Luxul 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 Luxul brand as a premium offering; and (3) avoid destructive intra-brand channel conflict.
This policy has been unilaterally adopted by Luxul and will be uniformly enforced.
This MAP policy covers all Luxul resellers worldwide. Although resellers remain free to establish their own resale prices, Luxul will, without assuming any liability, unilaterally impose sanctions as described in this policy against resellers who advertise applicable Luxul products at prices below those specified herein. Luxul 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. Luxul 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 Luxul shall constitute an agreement between Luxul 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 Luxul from time to time.
Minimum Advertised Price
The current product catalogue and listing of products are published on the Luxul website. The MAP price shall not be less than 15% off the MSRP price listed on the published Luxul price list. The price list may be changed from time to time at the sole discretion of Luxul. Luxul 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 Luxul 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.
In the event a reseller chooses not to follow the Luxul MAP policy, sanctions will be unilaterally imposed by Luxul. The level of sanctions imposed will increase with each violation of the policy. On the third violation of the policy, the reseller will no longer be eligible for participation in the Luxul Partner Program. The duration of ineligibility is indefinite.
Violations of MAP policy shall be determined by Luxul in its sole discretion. Luxul 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 reseller’s participation in the Luxul reseller partner program.
Luxul 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 Luxul website at luxul.com/map-policy.
Luxul 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.
LUXUL SALES 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.
All questions or comments regarding this MAP policy are to be directed to the policy administrator
here. 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.