Ridetech Minimum Advertised Pricing Policy
Air Ride Technologies, Inc. (“RideTech”) has determined that its interests are best served through the adoption of a minimum advertised price (“MAP”) policy (the “Policy”). This Policy is designed to:
- Protect reseller margins.
- Support the RideTech brand as a premium offering.
- Avoid destructive intra-brand channel conflict.
This Policy has been unilaterally adopted by RideTech and will be uniformly enforced.
Policy Coverage
This Policy covers advertising by resellers of RideTech-branded products who are located in the United States. This Policy is not intended to cover advertising in any nation other than the United States. This Policy applies only to minimum advertised prices for RideTech products and does not apply to actual sale prices.
RideTech acknowledges that resellers are free to advertise products at any price level they choose and can determine for themselves whether to comply with this Policy. However, RideTech also has the right to unilaterally announce the conditions upon which it will sell its products to resellers, as well as unilaterally determine to whom it will sell its products. RideTech will, without assuming any liability, unilaterally impose the measures described below against resellers who violate this Policy.
This Policy is not incorporated into any agreement entered into between RideTech and the reseller.
Minimum Advertised Price
RideTech has unilaterally determined that it will be a violation of this Policy for resellers to advertise any RideTech product at a net retail sales price that is less than the established minimum advertised price. For purposes of this Policy, the minimum advertised price (the “MAP Price”) at any given time shall be the then-current pricing as published on RideTech.com or such other price as established by RideTech in its sole discretion.
The terms "advertise" and "advertising" include all media, including but not limited to:
- Flyers, posters, coupons, mailers, brochures, inserts, newspapers, magazines, catalogues, and mail order catalogs.
- Promotion codes, television, radio, public signage, email, and the internet.
- Internet advertising includes all price information available through:
- The reseller's website, except price information found in the "payment," "checkout," or other secured portion of the website (e.g., secured hypertext transfer protocol (https)) where consumers consummate transactions by entering the form of payment and other personal information.
- Any other website, including but not limited to search engines, auction sites, price comparison sites, affiliate sites, and platform partner sites.
Policy Violations
RideTech understands that advertisements can, on rare occasions, contain pricing errors such that resellers may inadvertently violate the Policy. Therefore:
- The first time that a reseller violates the Policy, RideTech may issue a letter advising of the violation and that it will not permit any future violations, whether inadvertent or otherwise.
- If a reseller violates the Policy a second or subsequent time, RideTech may, without assuming any liability:
- Cancel all back orders and orders with future shipping dates for RideTech products that have been advertised in a manner that violates this Policy.
- Refuse to accept new orders for RideTech products that have been advertised in a manner that violates this Policy.
RideTech will notify the violating reseller in the event that any of the aforementioned actions are taken.
Miscellaneous
This Policy may not be disseminated by anyone other than RideTech.
RideTech reserves the right to modify, suspend, or discontinue this Policy at any time at its sole discretion.
Notwithstanding anything to the contrary herein, RideTech reserves the right to unilaterally determine which retail outlets it will supply RideTech products to and may, for any reason, without assuming any liability, refuse to accept new orders for any and all RideTech products.
If any provision of this Policy is determined to be invalid, unlawful, or unenforceable as a matter of law, such provision shall be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law.