Matador® U.S. Minimum Advertised Price Policy (MAP Policy)
Matador® is committed to providing customers with new and innovative products in the outdoor, lifestyle, and travel sectors. We understand that our success is tied to the success of our network of authorized resellers and dealers. We also understand that our success requires us to deliver products of excellent quality using some of the most high-tech materials and processes available. It is the goal of this MAP policy to ensure that all dealers of Matador® products are able to deliver a great customer experience and sell top-quality Matador® goods by eliminating price-based advertising and competition. Maintaining adequate margins is critical for our retailers to be successful, and for us to continue making the best products possible without cutting corners.
2. Policy Statement
Matador®, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower than the allowable MAP. Matador may refuse to fill any purchase order, current or future, at its sole discretion.
- The products covered by this policy are listed in Section 7 below. This list, and the policy in its entirety, can also be found online at the following link: http://matadorup.com/pages/matador-map-policy
- Matador® may, in its sole discretion, modify this list from time to time
- Matador® recognizes that dealers and resellers are allowed to make their own decisions to sell any Matador® product at any price they choose, without consulting or obtaining permission from Matador®. Similarly, Matador® will exercise its right to make its own decisions regarding the Matador® Authorized Reseller Program, 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. Advertised prices do include the purchase price of an item listed online.
- Matador® believes in maintaining a well-regulated and fair marketplace for all its authorized resellers. Please review sections 4-6 below for additional information on the MAP policy.
4. Advertising Guidelines
- The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, coupons, posters, mailers, newspapers, inserts, magazines, catalogs, television, radio, and public signage, as well as Internet sites, apps, social media sites, 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 Matador® products, so long as no price is listed.
- This MAP Policy also applies to any activity which Matador® 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 reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.
- From time to time, Matador® may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, Matador™ 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 resellers of such changes.
- From time to time Matador® 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. Guidelines for Bundling Matador® Products
1. “Bundling” or advertising Matador® 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 of the sum of the items in the bundle; or
ii. the product(s) bundled with MAP products violate Matador® Intellectual Property rights; or
iii. the product(s) bundled with MAP products violate the Matador® Trademark.
iv. the product(s) bundled with MAP products include words, packaging, graphics, or other indicia 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 Matador® item in the bundle.
2. Product(s) bundled with the MAP products must not, without conspicuous warning, be:
i. technically incompatible with Matador® products; or
ii. create or encourage additional risk of damage, bodily injury, or death to the customer if used together Matador® products.
3. 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 of the sum of the items in the bundle; or
ii. the effective or stated discount is greater than 15% of the highest priced Matador® item in the bundle.
iii. 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.
4. Rebate programs from Matador®, whether on MAP Products or Matador’s 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 Matador® will consider this to be a violation by the dealer.
- Matador® reserves the right to cancel any pending orders, restrict future orders, or suspend dealers' account if Matador® reasonably believes:
i. a dealer has violated the provisions of this policy; or
ii. a dealer intends to violate this policy.
- Matador’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy as occurred, as well as determining appropriate sanctions.
- Waivers to this MAP Policy may be granted in Matador's sole discretion by the MAP Policy Administrator in writing. Matador’s 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.
- Matador® monitors the advertised prices of dealers, either directly or via the use of 3rd party agencies and/or tools. Dealers are expected to provide reasonable cooperation in any Matador investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Matador MAP Policy investigation is a violation of this MAP Policy.
- The MAP Policy will be enforced by Matador® in its sole discretion and without notice. Dealers, distributors, resellers, 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: MAP@MatadorUp.com
7. MAP Break Period(s)
The MAP Policy defined herein applies at all times with the exception of the periods listed below. The MAP policy will not be enforced during the days listed as "MAP Break Periods."
- The period including and between the days commonly referred to as "Black Friday" and "Cyber Monday" inclusive of the Saturday and Sunday that fall between these days. "Black Friday" is defined as the Friday immediately after the Thanksgiving Holiday in the U.S. which occurs on the fourth Thursday of the month of November. Cyber Monday is the following Monday.
8. List of MAP Products and Pricing