USA Adventure Gear
MAP (Minimum Advertised Price) Policies
USA Adventure Gear, Inc., a Colorado corporation, and home to the USA Adventure Gear® brand (“USA Adventure Gear”), has adopted the following Minimum Advertised Price Policy (“MAP Policy”) for all USA Adventure Gear products, except as designated by USA Adventure Gear from time to time in writing or as posted on a website (“Covered Products”). This MAP Policy only applies to products manufactured by USA Adventure Gear, Inc. USA Adventure Gear’s goal in establishing this policy is to avoid degradation of, or damage to, the premium quality and image of its Covered Products and to the trademarks, other marks, brands or trade names under which its Covered Products are sold. USA Adventure Gear intends to sell these Covered Products only to Distributors/Resellers that do not advertise Covered Products below the Minimum Advertised Price set forth in this policy. USA Adventure Gear may choose to enforce this policy through action up to and including termination of a Distributor/Reseller or other authorized distributor that advertises any Covered Product below the stated Minimum Advertised Price as set forth below. This MAP Policy will be applied and enforced as follows:
- The minimum advertised price (“MAP”) for each Covered Product shall be the price designated as the MAP on the current USA Adventure Gear price list as issued by USA Adventure Gear from time to time, or, if no MAP is listed for any Covered Product, the MAP will be the Manufacturer’s Suggested Retail Price (“MSRP”) for that Covered Product minus 10% of that MSRP. Current price lists may be obtained by contacting a USA Adventure Gear sales representative. USA Adventure Gear Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP policy. However, the MAP for one or more products may be amended from time to time and may be suspended periodically for national, regional and/or seasonal promotions sponsored by USA Adventure Gear. Changes to the MAPs will be posted on the USA Adventure Gear website designated by USA Adventure Gear and will supersede the MAPs on the price lists. It is the responsibility of distributors of USA Adventure Gear Covered Products to monitor the designated USA Adventure Gear website for updates.
- This MAP Policy applies to any and all forms of print and electronic media, direct mail, and audio and video communications. Examples of communications to which the MAP Policy applies are set forth in the linked MAP Policy FAQs.
- USA Adventure Gear considers any price advertised below the MAP a violation of its MAP Policy. For example, if a product with a MSRP of $49.95 is advertised at or below $44.95, this is a violation of the MAP Policy.
- Advertising two or more Covered Products (i.e. two USA Adventure Gear products that are covered by this MAP Policy) for sale together (“USA Adventure Gear Product Bundle”) at a price less than the combined MAPs for each Covered Product is a violation of this MAP Policy. USA Adventure Gear reserves the right to issue MAP Policy modifications that apply specifically to USA Adventure Gear Product Bundles. For example, if a USA Adventure Gear Product Bundle includes one Covered Product with a MSRP of $49.95 and a second Covered Product with a MSRP of $17.95, any advertisement at or above $61.11 (the combined MSRP of the Covered Products, or $67.90, minus 10% of that combined MSRP) would comply with this MAP Policy. If USA Adventure Gear issued a $10 MSRP reduction for this same USA Adventure Gear Product Bundle, any advertisement at or above $52.11 would be in compliance; provided, however, that if the products were sold separately, the MAPs for the individual Covered Products would remain at $44.95 (MSRP of $49.95 minus 10%) and $16.15 (MSRP of $17.95 minus 10%), respectively.
- Advertisements featuring a Covered Product, and either (a) another brand of product or (b) a USA Adventure Gear product that is not a Covered Product will comply with this MAP Policy so long as the price in the advertisement is not lower than the Covered Product’s MAP. In determining whether the advertisement contains a price in compliance with this MAP Policy, USA Adventure Gear will assess whether a reasonable viewer of the ad will, looking within the four corners of the advertisement, conclude that the ad is stating a price for the Covered Product below the MAP. For example, if a dealer advertises a Covered Product at the MAP, and provides a free non-USA Adventure Gear branded pump fitting, the advertisement complies with this MAP Policy. If, however, the advertisement shows the Covered Product at the MSRP and the pump fitting at the store’s normal retail price, and then shows a “15% off” of the package, the advertisement violates this MAP Policy. As another example, assume the dealer advertises a Covered Product and a non-USA Adventure Gear branded water filter as “Originally $59.95, now reduced to $44.50.” If the Covered Product has a MAP of $44.95 or higher, then the advertisement violates this MAP Policy because even if the water filter is priced at zero, the net advertised price of the Covered Product is lower than the MAP. In no event may the packaged price of a Covered Product, and either a non-USA Adventure Gear product or a non-Covered Product, be more than 10% below the MSRP of the Covered Product.
- The MAP Policy only applies to advertised prices of Covered Products, and not the prices at which Covered Products are actually sold. The dealer is free to resell Covered Products at any price of its choice.
- USA Adventure Gear reserves the right to modify, suspend, or cancel the MAP Policy, or modify any or all MAPs at any time. USA Adventure Gear will provide notice of any such modifications, suspension or cancellations on the designated USA Adventure Gear website. It is the responsibility of each member of USA Adventure Gear’s distribution network to monitor the USA Adventure Gear designated website for updates.
- If a dealer with multiple store locations violates this MAP policy at any one store location, or on any associated website, then USA Adventure Gear will consider this to be a violation of the dealer.
- If a dealer advertises prices below those required by this MAP Policy, sanctions will be unilaterally imposed by USA Adventure Gear, including but not limited to one or more of the following actions:
- Notify the dealer of the non-compliant advertisement with a reminder of USA Adventure Gear’s MAP Policy on Covered Products;
- Cancel any pending orders, and suspend the dealer’s right to sell the USA Adventure Gear Covered Product in question for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from USA Adventure Gear;
- Cancel any pending orders, and suspend the dealer’s right to sell the entire USA Adventure Gear series designation in question (e.g., ProGear, or SafetyGear, etc.) for a period time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from USA Adventure Gear;
- Cancel any pending orders, and suspend the dealer’s right to sell the entire USA Adventure Gear product portfolio for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from USA Adventure Gear;
- Cancel any pending orders, and suspend the dealer’s right to sell the entire USA Adventure Gear product portfolio for a period of not less than one (1) year, commencing from the date of notice from USA Adventure Gear; and/or
- Terminate the Distributor/Reseller Agreement or other relevant agreement between USA Adventure Gear and the member of the distribution network who has violated this MAP Policy.
USA Adventure Gear will make all decisions concerning compliance with and enforcement of this MAP Policy unilaterally. This MAP Policy is a unilateral declaration of policy by USA Adventure Gear and does not reflect or constitute an agreement between USA Adventure Gear and any Distributor/Reseller, any other authorized distributor, or any other person or entity, and by issuing this policy USA Adventure Gear is not seeking any such agreement.