Effective Date: September 1, 2020
Leeds Imports LLC dba Airchamber USA ("Airchamber USA") has adopted the following Minimum Advertised Price (MAP) Policy for the Airchamber USA product line. This MAP Policy applies to all Airchamber USA Retailers, Wholesalers, Distributors, Kitchens, Authorized Online Retailers, and Preferred Online Retailers (each, a Airchamber USA Reseller), is effective September 1, 2020, and replaces and supersedes any prior MAP policies for Airchamber USA brand products.
Airchamber USA is a premium brand committed to delivering an outstanding experience and best-in-class automobile protection. Consistent with that commitment Airchamber USA brings to market unique products that discerning higher-end auto-enthusiasts seek. Airchamber USA believes that certain advertising practices are inconsistent with its competitive strategy for these products and for the Airchamber USA brand image as a leader in the marketplace. These practices also may undermine the commitment of Airchamber USA and the Airchamber USA Resellers to provide an appropriate level of service, merchandising, advertising, and promotion in the support of Airchamber USA's strategy for Airchamber USA Products (as so designated from time to time by Airchamber USA in its price files or otherwise) and in turn, the Airchamber USA brand image.
In keeping with the strategy outlined above, Airchamber USA has adopted the following Policy:
- Airchamber USA Resellers shall not advertise Airchamber USA MAP Products in any medium (including, without limitation, print, radio, television, retailer or other websites, auction sites, shopping engines, online marketplaces, internet resale sites, and electronic media) at a consumer advertised price lower than the Minimum Advertised Price established by Airchamber USA from time to time for the particular product.
- For purposes of this Policy, the Consumer Advertised Price is the net price that results from the application of any coupons, giveaways, rebates, or other consideration provided in connection with the offered transaction.
- Authorized and Preferred Online Resellers must display an advertised price for all Airchamber USA MAP Products on the product detail page. For clarification, verbiage such as “Click for price” does not satisfy the requirement for displaying an advertised price.
- Airchamber USA Online Resellers may not modify product names, descriptions, or SKU numbers on product listing pages and marketing materials, such as by omitting or modifying hyphens or other punctuation or take any other actions in an attempt to obscure or conceal violations of this Policy.
- Airchamber USA has established a Minimum Advertised Price for Airchamber USA MAP Products as follows: 0% below Airchamber USA’s then-current list price for designated Airchamber USA Products
- Airchamber USA reserves the right, in its sole discretion, to change the Minimum Advertised Price generally or with respect to certain products and, if it does so, it will provide notice of such change at least 30 days in advance.
- This Policy shall not apply to products that are designated as obsolete or discontinued by Airchamber USA in its sole discretion.
- Airchamber USA Resellers are free to establish their own actual sale prices for Airchamber USA Products and their own advertising policies.
- If any Airchamber USA Reseller that is not an Authorized Online Retailer or a Preferred Online Retailer fails to comply with this Policy, the consequences set forth on Exhibit A shall apply.
- If an Authorized Online Retailer or a Preferred Online Retailer fails to comply with the provisions set forth in this Policy, the consequences set forth on Exhibit A shall apply.
- If an Airchamber USA Reseller believes a violation notice was sent in error, then within five business days from receiving such notice, it may submit evidence to Airchamber USA for consideration. If Airchamber USA, in its sole judgment, finds such evidence to be persuasive, it may rescind the finding of a violation. Notwithstanding the provisions of Exhibit A, (a) after a first violation, a failure to comply with this Policy will not be treated as a violation unless it occurs (or continues) more than two days after a previous violation, and (b) any violation of this Policy that occurs more than 12 months before the most recent violation will no longer be considered a violation for purposes of calculating the appropriate level of consequence.
- Airchamber USA reserves the right, in its sole discretion and without being required to exhaust the consequences on Exhibit A to stop selling Airchamber USA Products to any Airchamber USA Reseller that Airchamber USA deems to be a chronic violator or that otherwise demonstrates its unwillingness or inability to comply with this Policy.
- On a limited or infrequent basis, holiday or other short-term promotion exceptions may be approved in advance by Airchamber USA, in its sole discretion.
Airchamber USA has adopted this Policy unilaterally in furtherance of its independent business strategy for its Airchamber USA brand. Each Airchamber USA Reseller is free to decide independently whether to follow this Policy. No Airchamber USA employee or representative is authorized to modify or change this Policy for any particular Airchamber USA Reseller. Airchamber USA alone will implement, interpret, and enforce this Policy in its sole discretion and independent judgment. Airchamber USA does not expect, and will not accept, any assistance from or agreement with its customers about this Policy or its implementation, interpretation, or enforcement. Please make sure that all appropriate people in your organization receive a copy of this Policy. Airchamber USA reserves the right to amend or discontinue this Policy at any time, and we will notify you of any such amendment or discontinuation. This Policy is in addition to and separate from all other Airchamber USA policies.
Thank you for your continued support of Airchamber USA products.
Exhibit AConsequences for violations by any Airchamber USA Authorized or Preferred Online Retailer or any Reseller that fails to comply with this Policy, the following consequences shall apply:
- First Violation: Written Warning (may be via email).
- Second Violation: For 30 days, (i) loss of all Authorized Online Retailer benefits, (ii) Airchamber USA will stop selling all Airchamber USA Products to the violator, and (iii) the retailer will not be authorized to purchase Airchamber USA Products from any distributor.
- Third Violation: Indefinite suspension and (i) loss of all Authorized Online Retailer benefits, (ii) Airchamber USA will stop selling all Airchamber USA Products to the violator, and (iii) the retailer will not be authorized to purchase Airchamber USA Products from any distributor. Any Reseller who chooses to supply violators regardless of status will be indefinitely suspended from any and all Reseller benefits immediately.