BOOSTLINE PRODUCTS RESELLER MINIMUM ADVERTISED PRICE (MAP) POLICY
Effective August 1st, 2020.
BoostLine Products Minimum Advertised Price Policy (MAP Policy) Introduction: As the leading producer of forged racing pistons and other engine related components, BoostLine Products is very proud of its role in introducing quality product solutions to the Automotive & Powersports industries around the world. BoostLine Products also values its reputation for building high quality engineered, manufactured and innovative products in the marketplace.
BoostLine Products recognizes that our Distributors/Dealers invest a lot of time and resources into educating the public about BoostLine Products, training knowledgeable staff, and providing customer support services. BoostLine Products is committed to supporting these efforts of our Distributors/Dealers and maintaining the reputation of BoostLine Products for quality and innovation.
To maintain the high level of customer confidence in the quality of BoostLine Products and the BoostLine Products brand, and to protect the investment of our Distributors/Dealers, BoostLine Products has unilaterally adopted a BoostLine Products Minimum Advertised Price Policy (MAP). The MAP Policy was chiefly adopted because Reseller advertising and sales practices, which promote BoostLine Products primarily based on price would be detrimental to BoostLine Products quality reputation, Distributors/Dealers’ educational training and customer support efforts along with BoostLine Products’ competitive position. Such activities can be harmful to BoostLine Products’ brand, reputation, and competitiveness; and allow some Resellers to take advantage of the educational training, and customer support efforts of others. BoostLine Products believes that such practices are unfair and discourages such efforts.
BoostLine Products, in its unilateral discretion, will not do business with any Reseller that intentionally advertises any BoostLine Products product below its MAP price. BoostLine Products believes that enforcement of the MAP Policy will make BoostLine Products more competitive and benefit all its Distributors/Dealers. (Please see MAP Price Sheet www.jepistons.com).
SECTION 1: POLICY
- BoostLine Products recognizes that any Distributor/Dealer/Reseller, herein referred to as Reseller (Reseller defined as any entity reselling product for financial gain) can make its own independent decisions to advertise and sell any BoostLine Products product at any price it chooses without consulting or advising BoostLine Products. However, BoostLine Products similarly has the right to make its own independent decisions regarding product allocations and participation of a Reseller.
- BoostLine Products reserves the right, in its unilateral discretion, to take any action with respect to any Reseller that violates this MAP Policy. This includes without limitation the right not to sell BoostLine Products to any reseller that violates this MAP Policy. Any Reseller determined by BoostLine Products to have violated this MAP Policy agrees to cease using BoostLine Products intellectual property (Trademarks and Patents) on any online or physical store or in any advertisement.
- BoostLine Products, at its sole discretion, may hire a third party to monitor or enforce the MAP Policy.
- BoostLine Products shall maintain an updated BoostLine Products Price List (see MAP Price Sheet www.jepistons.com) of selected BoostLine Products that will fall under this MAP Policy. BoostLine Products reserves the right to update or modify this list at any time.
- All products listed will have a MAP price (see MAP Price Sheet www.jepistons.com) Listing a price which is lower than the MAP price next to the featured MAP product in any advertising will be viewed as a violation of this MAP Policy. This MAP Policy applies to all advertisement of BoostLine Products in any and all print and digital media. Many websites include features such as “Click for Price,” automated “bounce – back” pricing e-mails, preformatted e-mail responses, forms, automatic price display for any items prior to being placed in a customer’s shopping cart, or other similar features which are all considered “advertising” under this MAP Policy. This MAP Policy also applies to any activity which BoostLine Products, in its sole discretion, determines to be designed or intended to circumvent the intent of this MAP Policy including solicitations for “group purchase” and the like.
- Where BoostLine Products are bundled with or sold as part of a package that includes other products, it shall be a violation of the MAP Policy to sell or advertise the bundle at a price that: (a) is lower than the total MAP of BoostLine Products in the bundle or (b) violates the letter or spirit of the MAP Policy. It shall also be a violation of the MAP Policy if products are bundled with or sold as part of a package that includes products not pre-approved by BoostLine Products. Pre-approved products have been approved by BoostLine Products to ensure the product is up to BoostLine Products standards.
- It shall be a violation of this MAP Policy to include in any advertising for BoostLine Products any additional discount, coupon, gift card, or other incentive that translates into an immediate price reduction, where the cumulative effect would be to reduce the advertised price of any BoostLine Products below MAP. Any such advertising will also be considered considering the requirements of Section 6 above. For example, a gift card redeemable on a future purchase would be considered an “other product” under Section 6 and would be a violation of this MAP Policy.
- If a reseller has multiple stores and violates this MAP Policy with any store, BoostLine Products will consider this to be a violation by all the Reseller’s locations.
