Reseller MAP Policy
 

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ITI Web Stores Minimum Advertised Price (MAP) Policy


Current Revision Date: April 15, 2010
PRODUCTS Currently Off MAP: NONE

To insure that our product image and quality is maintained, Intelligent Technologies, Inc. ("ITI") has unilaterally adopted this Minimum Advertised Price ("MAP") Policy for all products (collectively "PRODUCTS") which ITI manufactures or distributes for sale to resellers and it shall apply to retailers, including catalogs and internet retailers (collectively, “RESELLERS”) who sell ITI Products to end users located in the U.S. and Canada - void where prohibited by law.

The MAP Policy shall work under the following guidelines:

1. LIST PRICING - The MAP Policy shall apply to our single piece LIST PRICE as maintained on one of our currently published reseller price lists, copies of which can be obtained by calling (360) 254-4211. Prices are listed in United States Dollars (USD) and must be recalculated to equivalent Canadian Dollars (CAD) for Canada Resellers. A discrepancy of -2% is allowed for RESELLER's pricing standards and/or currency conversion. MAP pricing is established by Intelligent Technologies for selected products and may be adjusted by Intelligent Technologies at its sole discretion.

2. ADVERTISED PRICING - This MAP Policy applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the RESELLER's retail location or over the telephone. RESELLERS remain free to sell the selected MAP products at any prices they elect.

3. ADVERTISING MEDIA - The MAP Policy applies to all advertisements of the PRODUCTS in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, internet or similar electronic media including websites, email newsletters, email solicitations, television, radio and public signage. The MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer. In-store displays, point-of-sale signs, hangtags or bar codes, or similar marks on products or product packaging which merely state the price are not considered “advertising” for purposes of this MAP Policy. In that regard, this MAP Policy does not apply to the actual sales price on any “check-out page” of any RESELLER’s website or related internet site (typically the page at which the end user finally purchases the product). This MAP Policy does apply to all other page(s) on the RESELLER’s website.

4. PRICING DISPLAY - If pricing is displayed in advertising media, any strike-through or other alteration of the Minimum Advertised Price is prohibited. The MAP Policy does not in any way limit the ability of any dealer to advertise that “they have the lowest prices” or, they “will meet or beat any competitor’s price,” that consumers should “call for a price” or phrases of similar import as long as the price advertised or listed for the products is not less than MAP.

5. ONLINE AUCTIONS -  Internet auctions where new units of the PRODUCTS are sold may not display or have reserved bid or other acceptable prices below the MAP price. This provision shall not apply to used, returned or demonstration units of the PRODUCTS which cannot be legally sold as new under applicable UCC rules.

6. MAXIMUM PRICING - The MAP Policy does not establish maximum advertised prices. All RESELLERS may offer the PRODUCTS at any price in excess of the MAP established for such products.

7. PRODUCT PROMOTIONS - From time to time, Intelligent Technologies may instigate promotions for one or more of the PRODUCTS for all RESELLERS covered by the MAP Policy. In such events, Intelligent Technologies reserves the right to modify or suspend the MAP with respect to the affected  PRODUCTS and further reserves the right to adjust the MAP with respect to all or certain PRODUCTS at its sole discretion upon 30 days advance notice posted as "Off MAP" on our MAP Policy web page; http://www.itiwebstores.com/map-policy.htm

8. VIOLATIONS - ITI will periodically monitor RESELLERS for compliance with this policy. In cases of violation of the MAP Policy, RESELLERS will be notified by telephone or email to the contact address supplied in their ITI reseller application and allowed forty-eight (48) hours to bring advertising into compliance or ITI may suspend supplying PRODUCTS to the RESELLER for a minimum of 10 days. In cases of intentional and/or repeated failure to abide by this policy, ITI may suspend supplying PRODUCTS for longer periods or terminate accepting all orders from the RESELLER indefinitely. ITI may not provide prior notice or issue warning before taking action under this policy.

9. CHANGES TO POLICY - No oral communications about this policy are authorized. The foregoing MAP Policy and any MAP PRODUCT Listing is subject to modification or discontinuance by ITI, in its sole and absolute discretion, at any time. Any action taken by ITI under this policy shall be without liability to ITI. This MAP Policy is solely ITI’s decision and responsibility. No sales representative of ITI has any authority to modify this policy and any action of any person, which claims to modify this policy or to solicit or obtain the agreement of any person to the policy, is unauthorized and invalid.

Any questions about this policy should be in email or writing and directed to:

legal@intelligent-tech.com

or mailed to:

Intelligent Technologies, Inc.
10906 N.E. 39th Street, Suite A-4
Vancouver, WA 98682-6797
ATTN: MAP Policy Compliance