The Policy applies to all PopSockets resellers (“Resellers”) in the United States and will be uniformly enforced.
The current list of PopSockets products (the “Products”) and applicable MAP prices are set forth on the attached MAP chart. The Products and MAP may be changed from time to time at PopSockets’ sole discretion. Resellers are responsible for remaining current with the MAP policy, Products, and the MAP.
Minimum Advertised Price.
Although Resellers may advertise and sell a PopSockets product at any price they deem appropriate, any advertisement by a Reseller of the PopSockets products at less than the MAP for such products is a violation of this policy.
The Policy does not constitute an agreement between PopSockets and any Reseller or other party. PopSockets neither solicits nor will it accept any assurance of compliance with the Policy from any Reseller or other party. The Policy is non-negotiable and cannot be modified by anyone other than PopSockets. PopSockets is solely responsible for establishing the MAP for each Product and communicating the MAP to all Resellers.
The Policy applies to all advertisements of the Products in all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, internet or similar electronic media, television, radio, and public signage.
The Policy is not applicable to any physical in-store advertising that is not distributed to the customer.
Pricing listed on an internet website is considered an “advertised price” for the purposes of the Policy. Notwithstanding the foregoing, pricing information displayed at the online checkout stage of a transaction is not considered “advertising” under this Policy. Once pricing is associated with an actual purchase, the price becomes the selling price and this Policy is not applicable.
PopSockets shall determine in its sole and absolute discretion if a violation of the MAP policy has occurred.
PopSockets will take the following actions against any Reseller that fails to comply with this Policy:
The first MAP violation committed by a Reseller will result in a written warning notice from PopSockets.
A second MAP Violation committed by a Reseller during a 12-month period following the first violation will result in written notice to the Reseller and immediate suspension of purchasing access to PopSockets’ Products for thirty (30) days.
After the third MAP Violation committed by a Reseller during a 12-month period following the first violation, PopSockets will remove the Reseller from PopSockets’ list of authorized resellers and any reseller locator; terminate the Reseller’s permission to sell the PopSockets’ products; terminate the Reseller’s license granted by PopSockets to use artwork, photos, graphics and text or PopSockets’ Marks; and permanently terminate the reseller’s reseller agreement, including purchasing access to PopSockets’ products.
A continuing violation of the Policy will be deemed to constitute a subsequent violation if it continues for more than seven (7) days after the reseller receives notice of any violation. Reseller’s choice not to comply with this MAP policy is at its sole discretion.
PopSockets reserves the right at any time to modify, suspend, or discontinue this Policy in whole or in part; to designate promotional periods during which the terms of the Policy change; or to designate periods of time during which the Policy is not applicable.
PopSockets is not seeking agreement from any Reseller to adhere to this MAP policy. It is entirely within the discretion of the Reseller whether to comply or not comply with this policy, with the understanding that PopSockets will take the actions set forth above in response to any noncompliance, including the suspension of purchasing privileges.
POPSOCKETS SALES PERSONNEL HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY OR HAVE ANY COMMUNICATIONS WITH ANY RESELLER REGARDING VIOLATIONS OF THIS MAP POLICY.
All questions or comments regarding this MAP policy are to be directed to the policy administrator at firstname.lastname@example.org. 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 other communication regarding compliance with this policy.
This Policy is effective as of the Effective Date set forth above and supersedes all prior PopSockets policies regarding minimum advertised prices or resale prices for PopSockets’ products applicable to resellers.