In order to facilitate the proper representation of all HardDrive® products we are supplying our valued dealers with the following
Minimum Advertised Price (MAP) Policy. This policy is in place with respect to the advertising of HardDrive® trademarks, names,
brands, logos, marks or copyrighted materials in catalogs and publications of any kind including, but not limited to print,
electronic, video or audio products. Our Policy in no way implies any attempt to control the dealer’s selling price of the
aforementioned products. It is simply a policy of dealer retail advertising meant to protect the image, goodwill and market value
of our brands and trademarks.
1. All HardDrive® branded and trademarked products are covered by this policy.
2. HardDrive® unilaterally and in its sole and absolute discretion shall monitor, regulate and enforce these guidelines without
notice. Any questions or concerns about adherence to these guidelines should be submitted in writing to HardDrive® at the
contact information listed above.
A. These guidelines apply to all HardDrive® products and are in addition to any guidelines or policies previously issued by
HardDrive®. These guidelines shall prevail in the case of any conflict with any previously issued guidelines or policies.
B. No HardDrive® sales representative or other personnel have any authority to modify or grant exception to this policy.
3. Brands, marks, trademarks, names and logos affected by this policy shall not be advertised in any retail media print, video,
electronic or otherwise, at prices greater than 10% off MSRP.
4. Co-branded products must follow the HardDrive® MSRP Policy.
5. The price policy is in effect only as it relates to current HardDrive® products. Products we promote as “closeout” or otherwise
specifically excluded are not affected by this price policy. Only “closeout” products are released from MAP protection in regards
to advertised price.
6. 3rd party internet sites are NOT allowed for the sale and/or advertisement of HardDrive® products, with the exception of:
A. Amazon/Ebay—Sales and advertising on Amazon or eBay are permitted but minimum stated bids on listings are
required and must comply with the MSRP advertising policy.
7. Any and all online seller names, aliases and DBAs must be on file with your Western Power Sports and HardDrive® accounts.
8. Advertising the covered products in a way that offers or implied a price below or discount greater than MSRP is a violation of
the advertising policy.
9. Every listing for any HardDrive® item must feature the SKU for that item as that SKU appears on wpsorders.com. Any changes
or modifications to the SKU resulting in the SKU being unidentifiable by our searching software, whether intentional or not,
will be considered an attempt to avoid detection and will constitute the basis for a first MAP violation whether or not the
advertised price is MAP compliant.
10. When an item is returned it is considered either USED or OPEN BOX. OPEN BOX may also refer to damaged packaging from
WPS. For any listings advertising USED/OPEN BOX items for sale the seller must feature USED, OPEN BOX, USED/OPEN BOX or
language similar to that in the title of the listing. Failure to prominently feature such language will result in a violation.
11. Sub-distribution of HardDrive® products to Amazon, Dealers, or any other 3rd party reseller, is strictly prohibited without
written consent from HardDrive®. See Sub-Distribution policy for additional information.
Verified violations of the above Minimum Advertised Price policy will be addressed in the following manner.
First Violation: Dealer will receive a written warning notification. Internet advertising will be given 24 hours to make the proper
corrective changes. If the violation is not corrected within 24 hours, this becomes a second violation.
Second Violation: Dealer will lose the right to purchase HardDrive® products from Western Power Sports and lose the right to use
trademarked brand names, logos, and images in any advertising regarding all HardDrive® products for a period of 48 hours.
Third Violation: Dealer will lose the right to purchase HardDrive® products from Western Power Sports and lose the right to use
trademarked brand names, logos, and images in any advertising regarding all HardDrive® products for a period of 7 days.
Fourth Violation: Dealer will lose the right to purchase HardDrive® products from Western Power Sports and lose the right to use
trademarked brand names, logos, and images in any advertising regarding all HardDrive® products for a period of 30 days.
Fifth Violation: Dealer will lose the right to purchase HardDrive® products from Western Power Sports and lose the right to use
trademarked brand names, logos, and images in any advertising regarding all HardDrive® products for a period of time to be
determined by HardDrive®.
Purchases of HardDrive® products are restricted from the time of the violation notification. Period of suspension will begin once
the violation is corrected. If a suspended dealer violates the HardDrive® MAP Policy, the suspension period will restart at the time
of the violation correction.
Violations will be assessed on a rolling 30-day basis.
HardDrive® reserves the right to amend this policy at any time.
Contact mapadministrator@wps-inc.com with any questions.
Sincerely,
HardDrive®
Besides monitoring and MAP policy enforcement we also develop a healthy relationship with your compliant sellers.