CushCore Minimum Advertised Pricing Policy/Agreement
Effective May 22, 2017, a Minimum Advertised Price (MAP) on all CushCore (CC) products will be in effect. International accounts must reflect pricing as translated into their local currency.
CushCore has been building a brand of strong recognition and a high perceived value since January 2017. By not adhering to the established Minimum Advertised Price (MAP) a reseller can have a dramatic effect of diminishing or detracting from the perceived value of the CushCore brand and its products. The internet, with its worldwide impact, has the possibility to cause great harm to any companies’ products, if they are advertised at prices that will eliminate any legitimate retail competition. Our MAP pricing policy is intended for consumers to purchase from other resellers based on loyalty and customer care expectations. Therefore, if CushCore agrees to allow your company to sell its products, you will need to agree and abide by the following requirements and restrictions.
The MAP policy shall work under the following guidelines:
1) The Minimum Advertised Price for any CC product shall not be less than below the current Manufacturer’s Suggested Retail Price (MSRP) as published on the CC price sheet. MAP pricing is established by CC and may be adjusted by CC at its sole discretion.
2) The MAP for all CC products shall be no more than the MSRP provided in the CushCore Price Sheet.
3) The MAP policy applies to all advertisements of CC products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio, and public signage.
4) The MAP policy is not applicable to: 1) Any in-store advertising that is displayed only in the store and not distributed to any customer(s) outside of their store.
5) The inclusion in advertising of free or discounted products (whether made by CC or another manufacturer) with a product covered by the MAP policy would be contrary to the policy if it has the effect of discounting the adver¬tised price of the covered product below the MAP.
6) If pricing is displayed in other than a brick and mortar retail store, any strike-through or other alteration of the Minimum Advertised Price is prohibited.
7) MAP applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the dealer’s retail location or over the telephone. CC dealers and sales representatives remain free to sell these products at any price they choose.
8) MAP does not establish maximum advertised prices. All dealers and sales representatives may offer CC products at any price in excess of the MAP.
9) CC's MAP policy does not in any way limit the ability of any dealer to advertise that “they have the lowest prices” or, they “will meet or beat any competitors price”, that consumers should “call for a price” or phrases of similar import as long as the price advertised or listed for the products is not less than MAP.
10) Dealer agrees to hold all trademarks and copyrights of CushCore as the property of CushCore and use advertising materials provided by CushCore in an authorized manner only.
11) Intentional or repeated failure to abide by this policy will result in termination of dealership or sales representatives. CC does not intend to do business with dealers or sales representatives who degrade the image of CC and its products. It is CC’s sole discretion whether or not to provide prior notice or issue warnings before taking any action under this policy.
12) E-Bay and Other Auction Web Sites Policy:
• “Buy it Now” options must be listed at a price equal to MAP or greater.
• For auctions the reserve and/or opening bids must start at MAP without a “Buy it Now” option.
• Best Offer Auctions Are Not Allowed
13) Negotiated Contracts: From time to time it may be explicitly approved by CushCore in writing to sell certain CC products at below MAP pricing. The discount amount and length of time will be determined at the time of this approved promotion by CushCore, LLC.
14) Sales representatives of CC products will supply a copy of the CC MAP policy to any new or existing reseller to be filled out, acknowledged and returned to CC. This form shall be signed and returned to CC and in doing so, will bind the reseller to abide by the MAP and reseller requirements spelled out in this document.
MAP Agreement Confirmation
This MAP policy has been established by CC to help ensure the legacy of CC as a top producer of bicycle products and accessories and to protect the reputation of its name and products. The MAP policy is also designed to ensure dealers and sales representatives have the incentive to invest resources into services for CC customers. Please indicate your understanding of this policy and your willingness to abide by its terms and conditions by signing and listing the name of your company below.
Important: Submitting an online dealer application to CushCore constitutes your agreement to this Minimum Advertised Pricing policy.