DragonFire MAP Policy - 2018
DragonFire has instituted and enforces
a policy of minimum advertised price standards for DragonFire products. This
Minimum Advertised Pricing Policy (“MAP Policy”) applies to all distributors
and retailers, including catalogs and internet retailers (collectively,
“Resellers”), who resell DragonFire products to end users.
DragonFire greatly values the efforts
our Resellers to distribute DragonFire products and support our customers. This
MAP Policy shall work under the following guidelines:
1. DragonFire will, from time to time,
publish a Schedule of Manufacturer’s Suggested Retail Prices (“MSRP Schedule”)
on its website, which may be amended or adjusted by DragonFire at any time at
its sole discretion. The MSRP Schedule will identify the effective date, the
products, and the manufacturer’s suggested retail price (“MRSP”) for those
products. Each advertisement of a product identified in the MSRP Schedule more
than 5% below the MSRP will be a violation of this MAP Policy. DragonFire
products not specifically identified in the MSRP Schedule are not subject to
this MAP Policy. The initial MSRP Schedule is enclosed below.
2. This MAP Policy applies to all
advertisements of DragonFire products listed on the MSRP Schedule in any and
all media, including, but not limited to: flyers, posters, coupons, mailers,
inserts, newspapers, magazines, catalogs, mail order catalogs, e-mail
newsletters, e-mail solicitations, internet or similar electronic media,
television, radio, and public signage. This MAP Policy is not applicable to any
in-store advertising that is displayed only in the store and not distributed to
3. The inclusion in advertising of free
or discounted products (whether made by DragonFire or another manufacturer)
with a product covered by this MAP Policy would be contrary to this MAP Policy
if it has the effect of discounting the advertised price of the covered
DragonFire product more than 5% below the MSRP.
4. If pricing is displayed, any
strike-through or other alteration of the MSRP that is paired with a discount
price more than 5% below the MSRP is prohibited.
5. This MAP Policy applies only to
advertised prices and does not apply to the price at which DragonFire products
are actually sold or offered for sale to an individual consumer within
Resellers’ secure, not public retail location or over the telephone. Reseller
remains free to sell these products at any prices they choose if there is no
advertised price 5% below MSRP.
6. Resellers remain free to sell these
products at any prices they choose.
7. This MAP Policy does not establish
maximum advertised prices. All Resellers may offer DragonFire products at any
price in excess of the MSRP.
8. Internet auctions may not display or
have reserved bid or other acceptable prices more than 5% below the MSRP.
9. Pricing listed on an internet site
is considered an “advertised price” and must adhere to this MAP Policy. Once
the pricing is associated with an intent to purchase (added to shopping cart or
order), the price becomes the selling price and is not bound by this MAP
Policy. Statements such as “add to basket to see price”, “we will match any
price”, “call for price” or phrases of similar import are acceptable as long as
the price advertised or listed for the products is not more than 5% below the
MSRP. In addition, discounts applied at checkout to the entire order based on a
customer’s purchasing history with the Reseller, such as discounts for
“frequent shoppers”, do not violate this MAP Policy. For the avoidance of doubt,
the internet Reseller remains free to sell products at any prices they choose.
10. This MAP Policy is solely within
DragonFire’s discretion and authority acting through the duly authorized
managers of DragonFire. No employee or sales representative of DragonFire has
any authority to discuss, modify, or grant exceptions to this MAP Policy. Any
representation or action by any employee, sales representative, or persons not
specifically authorized to discuss, modify or grant exceptions to this MAP
Policy under this paragraph is unauthorized and invalid. All questions about
this MAP Policy should be in writing and directed via U.S. Mail to MAP Policy
Administrator, DragonFire, at 3191 N Washington Suite 2 Chandler,
AZ 85225 or via e-mail to firstname.lastname@example.org who will respond only
in writing. No oral communications about this MAP Policy are authorized. The
MAP Policy Administrator shall be solely responsible for determining whether a
violation of the policy has occurred, communicating decisions to Resellers
regarding the policy and receiving any communications regarding sanctions
imposed under this MAP Policy. Any action taken by DragonFire under this MAP
Policy shall be without liability to DragonFire.
11. From time to time, DragonFire may choose
to offer special promotions on certain products. In such an event, we reserve
the right to modify or suspend this MAP Policy in whole or in part by notifying
all Resellers of the duration and nature of the change. DragonFire further
reserves the right to adjust the MSRP with respect to all or certain products
at its sole discretion. Such changes shall apply equally to all Resellers.
12. Intentional and/or repeated failure
to abide by this MAP Policy will result in sanctions unilaterally imposed by DragonFire.
The level of sanctions will be determined by DragonFire at its sole discretion
and may include indefinite termination of dealership or distributorship,
cancellation of orders, and/or refusal to accept new orders. DragonFire does
not intend to do business with Resellers who degrade the image of DragonFire
and its products. DragonFire need not provide prior notice or issue warnings
before taking any action under this MAP Policy.
13. Distributors of DragonFire products
will supply a copy of this MAP Policy to any new or existing Reseller for their
records, and will also update resellers of any revisions or updates to the MAP
14. The terms of this MAP
Policy are confidential and should not be disclosed to other parties except for
the required distribution by distributors to any new or existing Resellers as
set forth in Section 13.