MAP
Minimum Advertised Price (MAP) Policy – Updated December 1, 2017
Tomorrow’s Resources Unlimited, Inc. (hereinafter called “T.R.U., Inc.”), DBA T.R.U. Ball® Releases and AXCEL® Sights and Scopes has determined that its interests are best served through the adoption of a minimum advertised price ("MAP") policy. This MAP policy is designed to (1) protect reseller margins so that desirable pre-sales and post-sales services and infrastructure can be provided by our channel partners; (2) support the T.R.U., Inc. brand as a premium offering; and (3) avoid destructive intra-brand channel conflict. This policy has been unilaterally adopted by T.R.U., Inc. and will be uniformly enforced.
Tomorrow’s Resources Unlimited, Inc. (hereinafter called “T.R.U., Inc.”), DBA T.R.U. Ball® Releases and AXCEL® Sights and Scopes has determined that its interests are best served through the adoption of a minimum advertised price ("MAP") policy. This MAP policy is designed to (1) protect reseller margins so that desirable pre-sales and post-sales services and infrastructure can be provided by our channel partners; (2) support the T.R.U., Inc. brand as a premium offering; and (3) avoid destructive intra-brand channel conflict. This policy has been unilaterally adopted by T.R.U., Inc. and will be uniformly enforced.
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Policy Coverage
This MAP policy covers all T.R.U., Inc. resellers worldwide. Although resellers remain free to establish their own resale prices, T.R.U., Inc. will, without assuming any liability, unilaterally impose sanctions as described in this policy against resellers who advertise applicable T.R.U., Inc. products at prices below those specified herein. T.R.U., Inc. will not discuss any conditions of acceptance related to this MAP policy, as it is non-negotiable, and will not be altered for any reseller. T.R.U., Inc. neither solicits, nor will it accept, any assurance of compliance with this MAP policy. Nothing in this MAP policy or in any other contract or agreement with T.R.U., Inc. shall constitute an agreement between T.R.U., Inc. and reseller that the reseller will comply with this MAP policy. MAP applies only to minimum advertised prices and does not apply to the price at which the products are actually sold, or to advertised prices higher than the unilateral minimum resale prices established by T.R.U., Inc. from time to time.
Policy Coverage
This MAP policy covers all T.R.U., Inc. resellers worldwide. Although resellers remain free to establish their own resale prices, T.R.U., Inc. will, without assuming any liability, unilaterally impose sanctions as described in this policy against resellers who advertise applicable T.R.U., Inc. products at prices below those specified herein. T.R.U., Inc. will not discuss any conditions of acceptance related to this MAP policy, as it is non-negotiable, and will not be altered for any reseller. T.R.U., Inc. neither solicits, nor will it accept, any assurance of compliance with this MAP policy. Nothing in this MAP policy or in any other contract or agreement with T.R.U., Inc. shall constitute an agreement between T.R.U., Inc. and reseller that the reseller will comply with this MAP policy. MAP applies only to minimum advertised prices and does not apply to the price at which the products are actually sold, or to advertised prices higher than the unilateral minimum resale prices established by T.R.U., Inc. from time to time.
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Minimum Advertised Price
The current product catalogue and listing of products are published on the T.R.U., Inc. website. The MAP price shall be listed on the appropriate price lists. The price list may be changed from time to time at the sole discretion of T.R.U., Inc. T.R.U., Inc. resellers are responsible for remaining current with MAP policy, products and pricing. Each advertisement below the MAP will be a violation of the policy.
The MAP policy applies to all advertisements of specific T.R.U., Inc. products in and all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and public signage.
Minimum Advertised Price
The current product catalogue and listing of products are published on the T.R.U., Inc. website. The MAP price shall be listed on the appropriate price lists. The price list may be changed from time to time at the sole discretion of T.R.U., Inc. T.R.U., Inc. resellers are responsible for remaining current with MAP policy, products and pricing. Each advertisement below the MAP will be a violation of the policy.
The MAP policy applies to all advertisements of specific T.R.U., Inc. products in and all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and public signage.
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Policy Violations
In the event a reseller chooses not to follow the T.R.U., Inc. MAP policy, sanctions will be unilaterally imposed by T.R.U., Inc. The level of sanctions imposed will increase with each violation of the policy. Violations of MAP policy shall be determined by T.R.U., Inc. in its sole discretion. T.R.U., Inc. will not
accept any communication from a reseller who has violated this MAP policy regarding the violation or the willingness of the reseller to bring its prices into compliance with the MAP policy. In addition to the above, failure to adhere to the MAP policy will be a factor taken into consideration in the determination of the acceptance of resellers participation in the T.R.U., Inc. reseller partner program.
