Minimum Advertised Price (MAP) Policy
Effective Date: January 1, 2019
Whisker Labs is a premier technology, data science, sensor, and analytics company which and has made significant investments in its brand image—emphasizing both the high quality and performance of its products. In keeping with this, Whisker Labs believes that its products should be advertised at prices that reflect the value of those products and Whisker Lab’s brand(s).
Whisker Labs expects all distributors and retailers (collectively “resellers”), including those selling over the Internet, to maintain its high standards and brand image for this service. Whisker Labs further expects all resellers to take the time to learn about and properly promote its products, so resellers can properly serve their customers.
For all of these reasons, Whisker Labs has implemented this Minimum Advertised Price (“MAP”) Policy (the “Policy”) for all versions of its Ting product (individually, a “Product,” and collectively, the “Products”). This Policy is in addition to and separate from all other programs and policies intended to establish a strong brand presence, allowing the end customer an experience that is consistent with Whisker Labs’ emphasis on high quality and performance.
SCOPE OF POLICY
The Policy applies to all resellers that sell, promote, and/or advertise the Products, including the online sale of Products, and applies to all advertising and promotion of the Products. This includes, without limitation, placements on websites, social media, banner and pop-up ads, broadcast e‑mails, landing pages, affiliate marketing, email marketing, etc.
This Policy applies only to advertised prices and does not apply to the price at which the Products are actually sold to an end customer. All resellers remain free to sell the Products at any price they choose. Whisker Labs does not seek, nor will Whisker Labs discuss or accept, any agreement or assurance from resellers concerning the prices at which any reseller decides to sell the Products.
This Policy covers only the Products (as that term is defined above) and does not apply to damaged, discontinued or non-active products, as long as the Product advertised clearly states that it is damaged, discontinued, or non-active.
From time to time, Whisker Labs may choose to offer special promotions on certain Products. In such an event, Whisker Labs reserves the right to modify or suspend this Policy in whole or in part by notifying resellers of the duration and nature of the change. Moreover, certain products may be added or dropped from this Policy at Whisker Labs’ sole determination.
Each reseller is responsible for regularly checking “www.whiskerlabs.com/map-policy” to be aware of changes to the MAP and this Policy.
ADVERTISING AND PRICES
a. Resellers are not required to indicate pricing for the Products in online media. However, if a price for a Product is indicated, the model shown on the rating plate must be included in the description of the Product being sold, and the advertised price of a Product covered by this Policy cannot be less than the MAP.
b. All advertised Products must accurately refer to the manufacturer’s warranties for the Product. Resellers must not misrepresent the terms of the manufacturer’s warranty or provide any warranty information that is misleading.
c. Resellers are reminded that they are prohibited from using the words “authorized,” “factory authorized,” “authorized reseller,” “factory authorized reseller”, “factory authorized internet reseller” or any other word or phrase that states or implies that the reseller is authorized or sponsored by Whisker Labs.
d. Resellers are reminded that—unless pursuant to a separate express agreement reseller may have with Whisker Labs—no rights to Whisker Labs’ trademarks are granted. Resellers are, therefore, reminded that they are prohibited from, among other things, using the words “Whisker Labs”, “Ting”, or any other Whisker Labs brand or trade name (or any confusingly similar words) as part of their trade or business names. This includes any use of such words within a root URL, email address, or any other identifier associated with a reseller.
e. The Products that compose the Ting service offering must be displayed with pricing. The advertised prices for the Products cannot be less than the MAP.
f. If a reseller advertises an “installed price” for a Product online, the advertised price of the Product must not be lower than the MAP. Advertising free or discounted labor and installation will constitute a violation if such inclusion has the effect of discounting the advertised price of the Product below the MAP.
g. If a reseller advertises a “bundled price” for a Product online, the advertised price of the Product must not be lower than the MAP. Advertising a bundled price will constitute a violation only if such inclusion has the effect of discounting the advertised price of the Product below the MAP.
h. This MAP Policy extends to all sellers of Whisker Labs’ products. Resellers may not sell Products to any other resellers that advertise or otherwise promote the Products in online media by indicating a price that is less than the MAP or that otherwise violates this Policy.
