Fidanza Performance (founded 1997) is the US based designer and manufacturer of the highest quality lightweight aluminum flywheels, precision adjustable cam gears and high-performance clutches in the world. With almost 20 years in the performance automotive market, Fidanza is still the best-known and most respected manufacturer of performance and racing flywheels around. With product offerings ranging from European performance, to hot Asian imports, or vintage racecars to modern day muscle cars, we’ve got you covered. Our company is recognized the world over as the premier choice for quality driveline parts.
This document sets forth and explains the Fidanza Performance (Fidanza) Minimum
Advertised Price (“MAP”) Policy (the “Policy”) applicable to all Fidanza resellers with respect
to the advertisement of the Company’s products effective January 1, 2019. Fidanza recognizes
the value of resellers that dedicate resources to the support and promotion of its premium
products to the marketplace. Such valuable services include but are not limited to: educating
customers, installers and other professionals on the unique qualities and features of the
Fidanza products, maintaining an adequate inventory of product on hand to ensure excellent
and timely service to the customer, and using high quality promotional programs and
practices to grow the overall demand for Fidanza products over the demand for any
competitor’s products in the market. Fidanza implemented this program to support resellers in
achieving the Company’s goals of establishing and protecting a uniform and luxury quality
image and reputation, promoting its brand and providing excellent service to the market.
You should read carefully all of the information contained here. Fidanza’s advertised pricing
and advertising allowance policies are explained. You should keep this information for future
reference. No representative of Fidanza other than Jeff Jenkins, President, has the authority to
speak to or modify the terms and conditions of this Policy.
THIS POLICY ADDRESSES ONLY ISSUES SURROUNDING THE ADVERTISEMENT OF PRICES.
ALTHOUGH FIDANZA SUGGESTS RESALE PRICES, THIS POLICY DOES NOT REGULATE
ACTUAL SELLING PRICES.
Part A
A Fidanza reseller remains free to establish its resale prices. However, a reseller may not
advertise or promote Fidanza products at a Net Price below the MAP established from time to
time by Fidanza.
In the event that a reseller violates Part A of this Policy:
First Violation – Reseller shall receive a verbal or email notification of the violation which
explains the consequences of continuing violations.
Second Violation – Reseller shall receive notification by letter or email of the violation which
explains the consequences of continuing violations.
Third Violation – A non-compliant reseller will be added to a “Do not sell list” (DNS) that will
be distributed to all Fidanza distributors, and will remain on the list for thirty (30) calendar
days. The addition to the list will begin the day the notification is sent to said violator..
Fourth Violation – Fidanza shall suspend doing business with reseller for a period to be
determined at the sole discretion of Fidanza.
Part B
A Fidanza reseller or distributor and its customer remain free to establish their own resale
prices. Fidanza resellers are not authorized to sell Fidanza products to entities or persons that
advertise or promote Fidanza products at a Net Price below the MAP established from time to
time by Fidanza This will ensure that a high quality image of Fidanza products is presented
uniformly at every level of the distribution channel.
Distributors are responsible for advising their customers of the Fidanza MAP Policy and the
consequences of violations by distributors’ customers. To ensure that this Policy is uniformly
and correctly described to distributors’ customers, we have attached suggested language for
use when communicating this information.
In the event a reseller violates Part B of this Policy by providing Products to any entity or
person that advertises or promotes Fidanza products at a Net Price less than MAP:
First Violation – Reseller shall receive verbal or email notification of the violation which
explains the consequences of continuing violations.
Second Violation – Reseller shall receive notification by letter or email of the violation which
explains the consequences of continuing violations.
Third Violation – A non-compliant reseller will be added to a “Do not sell list” (DNS) that will
be distributed to all Fidanza distributors, and will remain on the list for thirty (30) calendar
days. The addition to the list will begin the day the notification is sent to said violator.
Fourth Violation – Fidanza shall suspend doing business with reseller for a period to be
determined at the sole discretion of Fidanza.
For the purposes of determining the applicable sanction, violations of Part A and Part B will
be treated separately. Therefore, if a reseller violates Part A and then violates Part B, the non
compliant reseller will be sanctioned under Part A and Part B for the first violation of each, not
treated as if the Part B violation is a “Second Violation.”
