Transamerica Tire Co., Ltd.’s decades of product development and global tire exporting experience allowed us to quickly establish some of the fastest-growing tire brands in the automotive aftermarket industry. Located in the heart of America, our headquarters in Memphis, Tennessee, enable us to keep our finger on the pulse of the American car scene, which dictates the trends or direction of the global automotive aftermarket.
Transamerica Tire Co., LTD is committed to maintaining the integrity and prestige of our Venom
Power Tires brand and in order to protect our dealer network, Venom Power Tires has
unilaterally adopted the following Minimum Advertised Price policy (“MAP Policy”). We
recognize that advertising practices that primarily promote our products based on price could
damage our brand image and the valuable goodwill we have developed in our trademarks. Our
goal in establishing this MAP Policy is twofold. We want to ensure that all Venom Power Tires
products are advertised and promoted in a way that maintains the integrity and reputation
associated with Venom Power Tires’ products. We also want to deter discounters from freeriding
on the efforts of our dealers in marketing and promoting our brand.
● Advertised Price: The price at which Venom Power Tires products are publicly
displayed or promoted.
● MSRP:Manufacturer’s Suggested Retail Price.
● Reseller: Any entity that sells Venom Power Tires products to end consumers.
● Violation: Any instance where a reseller advertises a product below the MAP or
otherwise breaches the MAP Policy.
● Promotional Allowances: Discounts, rebates, or other incentives that effectively lower
the advertised price below the MAP.
This unilateral MAP Policy applies to all resellers of products sold under the Venom Power Tires
brand name (“Products”). Venom Power Tires is not seeking agreement from any reseller to
comply with this MAP Policy. It is entirely within each reseller’s discretion to comply or not
comply; however, non-compliance may result in the termination of the business relationship
between Venom Power Tires and the reseller.
● MAP Restrictions: Resellers may not advertise any Products below the manufacturer’s
MAP. The MAP will be unilaterally established, updated, and revised by Venom Power
Tires from time to time, at its sole discretion. If a Product is not listed on the most current
MAPprice sheet or new product release sheets, it is not subject to this MAP Policy. All
resellers remain free to set prices independently and to independently determine
whether to abide by or disregard this MAP Policy.
● FormsofAdvertisement: The MAP Policy applies to all forms of advertisements in any
and all media, including, without limitation, in-store, flyers, posters, coupons, direct
mailers, brochures, inserts, newspapers, magazines, catalogs, mail-order catalogs,
public signage, other print media, television, radio, email, Internet websites,
e-commerce, any method that uses the hypertext transfer protocol (http) or any internal
link to a web-based shopping cart, and other electronic media that communicates to the
public.
● Stand-Alone Products: Venom Power Tires Products may only be advertised as
stand-alone products and may not be advertised to include promotional allowances.
Resellers may not advertise coupons, cash rebates, buy one (or more)/get one, free
premiums, free or discounted products, reward programs, or bundled promotions
(whether with Venom Power Tires or another manufacturer) with a Product if it has the
effect of lowering the advertised price of the Product below the MAP.
● Permissible Promotions: Free shipping and/or handling or free financing promotions
do not violate the MAP Policy. Promotions that provide a free gift with purchase are not a
violation of this MAP Policy, provided the gift is not a Venom Power Tires-branded
Product. Promotions commonly referred to as “Friends and Family Sales Promotions”
are not a violation of this MAP Policy, provided that these promotions:
○ Occur no more frequently than twice per calendar year and for periods no longer
than one week at a time.
○ Are offered only to a limited group of prior loyal customers and family members of
the retailer.
○ Are not advertised through digital means.
○ Require original non-transferable invitations.
