Audiopipe Minimum Advertised Notice
To protect the investment made by our Dealers and Distributors, Okura USA Inc. has adopted a MINIMUM ADVERTISED PRICE POLICY (“MAP Policy”) for its Audiopipe Line.
Okura USA Inc. established this MAP Policy realizing that reseller advertising and sales practices that promote Audiopipe products primarily on the basis of price can be detrimental to reseller service and support efforts and Audiopipe’s competitive position. These activities can be harmful to the Audiopipe brand, reputation and competitiveness, and allow some resellers to take advantage of the service and support efforts of others. Okura USA Inc. believes that these practices are unfair and thus discourages such efforts. This Policy only applies to U.S. based resellers.
Beginning January 1st, 2017, Okura USA Inc, in its unilateral discretion, will not do business with any reseller, as to the products covered by this MAP Policy, if that reseller intentionally advertises any MAP Product below its MAP price.
Okura USA Inc. is confident that this program will strengthen its competitiveness and benefit all of its resellers.
Official Policy and Guidelines
Guidelines related to this MAP Policy are as follows:
1. Audiopipe reserves the right, in its unilateral discretion, to take action with respect to any reseller that violates this MAP Policy.
2. The MAP Policy will be enforced by Okura USA Inc in its sole discretion.
3. Okura USA Inc. recognizes that any authorized Audiopipe reseller account can make its own decisions to advertise and sell any Audiopipe product at any price it chooses without consulting or advising Okura USA. Okura USA similarly has the right to make its own independent decision regarding product allocations and reseller participation at any time.
4. Okura USA will maintain an updated “MAP” list of those products that will fall under this MAP Policy. Okura USA reserves the right to update or modify this list at any time.
5. Upon receipt of notice of breach of this Policy, Okura USA shall allow 30 continues days for any breaching reseller to bring advertising and sales practices into compliance or Okura USA will cease supplying Product for a period of sixty (60) days. Okura USA reserves the right to cease doing business with repeat offenders.
6. All Products will have a listed MAP retail price. Listing a price below the MAP retail 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 MAP Products in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines catalogs, mail order catalogs, internet or similar electronic media including websites, forums, email newsletters, email solicitations, television, radio, social media and public signage. Such website features as “Click for price”, automated “bounce back” pricing e-mails, pre-formatted e-mail responses, forms, 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 reseller (rather than by the customer) and this constitutes “advertising” under this MAP Policy. This MAP Policy also applies to any activity which Okura USA determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’ and the like.
7. 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 MAP and otherwise complies with this MAP Policy.
8. From time to time, Okura USA may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, Okura USA reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
9. 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 Okura USA Products, so long as no price is listed.
10. If a reseller with multiple store locations violates this MAP Policy at any particular store location, then Okura USA will consider this to be a violation at all of the reseller’s locations.
11. Although resellers remain free to establish their own resale prices, Okura USA reserves the right to cancel all orders and indefinitely refuse to accept any new orders from any resellers following Okura USA’s verification that such reseller has advertised any MAP Products at a net retail sales price less that the then-current MAP retail price established by Okura USA, or if reseller has violated this policy in any other way.
12. It is the responsibility of each reseller to ensure that all dealers to whom that reseller sells Okura USA products to promptly receives a full copy of this MAP Policy and those dealers to whom the reseller sells Okura USA brand products, themselves, adhere fully and completely to the pricing requirements set forth herein. If it is determined by Okura USA that a reseller’s dealer has violated the terms of this MAP Policy, Okura USA can require such reseller to cease and desist all further sales to that offending dealer and may take any other action as Okura USA deems necessary.
13. Okura USA’s sales representatives are NOT permitted to discuss this Policy or make any agreements or assurances with respect to Okura USA’s policies regarding reseller advertising or pricing. This also includes any consumer program or promotion that affects the below-listed MAP Products