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Effective January 1, 2021 All Balls Racing Group, (hereinafter referred to as “ABRG”) is unilaterally implementing this Minimum Advertised Price Policy (the “MAP Policy”) to encourage our Resellers to promote and invest in the effective marketing and sale of ABRG brands that include: All Balls Racing, Vertex Gaskets (Formerly Winderosa Performance Gaskets), Fuel Star, Hot Rods, Cylinder Works, Supersprox, Vertex Racing Pistons, and Wrench Rabbit.
Resellers of ABRG products have the right to make independent decisions to advertise and sell ABRG products at any price without consulting or advising ABRG, and this MAP Policy does not determine, control, or influence the price at which any Reseller sells its products. ABRG similarly has the right to make its own unilateral decisions regarding the composition of its Reseller network, and ABRG reserves the right, in its sole discretion, to discontinue business with or to take any other appropriate action with respect to any Reseller that fails to adhere to this MAP Policy.
The MAP Policy establishes standards for all applicable consumer advertisements of ABRG products. It applies equally to a Reseller’s organization. Each Reseller is responsible for compliance with this Policy by all segments of its organization (online, mail-order and in-store). If any one segment within a Reseller’s organization violates any component of this MAP Policy, ABRG may consider the entire Reseller organization to be in violation of the MAP Policy.
ABRG has established a Manufacturer’s Suggested Retail Price (MSRP) for its products. This MSRP may be amended by ABRG at any time at its sole discretion. It is a violation of this MAP Policy for any Reseller to advertise a product identified with a MSRP at a price that is less than our “minimum advertised price” or “MAP pricing”. Products not specifically identified with a MSRP are not covered by this MAP Policy. ABRG reserves the right to add or delete a MSRP to any product at its own discretion.
It is a violation of this MAP Policy to include in any advertising any additional discount, rebate, coupon, gift card, or other incentive that would result in an immediate price reduction where the cumulative effect of the price reduction is an Advertised Net Price that is less than the MAP. Advertised Net Price is defined as the Reseller’s offered price less the value of any advertised discounts, rebates, coupons, gift cards, or other incentives. It is also a violation of this MAP Policy to indicate in advertisements that an Advertised Net Price lower than the MAP is available. It is in violation of this MAP Policy to imply that a price lower than MAP is available.
Examples of such unauthorized advertisements include “drop in cart” pricing, “add to cart” pricing, “click to see” pricing, and “call for” pricing. Also prohibited are advertisements that indicate that discounts may be available when a customer takes specific action that goes beyond buying the product, such as “special price option” or “name your price”.
The MAP Policy applies to all forms of public consumer advertising in any and all media, including the following categories:
Where ABRG products covered by this MAP Policy are bundled with or sold as part of a package that includes other products, including free or discounted products (whether made by ABRG or another manufacturer), it is a violation of this MAP Policy to advertise the bundle or package at a price that has the effect of discounting the covered ABRG product below the MAP.
This MAP Policy also applies to any activity which ABRG determines, in its sole discretion, is designed or intended to circumvent the intent of this Policy.
This MAP Policy does not apply to the following activities:
*You will not sell or offer for sale on any Third Party Platforms/Marketplaces (This will include sites such as Amazon, Buy, Walmart.com, Rakuten, eBay, auction web sites, etc.) any ABRG products over the Internet or any interactive electronic network without prior written approval from ABRG. Without prior written approval, you are subject to an immediate 4th violation listed below. Please review and complete the authorized Internet Reseller Agreement and Application for consideration of approval.
In order to qualify as an approved third-party reseller, you must please review and complete the authorized Internet Reseller Agreement and Application and return to firstname.lastname@example.org. Current approved 3rd Party Sellers do not need to reapply; you are requested to provide only updated changes in your business.
If your application is approved, you will be required to place a stocking order that includes at least one of the brands mentioned hereafter: All Balls Racing, Hot Rods, Cylinder Works, Supersprox, Vertex Racing Pistons, Vertex Gaskets (Formerly Winderosa Performance Gaskets) Wrench Rabbit and Fuel Star.
As an approved seller you are required to follow all of ABRG’s requirements to retain this approval. If you for any reason fail to comply with ABRG’s MAP Policy you will have this approval terminated immediately.
It is the responsibility of each online, mail-order, or in-store reseller to monitor ABRG MAP Policy and review all aspects of their business practices to ensure compliance. ABRG does not intend to do business with dealers or resellers that compromise the brand, reputation, and competitiveness of ABRG by violating this MAP Policy. ABRG will maintain a Do-Not-Sell list of Resellers that have not corrected violations to the MAP Policy. The Do-Not-Sell list will reflect by SKU, which items are not to be sold to the reseller that is in violation. If the distributor is not able to shut off by SKU, they will revert to the brand where the violation(s) are found. A list of ABRG Authorized Distributors is available on the All Balls
ABRG reserves the right to take any action, in its unilateral discretion, with respect to any Reseller in violation of this MAP Policy, and no dealer or reseller will have the right to enforce or otherwise rely on the continued existence of this MAP Policy or any effort by ABRG to enforce this MAP Policy. In most cases, ABRG will respond to violations of this MAP Policy in the following manner:
• In the event ABRG unilaterally determines that a Reseller has violated the MAP Policy notice will be sent to the Reseller alerting them to the violation. The Reseller must become compliant with the MAP Policy within two (2) business days.
• If, after two (2) business days the initial violation has not become compliant or the Reseller violates the MAP Policy a second time with any of ABRG product covered by this Policy, ABRG will add the Reseller to the Do-Not- Sell list for a period of thirty (30) days, for each item that is in violation.
• The third violation of this Policy will result in the Reseller being added to the Do-Not-Sell list for a period of ninety (90) days, for each item that is in violation.
• The fourth violation of this policy will result in the Reseller being added to the Do-Not-Sell list indefinitely, for each item that is in violation. In addition, the Reseller may not use any of ABRG’s artwork, graphics, photos, or text that relates to ABRG products.
ABRG shall solely determine whether and when to remove a violating Reseller from the Do-Not-Sell list or to otherwise authorize the use of ABRG artwork, graphics, photos, or text that relates to ABRG products.
This MAP Policy is the unilateral decision of ABRG. ABRG will not discuss any conditions of acceptance related to this policy. ABRG senior management is the entity authorized to communicate MAP Policy updates, changes, and decisions regarding violations of this Policy. No other member of ABRG, Authorized Distributors, or Distributor Sales representatives are authorized to modify or amend the MAP Policy without written authorization from the company.
ABRG reserves the right to implement a MAP Holiday during the year depending on market conditions and or during promotional periods. During a MAP Holiday enforcement will be temporarily on hold and sellers may temporarily sell below MAP price. During a MAP holiday, the Third Party Platforms/Marketplace restrictions will remain in place.
ABRG reserves the right to add, change or delete the MAP Policy. If you wish to be notified of any MAP Policy changes, or have any questions, please send a written request to email@example.com. You may also contact ABRG with any questions at the following address:
ABRG Map Team
2751 Parkside Circle
Urbandale, IA 50322