DeVol Engineering, Inc.
MINIMUM ADVERTISED PRICE POLICY
We fully acknowledge the importance of a strong dealership network for the motorsports industry. Dealers devote their existence to providing excellent customer service. Our part in ensuring the success of our dealers’ service and support with our products is to discourage price-based advertising. In order to maintain the proper retail advertising presentation of DeVol Engineering, Inc. “DEVOL” Branded and Trademarked products we are providing our valued dealers the following Minimum Advertised Price “MAP” Policy.
The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual either.DeVol Engineering, Inc. reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a lower price than the Manufacturer’s Suggested Retail Price.
- Items affected by this policy are all current DEVOL branded products. This includes current year bike models, plus 2 previous years. i.e. 2018-2016 considered current models. Non-Current models will be considered 2015-earlier years and will not be included in our MAP Policy.
- Brands, Marks, Trademarks, Names and Logos affected by this policy shall not be advertised in any flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio and public signage, as well as internet sites, social media sites, apps, or otherwise at greater than RETAIL as listed in current DEVOL suggested retail price publications.
- The price policy is in effect only as it relates to “DEVOL products“; products we promote as non-current or closeouts or any others we specifically exclude are not affected by this price policy. However, any additional discounting of non-current products must indicate the product is non-current in such advertisement.
- Advertising the covered brand, current and non-current, on Ebay, Amazon and in any printed advertising IS allowed in accordance with the above stated policies and must clearly state: NAME OF BUSINESS, LOCATION, CONTACT INFORMATION, PHONE NUMBER AND EMAIL ADDRESS. Minimum stated bids must be included and also comply with this suggested retail price policy.
- Advertising the covered brand in a way that offers or implies a price or discount greater than retail price is a violation of the advertising policy. Such as, but not limited to “Make Offer”, “Group Purchases”, “Click for Price”, or the like.
- Occasionally, DEVOL may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, DEVOL 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.
- When a special printed program is offered to dealers from the manufacturer, the dealer may reflect that special in their retail advertising. For example, if DEVOL is offering a “Buy a set of Radiator Guards, get a free Skid Plate” program, the dealer may pass this special on to the retail public if the dealer so chooses.
DEVOL will enforce the MAP Policy in its sole discretion and without notice. Dealers, distributors and/or resellers, have no right to enforce the MAP Policy. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law.
Verified violations of the above Retail Advertising Policy for the covered brand referenced will be addressed in the following manner.DEVOL’S MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions. DEVOL sales, marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy.
First Violation: Upon the first violation, DEVOL will issue a written notice of violation to the reseller and will give the reseller an opportunity to remove from publication (including Internet) any price advertising that violates this policy within 24 hours. If the price is not corrected or removed, this violation escalates to the second violation.
Second Violation: DEVOL will issue a written notice of violation to the reseller who will lose the right to purchase and use trademarked brand names, logos and images in any advertising with regard to all products involved in the violation. Reinstatement will be determined at the discretion of DeVol Engineering, Inc.
Third Violation: A third written notice will be issued and, in DEVOL's sole discretion, the reseller's right to purchase DEVOL products or trademarked brand names, logos and images in any advertising with regard to all products involved in the violation, will automatically be suspended for a period of no less than 12 months with reinstatement at the discretion of DeVol Engineering, Inc..
DeVol Engineering, Inc. reserves the right to amend this policy on an ongoing basis, as it deems necessary.
All questions related to this MAP Policy should be directed to: firstname.lastname@example.org
DeVol Engineering, Inc.