Trask Performance MAP Policy
In order to preserve its stature for providing customers with high value american made products and strong post-sales support, and to further enhance the Trask Performance brand image and its competitiveness in the marketplace, Custom Performance LLC / DBA Trask Performance is unilaterally instituting a policy of minimum advertised price standards (MAP) for all Trask Performance products. This Minimum Advertised Pricing Policy (“MAP Policy”) will become effective January 1, 2016 and will apply to distributors and retailers, including catalogs and internet retailers (collectively, “Resellers”), who resell Trask Performance products to end users located in the United States.
Custom Performance LLC / DBA Trask Performance greatly values the efforts of all Resellers to distribute Trask Performance products and support our customers. This MAP Policy is adopted for the benefit of all Resellers and will be uniformly enforced.
This MAP Policy shall work under the following guidelines:
1. Custom Performance LLC / DBA Trask Performance will, from time to time, publish and update the current Manufacturer’s Suggested Retail Prices (“MSRP Schedule”) on its internet website,and dealer price list, which may be amended or adjusted by Custom Performance LLC / DBA Trask Performance at any time in its sole discretion. The MSRP pricing will identify the products and the Manufacturer’s Suggested Retail Price (“MSRP”) for each of those products. Each and any advertisement of a product identified in the Trask Performance MSRP price list below the MSRP will be a violation of this MAP Policy. Any Trask Performance products not specifically identified in the MSRP Schedule are not subject to this MAP Policy.
2. This MAP Policy applies to all advertisements of Trask Performance products listed on the MSRP Schedule in any and all media, including, but not limited to, flyers, posters, mailers, coupons, inserts, newspapers, magazines, catalogs, mail order catalogs, e-mail newsletters, e-mail solicitations, internet or similar electronic media, television, radio, and public signage. This MAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s).
3. The inclusion in advertising of free or discounted products (whether made by Trask Performance or another manufacturer) with a product covered by this MAP Policy is prohibited. All packages (i.e., those that include a combination sale of both products covered in the MSRP Schedule and products not covered under this Policy) must be advertised at the cumulative MSRP of all the products included in the package.
4. If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discount price below the MSRP is prohibited.
5. This MAP Policy applies only to advertised prices and does not apply to the price at which Custom Performance LLC / DBA Trask Performance products are actually sold or offered for sale to an individual consumer within Resellers’ retail location or over the telephone. Resellers remain free to sell these products at any prices they choose under these circumstances.
6. This MAP Policy does not establish maximum advertised prices. All Resellers may offer Trask Performance products at any price in excess of the MSRP.
7. Internet auctions may not display or have reserved bid or other acceptable prices below the MSRP. Best Offer auctions are not allowed.
8. Pricing listed on an Internet site is considered an “advertised price” and must adhere to this MAP Policy. A “click for price” button on a website that displays a price lower than the applicable MSRP is a violation of this policy. However, once the pricing is associated with the end customer’s intent to purchase, the price becomes the selling price and is not bound by this MAP Policy. Pricing is deemed to be associated with the intent to purchase when the product is placed in the customer’s “virtual shopping cart” and the customer has elected to “proceed to checkout.” Statements such as “add to basket to see price”, “we will match any price”, “call for price” or phrases of similar import are acceptable as long as the price advertised or listed for the products is not below the MSRP. In addition, discounts applied at checkout to the entire order based on a customer’s purchasing history with the Reseller, such as discounts for “frequent shoppers”, do not violate this MAP Policy.
9. The advertisement for sale by any Reseller of any product covered by this MAP Policy on any third party website identified by Custom Performance LLC / DBA Trask Performance as being in violation of this MAP Policy is prohibited as of 30 days after the offending website is identified by Custom Performance LLC / DBA Trask Performance. A third party website is any website not owned and controlled by the Reseller.
10. This MAP Policy is solely within Custom Performance LLC / DBA Trask Performance’s discretion and authority acting through the duly authorized managers of Custom Performance LLC / DBA Trask Performance. No employee or sales representative of Custom Performance LLC / DBA Trask Performance has any authority to discuss, modify or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid. All questions about this MAP Policy should be in writing and directed via U.S. Mail to MAP Policy Administrator, Custom Performance LLC / DBA Trask Performance, 21601 N 3RD Ave. Phoenix, AZ 85027 or via e-mail to firstname.lastname@example.org who will respond only in writing. No oral communications about this MAP Policy are authorized. The MAP Policy Administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Resellers regarding the policy and receiving any communications regarding sanctions imposed under this MAP Policy. Any action taken by Custom Performance LLC / DBA Trask Performance under this MAP Policy shall be without liability to Custom Performance LLC / DBA Trask Performance.
11. From time to time, Custom Performance LLC / DBA Trask Performance may choose to offer special promotions on certain products. In such an event, we reserve the right to modify or suspend this MAP Policy in whole or in part by notifying all Resellers of the duration and nature of the change. Custom Performance LLC / DBA Trask Performance further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers.
12. Intentional and/or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed by Custom Performance LLC / DBA Trask Performance. The level of sanctions will be determined by Custom Performance LLC / DBA Trask Performance in its sole discretion and may include indefinite termination of dealership or distributorship. Custom Performance LLC / DBA Trask Performance does not intend to do business with Resellers who degrade the image of Custom Performance LLC / DBA Trask Performance and its products. Custom Performance LLC / DBA Trask Performance need not provide prior notice or issue warnings before taking any action under this MAP Policy.
13. Distributors of Custom Performance LLC / DBA Trask Performance products will supply a copy of this MAP Policy to any new or existing Reseller for their records.
14. This MAP Policy has been established by Custom Performance LLC / DBA Trask Performance to help ensure the legacy of Custom Performance LLC / DBA Trask Performance as a leading producer of high performance, high quality American V-Twin products and to protect the reputation of its name and its products. This MAP Policy is also designed to avoid destructive intra-brand conflict and to ensure that dealers and distributors have the incentive to invest resources into services for Custom Performance LLC / DBA Trask Performance customers.