● Virtual Shopping Cart: The MAP Policy does not apply once an item is placed in a
customer’s “virtual shopping cart” on an Internet website. However, terms such as “Click
for price,” “Call for price,” “Click here for a lower price,” “See price in the cart,” “Log-in for
price,” “Add to cart for a lower price,” “Check the cart for a lower price,” “Mouse over for
a price,” “Email for (a better) price,” or similar phrases on a website that display an
advertised price lower than MAP are a violation of this policy. Venom Power Tires’ MAP
Policy does not in any way limit the ability of any reseller to advertise that “they have the
lowest prices” or use other phrases of similar meaning. Prices may be omitted from
advertisements.
● Temporary Adjustments: From time to time, Venom Power Tires may engage in
promotions with respect to certain Products. In such events, Venom Power Tires
reserves the right to modify or suspend the MAP Policy with respect to the affected
Products. Venom Power Tires further reserves the right to unilaterally suspend, amend,
or adjust the MAP Policy at any time with respect to all or certain Products at its sole
discretion. Venom Power Tires’ primary, non-exclusive method of communication will be
via its price sheets for resellers.
● Monitoring: Venom Power Tires may monitor advertised pricing of Products. If a reseller
advertises Products in a manner inconsistent with this MAP Policy, to prevent any
damage to brand integrity, Venom Power Tires may unilaterally and without further
warning discontinue its business relationship with such a retailer.
● Violation Notices and Enforcement: Venom Power Tires understands that there may
be instances where a violation is inadvertent. As such, Venom Power Tires will typically
provide notice of a reseller’s first violation of this Policy, though it is not required to do so.
Within 48 hours of receiving any such notice, Venom Power Tires expects that the
violation will be cured, and that there will be no further violations of the MAP Policy. By
providing such notification, Venom Power Tires does not seek or invite, and shall not
accept, any reseller’s agreement to raise its resale prices, fix the violation, or otherwise
continue to abide by this policy. If a violation is not cured within 24 hours, at its sole
discretion, Venom Power Tires may elect to place the reseller on a no-sell list for 30 days
until the violations have been fixed.
Venom Power Tires is implementing a three-strike model to address Minimum Advertised Price
(MAP) violations. Our dedicated staff is committed to ensuring that all our resellers adhere to
MAPguidelines. We will proactively reach out to retailers through both email and telephone
communication to promptly address any instances of MAP violations.
● First Violation: If the initial violation is not rectified within a 48-hour period from the time
of notification, a first strike will be issued.
● SecondViolation: Should the violation persist after the second notification and another
48-hour grace period, a second strike will be applied. If not corrected, purchasing
discounts will be lost.
● Third Violation: Upon the third notification and third strike, the reseller will be at risk of
losing access to purchase Venom Power Tires unless the violation is promptly remedied.
Our goal is to maintain fair pricing practices and protect the integrity of the Venom Power Tires
brand, and we appreciate your cooperation in upholding these standards.
● FeedbackChannel: Venom Power Tires encourages resellers to provide feedback or
ask questions about the MAP Policy. This can improve compliance and address any
concerns or ambiguities. Transamerica Tire’s primary method of communication will
be via email and price sheets. Dealers are encouraged to stay informed about policy
updates and pricing by contacting marketing@transamericatire.com.
● Unilateral Policy: This MAP Policy does not confer any direct or indirect rights on any
reseller, as a third-party beneficiary or otherwise. Resellers shall not discuss the resale
prices of any other reseller with any Venom Power Tires employee or representative,
and Venom Power Tires will not respond to complaints regarding the actions of a third
party regarding this MAP Policy.
● Non-Contractual Nature: This MAP Policy is not a contract or agreement, and Venom
Power Tires does not seek nor will it solicit or accept any reseller’s agreement with our
policy, nor will Venom Power Tires discuss the pricing of any reseller.
● Interpretation and Application: All matters of interpretation and application of the
terms of this MAP Policy shall remain within the sole discretion of Venom Power Tires.
Venom Power Tires reserves the right to update, revise, modify, or discontinue this policy
and pricing structure at any time without notice.
Besides monitoring and MAP policy enforcement we also develop a healthy relationship with your compliant sellers.
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