- Resellers remain free to establish their own resale prices, but BoostLine Products reserves the right to cancel all orders, indefinitely refuse to accept any new orders, according to published Do Not Sell List (DNS List to Authorized or Unauthorized Resellers www.jepistons.com) and terminate the Account status of any Reseller following BoostLine Products’ verification that such Reseller has advertised any BoostLine Products at a net sales price less than the current MAP price established by BoostLine Products, or if the Reseller has violated this policy in any other way.
Furthermore, Distributors/Dealers are responsible for monitoring to whom they sell to. If the Reseller, or customer is violating the MAP pricing, and are placed on the Do Not Sell List. Do Not Sell List (DNS); DNS shall be comprised of any individual, or business entity that has lost the right to sell or promote BoostLine Products based on the terms of this MAP Policy. The Distributor/Dealer is responsible for not selling that customer. If the Distributors/Dealers is determined, to be selling the customer listed on the DNS list, the Distributors/Dealers will also be in violation, and subject to enforcement penalties.
SECTION 2: RESPONSE TO MAP POLICY VIOLATIONS
Sanctions for violation of BoostLine Products Map policy, at minimum, are set out below.
For the first violation during the Policy Period: The offending Reseller, after receiving notification from BoostLine Products of such violation, will remove or stop the violation, or cause the violation to be removed or stopped (if BoostLine Products determines that it or they can be) within the Allotted Period (for purposes of this Policy, the "Allotted Period" means the time period specified in the notice of violation provided by BoostLine Products to such Reseller, which typically will be one of the following :  no later than one (1) business day (usually for a violation involving the Internet);  no later than three (3) business days (generally for all other cases); or  by the conclusion of the period otherwise specified by BoostLine Products) .
For the second violation during the Policy Period: In the event that the violation that caused the first violation is or are not (A) removed or stopped (if BoostLine Products determines that it or they can be) within the Allotted Period or (B) such Reseller otherwise violates this Policy a second time, effective as of the date specified in notice from BoostLine Products to such Reseller and continuing for the next (30) days, the authorization of such Reseller to purchase each stock-keeping unit ("SKU") in the product family involved in the second violation (as determined by BoostLine Products) will be immediately revoked by BoostLine Products, so that all pending orders (even if accepted) from such Reseller will be cancelled and no new orders will be accepted from such Reseller for each such SKU.
3RD FINAL VIOLATION
For the third violation during the Policy Period: In the event that (A) the offending reference(s), conduct that caused the second violation is or are not removed or stopped (if BoostLine Products determines that it or they can be) within the Allotted Period after receiving notice of the second violation from BoostLine Products or (B) such Reseller otherwise violates this Policy a third time, effective as of the date specified in notice from BoostLine Products to such Reseller and continuing until BoostLine Products provides notice to such Reseller otherwise, if ever, the authorization of such Reseller to purchase any or all of the BoostLine Products designated by BoostLine Products (the "Designated Products") will be immediately revoked by BoostLine Products, so that all pending orders (even if accepted) from such Reseller will be cancelled and no new orders will be accepted from such Reseller for any or all of the Designated Products.
BoostLine Products reserves the right to impose more severe sanctions at its sole discretion if the MAP Administrator believe that is justified and necessary to enforce the policy. BoostLine Products need not provide prior notice or issue warnings before taking any action under this MAP Policy. Intentional and/or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed by BoostLine Products and may include termination.
SECTION 3: GENERAL TERMS
BoostLine Products, Inc is not limited by the terms of the MAP Policy and has the right to exercise its own judgement in determining the Resellers with which BoostLine Products will do business, subject to the terms of any agreement with a Reseller.
Notwithstanding anything to the contrary contained herein, the MAP Policy is a unilateral policy of BoostLine Products and is not a contract or agreement with or by any Reseller. BoostLine Products, in its sole discretion, is responsible for interpreting and enforcing the MAP Policy and may modify, suspend, or terminate the MAP Policy at any time. In the future BoostLine Products may also, in its sole discretion, announce MAP “Holidays.” Which refer to a period during, which the MAP Policy will be temporarily modified by BoostLine Products in a defined manner.
Dealers should email questions regarding the MAP Policy to MapPolicy@BoostLineProducts.com. All interpretations and representations in respect of BoostLine Products Map Policy shall be made by BoostLine Products CEO, Director of Product Management, or Legal Counsel. No other representative of BoostLine Products is authorized to make any representations of interpretations in respect of the MAP Policy, and any such attempted representation or interpretations is unauthorized and invalid.
The MAP Policy applies to Resellers only in the United States and its territories, and the terms of the MAP Policy do not apply to the extent any state or United States territory by statue or other applicable low expressly prohibits policies on minimum advertised prices.
The MAP Policy is confidential, and Resellers should not disclose the MAP Policy or communications on the MAP Policy to any other person or entity.
Questions about this policy should be directed to: MapPolicy@BoostLineProducts.com