High Lifter Products (High Lifter) MAP Policy is intended by High Lifter Products to enhance the brand image and value of High Lifter Products to retail consumers and to encourage dealers and distributors to promote and invest in sales and the quality of service of High Lifter offers.
High Lifter’s MAP Policy does not apply to actual in-store dealer prices. In-store retail pricing for any High Lifter product is the decision of the High Lifter customer and this policy is the responsibility of the High Lifter customer.
Our MAP Policy does not apply to in store point-of-sale merchandising such as signs, stickers, hangtags, or barcodes and similar markings on High Lifter’s products, phone sales, or other store displays that state the retail prices at which the High Lifter product may be purchased.
The High Lifter MAP Policy applies to all media advertising (“Advertising”) which includes, but is not limited to radio, TV, posters, broadcast media, cable, newspaper, magazine, catalogs (either paper or electronic), direct mail, distributed printed materials, and emailed materials. High Lifter’s MAP policy includes all internet sites, including auction sites, social media, other internet and transmitted digital materials.
1. Dealers who comply with this High Lifter MAP Policy may use High Lifter’s Intellectual Property and logo to advertise. High Lifters trademarks, trade names, logos, and tag lines and all other intellectual property belong to High Lifter and remain the exclusive intellectual property of High Lifter.
2. High Lifter Products may not be sold below MAP by a dealer, distributor, or a distributor’s customer through third party listing exchanges such as Amazon, eBay, Walmart Market Place, Sears Market Place, and any other similar on line marketplace site. High Lifter Products may not be sold through any type of auction website.
3. High Lifter establishes and publishes a price list for its products including Manufacturer’s Suggested Retail Price (MSRP), which may be amended or adjusted at High Lifter’s discretion. This MSRP will be identified with an effective date. When advertising includes references to MSRP, or a price for, any High Lifter product, the advertised price must be equal to or not less than 10% below MSRP. Advertised prices lower than this will be a violation of this MAP policy.
4. The dealer may set its own price in store, but any out-of-store advertisement of prices must abide by this High Lifter MAP Policy.
5. Rebates may be advertised and issued by the dealer but advertised discounts must not result in the net price falling below the High Lifter’s MSRP less 10%.
6. For items High Lifter determines to be closeout/discontinued items, High Lifter will specify the discounts off MAP.
7. High Lifter may from time to time choose to offer special promotions on certain products. In the event that such promotions exist High Lifter reserves the right to modify or temporarily suspend its MAP Policy by notifying dealers and distributors of the change. High Lifter additionally reserves the right to alter the MSRP with respect to all or any products it sells at its sole discretion. All such changes in MSRP shall apply equally to all dealers and distributors.
8. High Lifter may offer rebates direct to consumers which may constitute pricing below MAP.
9. Intentional and/or repeated failure to comply with High Lifter’s MAP Policy will result in sanctions unilaterally imposed by High Lifter. The level of sanctions will be determined by High Lifter at High Lifter’s sole discretion. These sanctions may include immediate suspension or indefinite termination of sales to a specific dealer or distributor, cancellation of all scheduled and future deliveries of High Lifter products and revoking the dealer’s or wholesaler’s rights to use High Lifter’s Intellectual property in any way including but not limited to advertising.
10. Any dealer or wholesaler found to be in violation of High Lifter’s MAP Policy will be contacted via email by a High Lifter representative and will be asked to correct their pricing to 100%comply with High Lifter’s MAP Policy and the dealer or wholesaler will have 48 hours to correct their pricing to 100% comply with High Lifter’s MAP Policy. If the dealer or wholesaler does not reply to our representative or correct their non-compliant pricing within 48 hours of being contacted by High Lifter then, High Lifter reserves the right to immediately suspend or terminate sales, cancel all scheduled and future deliveries of High Lifter products to a specific dealer or wholesaler and revoke the dealer’s or wholesaler’s right to use High Lifter’s Intellectual property in any way including but not limited to advertising. High Lifter need not provide any additional notices or issue further warnings before taking any action under this MAP Policy.
11. High Lifter’s MAP Policy is established unilaterally by High Lifter and is not subject to negotiation. High Lifter is obliged to enforce High Lifter’s MAP Policy uniformly and fairly and will do so and enforce policy entirely on its own accord.
12. High Lifter Products may discontinue or update the High Lifter Products MAP Policy at any time.
13. All dealers and distributors of High Lifter Products agree to supply a copy of High Lifter’s MAP Policy to any existing or new customers that purchase products from said dealer or distributor.
14. All High Lifter dealers and wholesalers have access to or can freely request a copy of High Lifter’s MAP policy at any time. It is the responsibility of High Lifter’s dealers and wholesalers to review High Lifter’s MAP Policy and make sure their pricing complies with High Lifter’s MAP policy which states in summary that no High Lifter product may be advertised at a price lower than 10% below High Lifter’s MSRP.
High Lifter MAP Policy/Jan. 15, 2018