High Lifter Products Minimum Advertised Price (MAP) Policy
High Lifter Products (High Lifter) MAP Policy is intended by High Lifter Products to enhance the brand image and value of High Lifter’s products to retail consumers and to encourage dealers and distributors to promote and invest in sales and the quality of service of High Lifter offers.
High Lifter’s MAP Policy does not apply to actual in-store dealer prices. In-store retail pricing for any High Lifter product is the decision of the High Lifter customer and this policy is the responsibility of the High Lifter customer.
Our MAP Policy does not apply to in store point-of-sale merchandising such as signs, stickers, hangtags, or barcodes and similar markings on High Lifter’s products, phone sales, or other store displays that state the retail prices at which the High Lifter product may be purchased.
The High Lifter MAP Policy applies to all media advertising (“Advertising”) which includes, but is not limited to radio, TV, posters, broadcast media, cable, newspaper, magazine, catalogs (either paper or electronic), direct mail, distributed printed materials, and emailed materials. High Lifters MAP policy includes all internet sites, including auction sites, social media, other internet and transmitted digital materials.
- Dealers who comply with this High Lifter MAP Policy may use High Lifter’s’ Intellectual Property and logo to advertise. High Lifter’s trademarks, trade names, logos, and tag lines and all other intellectual property belong to High Lifter and remain the exclusive intellectual property of High Lifter.
- High Lifter’s products may not be sold below MAP by a dealer, distributor, or a distributor’s customer through third party listing exchanges such as Amazon, EBay, Walmart Market Place, Sears Market Place, and any other similar online marketplace site. High Lifter’s products also may not be sold through any type of auction website.
- High Lifter from time to time establishes and publishes a price list for its products including Manufacturer’s Suggested Retail Price (MSRP), which may be amended or adjusted at any time wholly within High Lifter’s sole discretion. This MSRP will be identified with an effective date. When advertising includes references to MSRP, or a price for, any High Lifter product, the price in the advertising must be equal to or not less than 10% of MSRP for the items being advertised. Advertised prices lower than this will be a violation of this MAP policy.
- The dealer may set its own price in store but any out-of-store advertisement of prices must abide by this High Lifter MAP Policy.
- Rebates may be advertised and issued by the dealer but advertised discounts must not result in the net price falling below the High Lifter’s MSRP less 10%.
- For items High Lifter determines to be closeout/discontinued items, High Lifter will specify the discounts off of MAP.
- High Lifter may from time to time choose to offer special promotions on certain products. In the event that such promotions exist High Lifter reserves the right to modify or temporarily suspend its MAP Policy in whole or in part by notifying dealers and distributors of the duration and details of the change. High Lifter additionally reserves the right to alter the MSRP with respect to all or any products it sells at its sole discretion. All such changes in MSRP shall apply equally to all dealers and distributors.
- High Lifter may offer rebates direct to consumers which may constitute pricing below MAP.
- Intentional and/or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed by High Lifter. The level of sanctions will be determined by High Lifter in its sole discretion and may include indefinite termination of sales to dealership or distributorship. High Lifter need not provide prior notice or issue warnings before taking any action under this MAP Policy.
- Suspension means cancellation of all scheduled deliveries of High Lifter product, no further deliveries, and no rights to use High Lifter’s’ Intellectual property in any way including but not limited to advertising.
- High Lifter’s MAP Policy is established unilaterally by High Lifter and is not subject to negotiation. High Lifter is obliged to enforce High Lifter’s MAP Policy uniformly and fairly and will do so and enforce policy entirely on its own accord.
- High Lifter Products may discontinue or update the High Lifter Products MAP Policy at any time.
- All distributors of High Lifter Products agree to supply a copy of this MAP Policy to any existing or new customers that purchase products from said distributor.
High Lifter MAP Policy/June 1, 2016