Borgeson Universal Company, Inc.
MINIMUM ADVERTISED PRICE POLICY
Effective September 1, 2019
Borgeson Universal Company, Inc (“Borgeson”) has unilaterally adopted this Minimum Advertised Price Policy (“MAP Policy”), which shall apply to distributors and retailers, including catalogs and Internet retailers, (collectively, “Resellers”) who resell Borgeson products.
Borgeson is adopting this MAP Policy to preserve its strong reputation for providing customers with high-value products and strong after-sales support. Borgeson greatly values the efforts of all Resellers to distribute Borgeson products.
The MAP Policy shall work under the following guidelines:
- The MAP Policy shall apply to all Borgeson products. The minimum advertised price for Borgeson products should not be lower than 90% of the Suggested Retail Price/Trade (“SRP”) for each respective product as provided on Borgeson’s price list in effect at that time. Resellers must be in compliance with this Policy by September 1st, 2019.
- The MAP Policy applies to all advertisements of Borgeson 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 that merely state the price are not considered “advertising” for purposes of this MAP Policy. In that regard, this MAP Policy does not apply to the actual sales price on any “check-out page” of any Reseller’s website or related Internet site (typically the page at which the end-user finally purchases the product).
- 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. Borgeson Resellers remain free to sell the selected MAP products at any prices they elect.
- The MAP Policy does not establish maximum advertised prices. All Resellers may advertise Borgeson products at any price in excess of the MAP established for such products.
- The MAP Policy does not in any way limit the ability of any dealer to advertise, “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. Dealers must not include statements or options related to Borgeson which may lead consumers to perceive the offer of prices below MAP. Statements such as “see price in cart”, “best offer”, “place in shopping cart to see our lowest price”, or other similar statements may not be used. Borgeson must be specifically excluded from any type of advertised storewide sale or promotion if the promotion is perceived to discount Borgeson below MAP. Advertised coupons, dealer bucks, etc. are allowed as long as they are for future storewide purchases only.
- Distributors of Borgeson products will supply a copy of THE BORGESON MINIMUM ADVERTISED PRICE POLICY to any new or existing retail Reseller that they supply.
- In cases of violation of the MAP Policy, If Borgeson determines, to its sole satisfaction, that a Reseller has intentionally taken any action that does not preserve Borgeson’s standards, which may include advertising a Borgeson product at a price below 90% of the SRP, Borgeson, in most cases will respond to violations of this MAP policy in the following ways:
In the event Borgeson finds a reseller in violation, a notice will be sent alerting you of said violation. You will have 3 business days to become compliant.
After the second violation or failing to correct a notified first violation within 3 business days, you will be added to our “DO NOT SELL LIST” for 30 Days.
This will result in the reseller being added to the “DO NOT SELL LIST” for 90 days.
FOURTH AND FINAL VIOLATION.
This is the final violation and will result in the reseller being added to the “DO NOT SELL LIST” indefinitely. In addition, All Borgeson artwork, graphics, photos, or text that relates to our products cannot be used.
- This MAP Policy is solely Borgeson’s decision and responsibility. No employee or sales representative of Borgeson has any authority to discuss or modify this policy and any action of any person, which claims to modify this policy or to solicit or obtain the agreement of any person to the policy, is unauthorized and invalid. Any questions about this policy should be in writing and directed to MAP Administrator, Borgeson Universal Company, 9 Krieger Drive, Travelers Rest, SC 29690, or firstname.lastname@example.org, Attn: MAP administrator who will respond only in writing. No oral communications about this policy are authorized. The foregoing MAP Policy is subject to modification or discontinuance by Borgeson, in its sole and absolute discretion, at any time. Any action taken by Borgeson under this policy shall be without liability to Borgeson.