Vew-Do & Snurfer is dedicated to manufacturing balance boards with the highest quality, innovation, and maximum functionality possible. Our success comes from our relationships with our customers and providing them with consistent, high-quality customer service to compliment the unparalleled high-quality of Vew-Do & Snurfer products. However, this can only be achieved if retailers are adequately motivated to competitively provide such services, and Vew-Do & Snurfer are appropriately and consistently promoted throughout the marketplace. Accordingly, effective immediately, Vew-Do has unilaterally adopted the following Minimum Advertised Price Policy (“MAP Policy”) applicable to all authorized brand retailers (“Retailers”).
- The purpose of this MAP Policy is to provide Retailers with a framework for supporting and promoting Vew-Do and Snurfer products, motivate Retailers to provide high levels of customer service; and maximize sales opportunities by maintaining and enhancing the brands images with the consumer at all times and in all manners possible. This MAP Policy is also enacted in order to encourage creative competition between Retailers.
- Vew-Do and Snurfer Boards are not inviting or seeking, nor shall it accept, any agreement by any Retailer to abide by this Policy. Rather, the brands have unilaterally determined that it will only distribute its products through Retailers that consistently comply with the requirements of this Policy.
- Under this MAP Policy, no Retailer shall advertise or promote any price for any Vew-Do or Snurfer Boards product listed on this dealer site hereto (“MAP Product List”) below five cents (0.5¢) off of Vew-Do & Snurfer Manufacturer’s Suggested Retail Price (“MSRP”), which both brands shall be free to establish or modify at any time without notice. The MSRP is also referred to as the MAP (Minimum Advertised Price).
- Vew-Do and Snurfer Boards believes that in order to maintain the integrity of the brands, the products listed should be priced in accordance with MSRP although actual pricing is not encompassed by this MAP Policy, and for avoidance of doubt retailers remain free to set prices independently and to independently determine whether to abide by or disregard the MSRP.
- The MAP Policy applies to any advertised price (whether advertised using traditional media, email newsletters, email solicitations, Internet or similar electronic media, television, radio, in-store signage, on-line advertisements, paid search advertisements, shopping comparison advertisements, ad landing pages, or any other form of advertising) for any brand product on Exhibit A. This MAP Policy specifically encompasses “click for price” or “call for price” features on any website or print advertising. The MAP Policy applies to all U.S. Retailers of Vew-Do and Snurfer Boards products, including but not limited to, in-store retailers, on-line retailers and catalog retailers.
- In determining whether a Retailer’s advertised or promoted price falls below MAP Price, all discounts, credits, rebates, coupons, gift cards, free-goods, or other discounted products, including Retailer offers to pay sales tax, or a future discount on Vew-Do or Snurfer Boards (or any other brands) shall be considered as an immediate price reduction, and consequently a violation of this MAP Policy. The brands determination concerning whether there has been a violation of the MAP Policy shall be final and binding.
- This MAP Policy is not intended to prevent any Retailer from independently and unilaterally determining the price at which it advertises or resells products on the MAP Product List. Each Retailer remains free to set prices independently and to independently determine whether to abide by or disregard the MAP Policy.
- This MAP Policy does not confer any direct or indirect rights on any Retailer, as a third-party beneficiary or otherwise, concerning the prices that any other Retailer may advertise or offer. Retailers are expressly prohibited under this MAP Policy from discussing the resale prices of any other Retailer with other Retailers or with any Vew-Do or Snurfer Boards employee or representative. Vew-Do and Snurfer Boards does not undertake any obligation to enforce this MAP Policy as against any other Retailer.
- The failure to comply with this MAP Policy in any manner shall be grounds for termination to the extent permissible by law. The failure to immediately terminate a Retailer for violation of this MAP Policy, however, shall not constitute a waiver of the brands right to take such action at a later date for any past, present, or future violations of this MAP Policy.
- While Vew-Do and Snurfer Boards reserves the right to immediately terminate any Retailer for any violation of this MAP Policy, the brands understands that there may be instances where a violation is inadvertent. As such, Vew-Do and Snurfer Boards will typically provide written notice of a Retailer’s first failure to abide by this MAP Policy. Within 24 hours of receiving such notice, the brand expects that the violation will be cured and that there will be no further violations of the MAP Policy for a period of not less than six months. By providing such notification, Vew-Do and Snurfer Boards does not seek or invite, and shall not accept, the Retailer’s agreement to raise resale prices, cure the violation, or otherwise abide by this MAP Policy. If a violation is not cured within 24 hours, the brand will typically cancel some or all pending orders for products on the MAP Product List or limit future orders for products on the MAP Product List, or immediately terminate the relationship with the Retailer. Vew-Do and Snurfer Boards decision in this respect is unilateral.
- Vew-Do and Snurfer Boards does not intend to, nor shall it, coerce any Retailer to comply with this MAP Policy or to otherwise raise prices for any Vew-Do/Snurfer product. If any Retailer believes that it is being subject to any such coercion, it must notify the Vew-Do Map Compliance Officer at; email@example.com or the Snurfer Boards Map Compliance Officer at; firstname.lastname@example.org in writing immediately. Out of abundance of caution, no Vew-Do or Snurfer employee or representative is authorized or permitted to discuss any Retailer’s actual or alleged violation of this MAP Policy, except though written notice as specified in the prior paragraph. If any employee or representative engages in such discussion, the Retailer shall notify the respective brands Map Compliance Officer in writing immediately. Failure to provide any written notification required by this paragraph within 30 days of such incident shall constitute a waiver of any claim the Retailer may have concerning such activity.
- All matters of interpretation and application of the terms of this MAP Policy shall remain within the sole discretion of Vew-Do and Snurfer Boards. Vew-Do and Snurfer Boards reserve the right to modify this MAP Policy at any time without notice.
Thank you for your continued support and understanding.