Metzeler Minimum Advertised Price (“MAP”) Policy  

The Metzeler brand is synonymous with high quality products and superior customer service and support. We are committed to maintaining this brand proposition and will only partner with resellers who are equally committed to the Metzeler brand and Metzeler customers to invest time and resources to provide potential customers with knowledgeable staff, appealing product presentation, available inventory and other services that promote the sale of Metzeler products. Effective February 1, 2018,  Pirelli Tire LLC (the “Company”) has adopted a minimum advertised price policy (“MAP Policy”) designed to support and protect the Metzeler brand’s reputation and competitiveness. 

Scope of MAP Policy 

This MAP Policy covers all resellers of Metzeler products located in the United States, but applies only to the products listed in the Appendix to this MAP Policy (the “Products”). The Minimum Advertised Price  (“MAP Price”) for the Products shall be as provided in the Appendix and as updated from time to time.  The Company does not make any recommendation regarding selling prices nor does the Company make any recommendation regarding maximum advertised prices. Each distributor, dealer and other reseller remains free to set independently its own resale price and no employee or agent of the Company is authorized to suggest anything to the contrary. 

The MAP Policy is limited to the following forms of advertising and communication of the Products:

• Internet advertising – whether in the form of webpages, pop up ads, banner ads or  other form of Internet advertising and whether the advertisement is on the dealer’s  website or on a third party website  
• Offering the Products for sale at online auctions or on any online auction site ∙ Advertising by means of Twitter, text messaging or other forms of mass communication via mobile device or the Internet 
• Broadly sent or automated email communications (Note: an email from a sales employee to an individual customer with a message written specifically for that customer is not subject to the MAP Policy. Similarly, an email response to an email  sent by a customer to retailer or distributor would not be considered an advertisement for purposes of the MAP Policy) 
• Newspaper or magazine advertisements, circulars, retail inserts, free standing  inserts and other print advertising distributed to the general public or to some mailing or delivery list 

It shall be a violation of this MAP Policy for a seller to (a) advertise prices for the Products below the  MAP Price, or (b) advertise any additional discount, coupon, gift card, or incentive that provides an immediate price reduction, where the effect would be to reduce the advertised price of a Product below the Product’s MAP Price. Metzeler-sponsored manufacturer’s rebates or other, similar Metzeler sponsored promotions will be exempt. Free or reduced shipping will not be considered a violation.

It shall also be a violation of this MAP Policy for a seller to sell any of the Products to or through a  reseller who it has been provided formal written notice by the Company is in non-compliance with this  MAP Policy 

Violations of MAP Policy 

Resellers who advertise Products below the MAP Price in violation of this MAP Policy may lose privileges and/or benefits offered by the Company including but not limited to, loss of access to products,  revocation of discounts or other pricing privileges, cancellation of orders and/or inclusion on the  Company’s Unauthorized Reseller or Do Not Sell list. In addition, failure to follow the Company’s MAP Policy may, in the sole discretion of the Company, result in the termination of sales to the dealer.  

The Company will unilaterally determine the need for any enforcement and the nature of such enforcement. The Company does not request, and in fact discourages, any complaints by distributors,  dealers and other resellers as to perceived MAP Policy violations by others and will not discuss such complaints with the complainant. The Company’s failure to impose remedial action for a violation of the  MAP Policy shall not be construed as a waiver or amendment of the MAP Policy or a waiver of the  Company’s right to impose remedial action for other violations.  

Minimum Advertised Price Modifications 

This MAP Policy can be changed, modified, suspended or cancelled at any time at the Company’s discretion consistent with Metzeler’s brand proposition. The Company will advise of any changes to the  Products or the MAP Price for the Products at least thirty (30) days in advance. The Company may designate promotional periods during which the terms of such change, or to designate periods of time during which the MAP Price is not applicable. 

Unilateral Action  

This MAP Policy represents a unilateral statement of the Company’s intentions, rules, and expectations with respect to the resellers with whom we choose to partner. The Company is not seeking agreement from any reseller to adhere to the MAP Price and nothing in this MAP Policy shall create or constitute an agreement between the Company and any of its distributors, dealers or other resellers as to the price at which any distributor, dealer or other reseller sells the Products.  

Any amendments to the Policy will be made officially in writing and signed both by the VP BU Moto and the VP of Sales and Marketing. No other representative is authorized to amend, change, or alter the policy in any way.