Violations
• By advertising or promoting (regardless of place or medium used) one or more of the
Products in the US at a Net Price less than the then current MAP established by
Fidanza. This includes any price published on the Internet, including but not limited to
prices displayed through links, pop-ups and other method of publication on the
Internet, even through another website. For example, reseller may not include
statements such as “click here for best price”, “See price in cart”, or “click here to see
pricing.”
• Reseller is prohibited from selling any Fidanza products to any reseller who has
violated the terms of this Policy.
• Offering, advertising, or providing one or more of the products less than the
established MAP price on any Internet auction site, including but not limited to
ebay.com, ubid.com, bidz.com; yahoo.com; MSN.com; Amazon.com;
Auctionweiser.com; AuctionAddict.com; Auction-Warehouse.com; Auctionet.com;
Auctions.com; Dealspin.com; FairAuction.com; Auctionscape.com;
InternetAuctionList.com; ItsGottaGo.com; BuyItSellIt.com; Auctionguide.com; and
epier.com, or by selling one or more of the products to any person or entity, which
distributor knows or should reasonably know might offer or sell the products on an
Internet auction site.
A reseller remains free to state under the pricing posted in any medium (e.g., TV, paper,
Internet) that the customers may “call directly for pricing” or “contact directly for quote” and
include a telephone number or email address for use by the potential customer. This Policy
does not regulate the final price of Fidanza products shown on a website’s “shopping cart.”
MAP Level
Fidanza has established a MAP of 20% off of Fidanza Manufactured Suggested Resale Price
for Fidanza dealers and 20% off of Fidanza Manufactured Suggested Resale Price for all of
Fidanza products. Net Price shall mean the stated price less all discounts, coupons,
allowances, and free goods or services offered with Fidanza products. Fidanza reserves the
right to change its MAP level on 30 days’ written notice.
Unilateral Policy
Each reseller remains free to determine for itself the resale prices at which it will sell Fidanza
products, and each reseller is free to decide independently whether or not to follow Fidanza
MAP Policy. Fidanza does not ask for, nor will it accept, any assurance of compliance or
agreement from a reseller regarding the prices at which it resells its products, nor will Fidanza
discuss any conditions or acceptance related to this Policy.
Honest mistakes or inadvertent errors may be considered a violation of this Policy. The actual
circumstances, as determined independently by Fidanza, will dictate the manner in which
Fidanza addresses a situation where a reseller is claiming honest mistake. Fidanza will make
any and all decisions related to the imposition or nature of any sanction or penalty
unilaterally.
This Policy may be modified, extended, suspended, discontinued or rescinded in whole or in
part by Notice from Fidanza at any time. Any such Notice will describe the nature of any such
modification, extension, suspension, discontinuation or rescission of the Policy. If there is
any disagreement over the interpretation or enforcement of this Policy, Fidanza view will
control.
Fidanza will determine whether products are being advertised in violation of this Policy and
will implement this Policy uniformly and consistently with applicable laws. All decisions by
Fidanza to take action for a violation of this Policy are final. There will be no negotiation. This
Policy does not apply to discontinued merchandise or closeouts as clearly identified by
Fidanza.
Suggested Language for Explanation of Fidanza MAP Policy
One of our suppliers, Fidanza Performance, recently established and implemented a minimum
advertised price Policy. Fidanza’ Policy clearly states that resellers are free to set their own
resale price.
The Policy prohibits the use of any form of advertisement reflecting a “net price” less than
20% below Fidanza manufacturer’s suggested retail price. Under Fidanza Policy, “Net Price”
means the stated price less all discounts, coupons, allowances, and free goods or services
offered with Fidanza products.
We wanted to alert you to the Policy because it also makes clear that Fidanza resellers are not
authorized to sell Fidanza products to entities or persons that advertise or promote Fidanza
products at a Net Price below the MAP established from time to time by the supplier.
Besides monitoring and MAP policy enforcement we also develop a healthy relationship with your compliant sellers.