Policy Violations
In the event a reseller chooses not to follow the T.R.U., Inc. MAP policy, sanctions will be unilaterally imposed by T.R.U., Inc. The level of sanctions imposed will increase with each violation of the policy. Violations of MAP policy shall be determined by T.R.U., Inc. in its sole discretion. T.R.U., Inc. will not
accept any communication from a reseller who has violated this MAP policy regarding the violation or the willingness of the reseller to bring its prices into compliance with the MAP policy. In addition to the above, failure to adhere to the MAP policy will be a factor taken into consideration in the determination of the acceptance of resellers participation in the T.R.U., Inc. reseller partner program.
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New MAP Violator:
A warning will be issued. Violator will be evaluated in approximately two weeks to determine if they have raised prices to MAP levels.
Repeat MAP Violator:
First repeat infraction – Violators who have been notified that they are below MAP pricing within the last six months will be given a 48 hour warning to raise prices to MAP levels. Violators who have not raised prices to MAP levels after this time period will be placed on the T.R.U., Inc. Do Not Sell List, which asks each distributor to immediately block supply of product, for 30 days.
Second repeat infraction – Violators who have been listed on the T.R.U., Inc. Do Not Sell List within the last six months who knowingly lower their prices below MAP level for a second time will be placed on the T.R.U., Inc. Do Not Sell List, which asks each distributor to immediately block supply of product, for 60 days.
Three or more repeat infractions – Violators who have been listed on the T.R.U., Inc. Do Not Sell List within the last six months who knowingly lower their prices below MAP level for more than two times will be placed on the T.R.U., Inc. Do Not Sell List, which asks each distributor to immediately block supply of product, for the greater of 60 days or until prices have been raised to MAP levels for at least 30 days.
New MAP Violator:
A warning will be issued. Violator will be evaluated in approximately two weeks to determine if they have raised prices to MAP levels.
Repeat MAP Violator:
First repeat infraction – Violators who have been notified that they are below MAP pricing within the last six months will be given a 48 hour warning to raise prices to MAP levels. Violators who have not raised prices to MAP levels after this time period will be placed on the T.R.U., Inc. Do Not Sell List, which asks each distributor to immediately block supply of product, for 30 days.
Second repeat infraction – Violators who have been listed on the T.R.U., Inc. Do Not Sell List within the last six months who knowingly lower their prices below MAP level for a second time will be placed on the T.R.U., Inc. Do Not Sell List, which asks each distributor to immediately block supply of product, for 60 days.
Three or more repeat infractions – Violators who have been listed on the T.R.U., Inc. Do Not Sell List within the last six months who knowingly lower their prices below MAP level for more than two times will be placed on the T.R.U., Inc. Do Not Sell List, which asks each distributor to immediately block supply of product, for the greater of 60 days or until prices have been raised to MAP levels for at least 30 days.
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Distributor Violators:
T.R.U., Inc. will be using contacts from around the United States to purchase products from sources who are known to be violating MAP levels.
First infraction – Distributors who are found to supply a company that is currently on the T.R.U., Inc. Do Not Sell List will be added to the T.R.U., Inc. Do Not Sell List for 30 days.
Second infraction – Distributors who are found to supply a company that is currently on the T.R.U., Inc. Do Not Sell List will be added to the T.R.U., Inc. Do Not Sell List for 60 days.
Third infraction – Distributors who are found to supply a company that is currently on the T.R.U., Inc. Do Not Sell List will be added to the T.R.U., Inc. Do Not Sell List indefinitely.
Distributor Violators:
T.R.U., Inc. will be using contacts from around the United States to purchase products from sources who are known to be violating MAP levels.
First infraction – Distributors who are found to supply a company that is currently on the T.R.U., Inc. Do Not Sell List will be added to the T.R.U., Inc. Do Not Sell List for 30 days.
Second infraction – Distributors who are found to supply a company that is currently on the T.R.U., Inc. Do Not Sell List will be added to the T.R.U., Inc. Do Not Sell List for 60 days.
Third infraction – Distributors who are found to supply a company that is currently on the T.R.U., Inc. Do Not Sell List will be added to the T.R.U., Inc. Do Not Sell List indefinitely.
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Policy Modifications
T.R.U., Inc. reserves the right at any time to modify, suspend, or discontinue the MAP policy in whole or in part or designate promotional periods during which the terms of the policy change or designate periods of time during which the policy is not applicable. Policy modifications shall be made available on the T.R.U., Inc. website at http://www.truball.com/legal.html.
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Unilateral Action
T.R.U., Inc. is not seeking agreement from any reseller to adhere to this MAP policy. It is entirely within the discretion of the reseller whether to comply or not comply.
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Contact Information
T.R.U., INC. PERSONNEL HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY OR HAVE ANY COMMUNICATIONS WITH ANY RESELLER REGARDING VIOLATIONS OF THIS MAP POLICY.
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All questions or comments regarding this MAP policy are to be directed to the policy administrator at truball@truball.com. The 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 communication regarding sanctions imposed under this policy.