MINIMUM ADVERTISED PRICE POLICY (MAP)

1. INTRODUCTION

As our network of authorized dealers continue to grow, we want to protect all of our dealers. GRDIAN believes in maintaining a well regulated and fair marketplace for all its authorized dealers. With this effect, GRDIAN has unilaterally established the Minimum Advertised (MAP) Policy. 

2. POLICY STATEMENT

GRDIAN, with its sole discretion, reserves the right to discontinue doing business with any dealer that advertises any product(s) covered by this MAP Policy at a price lower than the MAP. 

3. GENERAL GUIDELINES

All products by GRDIAN are covered under this policy.

GRDIAN recognizes that dealers are free to make their own decisions to advertise and sell any GRDIAN products at any price they choose, without consulting or advising GRDIAN. Similarly, GRDIAN will exercise its right to make its own decisions regarding the GRDIAN Authorized Dealer Program (GADP), supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.

The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or over the telephone.

GRDIAN believes in maintaining a well regulated and fair marketplace for all its authorized dealers.

4. ADVERTISING GUIDELINES

The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, apps, or any other electronic media.

The MAP Policy does not apply to solely on premise or in-store advertising that is not distributed to customers

Website features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, and automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the dealer (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.

It shall not be a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price”, or to use similar language, specifically with respect to GRDIAN Products, so long as the price is not listed.

This MAP Policy also applies to any activity which GRDIAN determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’ and the like.

It shall not be a violation of this MAP Policy to advertise in general that the dealer has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the dealer does not include any advertised price below MAP and otherwise complies with this MAP Policy.

From time to time, GRDIAN may permit dealers to advertise MAP Products at prices lower than the MAP retail price. In such events, GRDIAN 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 dealers of such changes.

From time to time GRDIAN may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer's rebate, provided that:

i. the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer's rebate in the same type size and style;

ii. an asterisk is placed next to the net price after manufacturer's rebate; and

iii. “*after manufacturer's rebate” appears in the same area of the advertisement as the advertised product.

5. BUNDLING GUIDELINES

“Bundling” or advertising GRDIAN products for sale together with other products will violate this MAP Policy when:

i. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP; or

ii. the product(s) bundled with MAP Products violate GRDIAN's Intellectual Property rights; or

iii. the product(s) bundled with MAP Products violate the GRDIAN's Trademark and Brand Policy; or

iv. the product(s) bundled with MAP Products include words, packaging, graphics, or other indicate which may create customer confusion as to the source of the product(s); or

v. the effective or stated discount is greater than 15% of the highest priced item in the bundle.

Product(s) bundled with the MAP Products must not, without conspicuous warning, be:

i. technically incompatible; or

ii. in the case of memory storage products, not be of recommended memory cards; or

iii. in the case of non-memory storage products, create or encourage additional risk of damage, bodily injury, or death to the customer if used together.

Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy when:

i. the effective or stated price of the bundle represents an immediate discount of greater than 15% of the MAP; or

ii. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP after taking into consideration any contingent future purchase.

Rebate programs from GRDIAN, whether on MAP Products or GRDIAN partners' products are exempt from this policy.

6. POLICY ENFORCEMENT

If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then GRDIAN will consider this to be a violation by the dealer.

GRDIAN reserves the right to cancel any pending orders, restrict future orders, or suspend dealers' account if GRDIAN reasonably believes:

i. a dealer has violated the provisions of this policy; or

ii. a dealer intends to violate this policy.

GRDIAN's MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions.

Waivers to this MAP Policy may be granted in GRDIAN's sole discretion by the MAP Policy Administrator in writing. GRDIAN Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.

GRDIAN monitors the advertised prices of dealers, either directly or via the use of 3rd party agencies or tools. Dealers are expected to provide reasonable cooperation in any GRDIAN investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a GRDIAN MAP Policy investigation is a violation of this MAP Policy.

The MAP Policy will be enforced by GRDIAN in its sole discretion and without notice. Dealers, distributors, dealers, 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. All questions related to this MAP Policy should be directed to: sales@grdian.com