i. The posting or listing of the price of a Product on any approved third-party website, including, without limitation, Amazon, Google Shopping, Yahoo, E-Bay, Facebook or other auction websites is considered as advertising by a reseller and subject to the terms and conditions of this Policy. Pricing that is not MAP compliant on these third-party websites will be in violation of this Policy.
j. Resellers may advertise the Products at any price in excess of the MAP.
k. Resellers who advertise the Products in compliance with this Policy may not promote the Products through arrangements that provide cash back to customers. Doing so diminishes the brand image of the Products.
l. For a reseller’s website, the “shopping cart” or “check out” price is not considered an advertised price and is not subject to this Policy. The shopping cart is the only area on the reseller’s webpage where discounting below MAP can be displayed. For third-party marketplaces, the “buy it now” or “click to cart” buttons are considered part of the “shopping cart.”
m. The following actions by a reseller are not allowed under this policy:
- Displaying a numerical discount, as a percentage or dollars off next to the advertised price, that when applied lowers the advertised price below MAP.
- Use of coupons or codes that imply a percentage or dollars off discount that would lower the advertised price to be below MAP.
- Banners that display sitewide promotions with numerical discounts that when applied lower the advertised price below MAP.
n. The following actions by a reseller are allowed under this Policy:
- Displaying a numerical discount, as a percentage or dollars off next to the advertised price, that when applied does not lower the advertised price below MAP.
- Promotions and sitewide banners that direct the consumer to the shopping cart for additional discounts.
- Payment of applicable sales taxes;
- Offering free shipping; and
- Providing free financing.
This Policy is a “three strikes” policy. If a reseller advertises any of the Products for resale at prices below the MAP three times within a seven-day period such violation will result in such consequences as Whisker Labs may determine in its sole discretion. These consequences may include, without limitation, loss of access or suspension to all or part of Whisker Labs products. After each MAP violation, the reseller or dealer will receive an email with the date, time and screenshots detailing the Policy violation.
If an account is suspended, it will remain suspended for a minimum of seven days after the correction of the MAP violation. Any subsequent MAP violation that occurs within a six-month period from the date of the original suspension is subject to a minimum thirty-day account suspension or account closure, as Whisker Labs may determine in its sole discretion.
Whisker Labs will investigate and resolve any reported violation unilaterally and in its sole discretion and will communicate its decision to the particular reseller that is the subject of the investigation.
This Policy shall be unilaterally administered by Whisker Labs and shall be effective only in the United States and its territories and Canada. Whisker Labs does not seek consultation with any online reseller, nor will Whisker Labs accept an agreement with any online reseller regarding this Policy. There are no third-party beneficiary rights to this Policy. Any failure by Whisker Labs to require compliance with any provision of this Policy will not operate as a waiver of strict compliance in the future.
WHISKER LABS SALES PERSONNEL AND REPRESENTATIVES HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY OR HAVE ANY COMMUNICATIONS WITH ANY RESELLER REGARDING VIOLATIONS OF THIS POLICY. The Policy Administrator shall be solely responsible for determining whether a violation of this Policy has occurred and for communicating with the offending reseller.
This Policy supersedes any other minimum advertised price policy previously issued by Whisker Labs with respect to the Products. If any provision of this Policy is invalid or unenforceable in a jurisdiction or province, it is to be modified or severed in that jurisdiction or province to the extent of such invalidity or unenforceability and that fact does not affect the validity or enforceability of that provision in another jurisdiction or province or this Policy’s remaining provisions.
Each reseller is free to independently decide whether or not to follow this Policy. A reseller’s decision to sell at or above MAP is not communicating acceptance or agreement to comply with this Policy.
This Policy is subject to revision by Whisker Labs in its sole discretion at any time. Whisker Labs will provide notice of changes to the Policy on www.whiskerlabs.com/map-policy, and copies of the current version of the Policy will be available upon request by a reseller. Questions regarding the Policy can be sent to firstname.lastname@example.org.
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Rev. Jan 6, 2020