Doppler Labs: US Minimum Advertised Price Policy
We recognize that our success is tied to the success of our network of select authorized dealers. We also know that many of our dealers invest significant time and resources to deliver an extraordinary customer experience.
Doppler Labs understands that it can be costly for resellers to provide these services. To assure its resellers’ service and support efforts, Doppler Labs desires to establish policies that allow resellers to earn the profits necessary to fund those activities, which may require additional investments in employee training, product displays, product demos, customer support, and other services.
Doppler Labs has determined that reseller advertising and sales practices that promote Doppler Labs products primarily on the basis of price could be detrimental to resellers’ service and support efforts and Doppler Labs’ competitive position. Such activities are likely to harm Doppler Labs’ top-quality brand, reputation, and competitiveness, and allow some resellers to take advantage of the service and support efforts of others, thereby discouraging such efforts on behalf of resellers of Doppler Labs products.
To encourage our resellers to invest the time and effort necessary to promote Doppler Labs products to the best of their abilities and to maintain the competitiveness and superior consumer perception of Doppler Labs products, we have established this Minimum Advertised Price (“MAP”) Policy.
2. Policy Statement
Doppler Labs, in its sole discretion, reserves the right to discontinue doing business or withhold any marketing, program or promotional funds from any reseller that advertises any product(s) covered by this MAP Policy at a price lower than the MAP.
3. General Guidelines
- The products covered by this policy are listed in Exhibit A, (“MAP Products”). Doppler Labs may in its sole discretion modify this list from time to time.
- Doppler Labs recognizes that dealers are free to make their own decisions to advertise and sell any Doppler Labs product at any price they choose, without consulting or advising Doppler Labs. Similarly, Doppler Labs will exercise its right to make its own decisions regarding the Doppler Labs Authorized Reseller Program, supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
- The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store, on the internet, or over the telephone.
4. Advertising Guidelines
- The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as internet sites, social media sites, apps, or any other electronic media. For purposes of clarity, the MAP Policy does not apply solely to on-premise or in-store advertising that is not distributed to customers.
- Website features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, and automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the dealer (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.
- It shall not be a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price”, or to use similar language, specifically with respect to MAP Products, so long as no price is listed.
- This MAP Policy also applies to any activity which Doppler Labs determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as, by way of example and not limitation, solicitations for ‘group purchases’ and the like.
- It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below the MAP and otherwise complies with this MAP Policy.
- From time to time, Doppler Labs may permit resellers to advertise MAP Products at prices lower than the MAP. In such events, Doppler Labs reserves the right to modify or suspend the MAP with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
- From time to time Doppler Labs may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer’s rebate, provided that:
- the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style;
- an asterisk is placed next to the net price after manufacturer’s rebate; and
- “*after manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.
5. Bundling Guidelines
- “Bundling” or advertising Doppler Labs products for sale together with other products will violate this MAP Policy when:
- the advertised price of the bundle represents a discount of greater than fifteen percent (15%) of the MAP for the MAP Product; or
- the product(s) bundled with MAP Products in any way violate Doppler Labs’ intellectual property rights; or
- the product(s) bundled with MAP Products in any way violate the Doppler Labs Trademark and Brand Policy; or
- the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which, in Doppler Labs’ sole reasonable discretion, may create customer confusion as to the source of the bundled product(s); or
- Gift cards, coupons, points, or other incentives that are contingent on the purchase of a MAP Product will violate this MAP Policy when:
- the advertised price of the bundle represents an immediate discount of greater than fifteen percent (15%) of the MAP for the MAP Product; or
- the advertised price of the bundle represents a discount of greater than fifteen percent (15%) of the MAP for the MAP Product after taking into consideration any contingent future purchase.
- Rebate programs from Doppler Labs, whether on MAP Products, Doppler Labs’ partners’ products, or otherwise, are exempt from this MAP Policy.
6. Policy Enforcement
- If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then Doppler Labs will consider this to be a violation by the dealer.
- Doppler Labs reserves the right to cancel any pending orders, restrict future orders, or suspend dealers’ account(s) if Doppler Labs reasonably believes:
- a dealer has violated the provisions of this policy; or
- a dealer intends to violate this policy.
- Doppler Labs’ MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy as occurred, as well as determining appropriate sanctions.
- Written waivers to this MAP Policy may be granted in Doppler Labs’ sole discretion, and solely by the MAP Policy Administrator. For purposes of clarity, Doppler Labs Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.
- The MAP Policy will be enforced by Doppler Labs in its sole discretion and without notice. Dealers, distributors, resellers, have no right to enforce the MAP Policy. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. All questions related to this MAP Policy should be directed to: [email protected]
Exhibit A: MAP Products