Moroso Performance Products is one of the world’s most respected suppliers of automotive equipment for racing and street performance applications. Moroso manufactures over 4000 products, from oil pans and oiling systems to ignition wire, ignition components, valve covers, fuel system equipment, air cleaners, hard-core racing tools, chassis, and suspension equipment, and numerous other performance parts. The company has an impressive list of customers, ranging from grass-roots racers to top-level NASCAR® and NHRA/IHRA race teams.
Policy effective September 1, 2021
Moroso Performance Products, Competition Engineering and Moroso Wire Technologies d/b/a Moroso (“Moroso”) is committed to offering the highest quality product that end-users demand. In an effort to retain brand value and a healthy distribution channel, Moroso is unilaterally implementing a Minimum Advertising Pricing (MAP) policy (“Policy”). This Policy will become effective September 1, 2021 and applies to all distributors and retailers; including but not limited to catalogs, Internet retailers, auction sellers, auction sites, and e-commerce platforms (collectively, “Resellers”) who sell Moroso product to end-users. A Reseller is also considered to be anyone that uses Moroso’s trademarks and intellectual property in connection with the advertisement, offering for sale, or sale of Moroso’s goods, whether such use is with or without Moroso’s consent.
Moroso values the efforts and contributions of all Resellers to distribute Moroso products and support our mutual customers. This Policy is unilaterally adopted by Moroso for the benefit of all Resellers and will be uniformly enforced.
Moroso may use 3rd party services to administer and enforce this Policy. Violations or refusal to participate could result in loss of:
Moroso will, from time to time, publish a Minimum Advertising Price list (“Price List”), which may be amended and adjusted by Moroso at any time in its sole discretion.
Each Price List will identify the effective date, the Moroso products and the minimum advertising price (MAP) for those products. Each advertisement by a Reseller of a Moroso product below the minimum advertised price specified in the current Price List will be a violation of this Policy. The current listing of products and applicable MAP prices are published on the Moroso website at www.moroso.com/mappricing.
This Policy applies only to advertised prices and does not apply to the price at which Moroso products are actually sold or offered for sale to an individual purchaser within Resellers’ retail location or over the telephone. Each Reseller is free to independently set its resale prices at its own discretion. This Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s).
Moroso reserves the right to run promotions of their products through warehouse distributors or independently. Moroso encourages Resellers to utilize the promotions to their advantage while providing a high level of customer service to the end-user.
Moroso encourages retail brand awareness and value-added promotions of our products. Any promotional incentives should be applied to future store-wide purchases and designed not to discount Moroso product below the minimum advertised price specified in the current Price List. If promotions do not meet the requirements of this Policy, they will be in violation, subject to enforcement and penalties.
Policy compliance by all Resellers will be monitored by Moroso and/or its agents. Once a violation is discovered, the Reseller will be notified of the violation. The Reseller will have (2) business days from the date of notification to correct an Internet or e-commerce violation, and (7) business days to correct all other media violations. If a violation is not corrected within this time period allotted, the Reseller will receive the subsequent violation notification(s) each of which shall count as a separate violation of the Policy. Moroso will determine, in its sole discretion, whether any violation has been corrected.
A Level 1 violation is any violation of the Policy that is not corrected within two (2) business days from the date of notification to correct an Internet or e- commerce violation; and (7) business days to correct all other media violations.
Direct accounts may:
A Level 2 violation is any violation of the Policy within 90 days of issuance of Level 1 violation notice. Upon occurrence of a Level 2 violation:
Direct accounts will:
A Level 3 violation is any violation of the Policy within 180 days of Level 2 violation notice. Upon occurrence of a Level 3 violation:
Non-Direct accounts will:
Moroso will not accept product returns or stock exchanges from a Reseller that (i) has been notified of a violation that remains uncorrected, or (ii) is not eligible to purchase Moroso products due to a Level 1, Level 2, or Level 3 violation.
Resellers are responsible for adhering to the Do No Sell list. If a Reseller is determined to be selling to another Reseller under violation of this Policy and on the Do Not Sell list, such primary Reseller will be notified and placed on Level 1 violation.
Notwithstanding the above, based on the sole discretion of Moroso and/or its authorized agent, a Reseller who demonstrates multiple Level 1 violations of this policy may be subject to a permanent prohibition from purchasing Moroso and the Reseller’s rights to use Moroso intellectual property will be forfeited.
A Dealer or WD in level 3 violation may be offered reinstatement to purchase Products (“Reinstatement”), at Moroso’s sole and absolute discretion. Moroso’s determination whether to issue a Reinstatement of a Dealer or WD is solely a unilateral decision of Moroso and will not be based on any agreements, representations or promises of Dealer or WD to comply with Policy.
Moroso and/or assigned agent shall determine violations of this Policy at its sole discretion. Only Moroso’s designated Policy administrator and/or assigned agent are authorized to communicate Policy updates, changes, or decisions. No other Moroso representative or agent is authorized to confirm compliance with, discuss, or amend the Policy.
For inquires contact in writing:
Moroso Performance Products, Inc.
80 Carter Drive
Guilford, CT 06437
The foregoing is a statement of Moroso’s unilateral policy and expresses the terms upon which we will deal with all Resellers. This Policy applies equally to all Resellers. This Policy may be modified by Moroso from time to time. Moroso does not seek, nor will it accept, any agreement or understanding with respect to the prices any Reseller may advertise or charge at any time.
PLEASE REVIEW THIS DOCUMENT CAREFULLY AND COMMUNICATE IT TO ALL INDIVIDUALS AND ENTITIES WITHIN YOUR ORGANIZATION AND ALL RESELLERS WITH WHICH YOU CONDUCT BUSINESS. THIS POLICY GOVERNS CONDITIONS OF SALE FOR ALL FUTURE ORDERS.