ATS Diesel MAP Policy
In order to preserve ATS’ reputation for providing customers with high-value products and strong after-sales support, and to further enhance the ATS brand image and competitiveness in the marketplace, ATS is instituting a policy of minimum advertised price standards. ATS’s MAP policy will apply to distributors and retailers, including catalogs and internet retailers (collectively, “Resellers”), who resell ATS products to end-users located in the United States or Canada.
ATS greatly values the efforts of all Resellers to distribute ATS products and support our customers. This MAP Policy is adopted for the benefit of all Resellers and will be uniformly enforced.
This MAP Policy shall work under the following guidelines:
- ATS will, from time to time, publish a Schedule of Manufacturer’s Suggested Retail Prices (“MSRP Schedule”) on its Internet website, which may be amended or adjusted by ATS at any time in its sole discretion. The MSRP Schedule will identify the effective date, the products, and the MSRP for those products. Each advertisement of a product identified in the MSRP Schedule more than 5% below the MSRP will be a violation of this MAP Policy.
- This MAP Policy applies to all advertisements of ATS products listed on the MSRP Schedule in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, e-mail newsletters, e-mail solicitations, internet or similar electronic media, television, radio, and public signage.
- The inclusion in advertising of free or discounted products (whether made by ATS or another manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy if it has the effect of discounting the advertised price of the covered ATS product more than 5% below the MSRP.
- If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discount price more than 5% below the MSRP is prohibited.
- This MAP Policy does not establish maximum advertised prices. All Resellers may offer ATS products at any price in excess of the MSRP.
- Internet auctions may not display or have reserved bid or other acceptable prices more than 5% below the MSRP.
- Pricing listed on an Internet site is considered an “advertised price” and must adhere to this MAP Policy. Statements such as “add to basket to see price,” “we will match any price,” “call for price” or phrases of similar import are acceptable as long as the price advertised or listed for the products is not more than 5% below the MSRP. In addition, discounts applied at checkout to the entire order based on a customer’s purchasing history with the Reseller, such as discounts for “frequent shoppers,” do not violate this MAP Policy.
- This MAP Policy is solely within ATS’ discretion and authority acting through the duly authorized managers of ATS. No employee or sales representative of ATS have any authority to discuss, modify or grant exceptions to this MAP Policy.
- From time to time, ATS may choose to offer special promotions on certain products. In such an event, we reserve the right to modify or suspend this MAP Policy in whole or in part by notifying all Resellers of the duration and nature of the change. ATS further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers.
- Intentional and/or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed by ATS. The level of sanctions will be determined by ATS in its sole discretion and may include indefinite termination of dealership or distributorship. ATS does not intend to do business with Resellers who degrade the image of ATS and its products. ATS need not provide prior notice or issue warnings before taking any action under this MAP Policy.
- Distributors of ATS products will supply a copy of this MAP Policy to any new or existing Reseller for their records.
- The terms of this MAP Policy are confidential and should not be disclosed to other parties.
This MAP Policy has been established by ATS to help ensure the legacy of ATS as a top producer of high performance, high-quality products and to protect the reputation of its name and products. This MAP Policy is also designed to avoid destructive intra-brand conflict and to ensure that dealers and distributors have the incentive to invest resources into services for ATS customers.