Brock’s Performance MAP (Minimum Advertised Pricing) Policy
Brock’s Performance would like to thank you for your support in offering our “brand”. To protect your business, and ours, we have established price levels that are very competitive and fair, given the quality of our components and exceptional customer service that we provide, as well as a sales and advertising policy. This policy applies to not only our “brand”, but also BST Carbon Fiber Wheels which we distribute. All public price advertising must be at or above MSRP price levels per the conditions in the following MAP policy. Brock’s Performance believes that this policy will benefit our resellers by protecting against price discounting.
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- Brock’s Performance will provide printed and online price lists indicating Manufacturer’s Suggested Retail Pricing (MSRP) and will update MSRP listing on its internet website quarterly. This list can be changed at any time by Brock’s Performance at its sole discretion. Resellers will be limited as to their advertising price to avoid a lesser competitor from interfering with your business. Our customers will not be allowed to advertise in ANY form of media below a certain minimum advertised price as defined in the minimum advertised price sheet. This does not affect or limit you as to what you actually sell the product for, only at what the advertised price should be. Our components are made available to you for sale as finished goods and may only be sold otherwise by our express written permission. Any advertised price in any media including, but not limited to, internet or similar electronic media, radio, television, flyers, posters, catalogs, mail order catalogs, magazines, e-mail newsletters, e-mail solicitations, coupons, mailers, inserts, newspapers, and public signage must be not less than the current MSRP as indicated on the printed price list or the Brock’s Performance internet website. Any pricing advertised that does not match or exceed that shown on the current printed price list or MSRP list on the Brock’s Performance website will be a violation of this MAP policy and subject to enforcement procedures as outlined below in the ‘Enforcement Procedures’ section of this policy.
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- This MAP Policy applies only to advertised prices and does not apply to the actual price that Brock’s Performance products are sold or offered for sale to an individual consumer within reseller’s location or over the telephone. Resellers are free to sell Brock’s Performance products at any price they choose under these circumstances.
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- Internet auctions may not display or have reserved bid, ‘buy it now’, ‘make an offer’, ‘or best offer’ or other acceptable prices below the current MSRP. ‘Add to Cart’ pricing is a reflection of advertised prices, and cart items cannot display pricing below current MSRP.
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- Pricing listed on an internet site is considered an “advertised price” and must adhere to this MAP Policy.
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- This MAP Policy does not establish maximum advertised prices. Resellers may offer Brock’s Performance products at any price in excess of current MSRP.
- Brock’s Performance reserves the right to offer 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 nature and duration of the change. Brock’s Performance 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.
Enforcement Procedures
Brock’s Performance has included its MAP Policy Enforcement Procedures in the dealer application process to ensure all dealers signing the “acknowledgement” page are aware of the severity in which Brock’s Performance will deal with violators of this policy. Any determinations by Brock’s Performance under these enforcement procedures shall be binding upon the violator.
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- First Offense
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- A member of the Brock’s Performance Customer Support Team will contact the violator via e-mail, telephone or letter and remind them of the MAP Policy and identify the nature of the violation.
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- A copy of the MAP Policy will be sent to the violator and they will be required to sign and return the signature page acknowledging the violation and their willingness to conform. The signed copy must be received by Brock’s Performance within 10 business days or the violator’s account will be suspended until said documents are received by Brock’s Performance.
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- The violator will be given 10 business days to conform to the MAP Policy and cure the violation.
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- A permanent record of this process will be documented in a Brock’s Performance internal file for future reference. Non compliance within the 10 business day cure period will result in 6-month suspension period with Brock’s Performance and its Distributors in which no Brock’s Performance product may be sold to the violator by Brock’s Performance or its Distributors. (Distributors are required to follow the enforcement procedure of this Policy.) Anyone found to be supplying a violator during their probationary period will be subject to the same suspension as the original offender.
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- First Offense
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- Second Offense
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- A member of the Brock’s Performance Customer Support Team will contact the violator via e-mail, telephone or letter and again remind them of the MAP Policy and identify the nature of the violation.
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- The violator will be reminded of their previous offense and a copy of the signed conformance page will be forwarded to them.
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- The violator will then be placed on a 6-month suspension period in which they will be unable to obtain Brock’s Performance product from Brock’s or its Distributors under the same terms stated above in Section A.
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- At the end of the 6-month suspension period, Brock’s Performance will make a determination as to whether the suspension will be continued for another 6 months. If the suspension is continued, it will be reviewed by Brock’s Performance at the end of each 6 month period and either continued or terminated.
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- Second Offense
- Third Offense
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- Anyone found to be violating the MAP Policy a third time will be permanently banned from purchasing Brock’s Performance products from Brock’s and its Distributor network.
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- This permanent suspension will apply to the entity violating the MAP Policy as well as to the owners and /or operators of the violator, and to any organization owned by the owners and/or operators of the violator. (For example, closing and reopening the operation under a new name would not lift the ban.)
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- Anyone found to be supplying a violator after a permanent ban is in place under these Enforcement Procedures will be subject to a permanent ban.
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The administration of this MAP Policy and any determinations made under it are solely within Brock’s Performance’s discretion and authority. All questions about this MAP Policy should be in writing and directed via U.S. Mail to the Brock’s Performance, 4064 East Patterson Road, Beavercreek, OH 45430. The VP of Operations and the members of the Brock’s Performance Customer Support Team have the sole authority to discuss, make determinations under, and undertake enforcement of this MAP Policy. No modifications to or exceptions from this MAP Policy shall be valid unless made in writing and authorized by the VP of Operations or by the Brock’s Performance President.