Bassani Xhaust MAP Policy

Manufacturer's Advertised Pricing

MINIMUM ADVERTISED PRICING (MAP) POLICY AND DEALERS’ (RESELLERS’) LIMITED LICENSE TO USE TRADEMARKS AND COPYRIGHTED MATERIAL
This Policy is Effective Immediately 4/6/2016
In order to preserve its reputation for providing customers with high value products and strong after-sales support, to further enhance its brand image and its competitiveness in the marketplace, to protects its trademarks and copyrighted material, and to ensure that its dealer-product relationships are consistent and value based, Bassani Xhaust has adopted the following advertising policies for use by its valued authorized distributor and dealer networks.
These policies are (1) Dealers’ Limited License to use Bassani Xhaust Trademarks and Copyrighted Material, and (2) Bassani Xhaust Minimum Advertised Pricing Policy (“MAP Policy”), which establishes restrictions on the pricing of Bassani Products in advertising. All distributors and retailers, including Internet retailers, of Bassani Products (“Resellers”) must fully and consistently comply with these policies.

DEALERS’ USE OF BASSANI XHAUST TRADEMARKS/COPYRIGHTED MATERIAL
BASSANI offers numerous products bearing brand names that it manufactures and distributes under its own trade names, part numbers, descriptions, and trademarks.
BASSANI grants each Dealer a limited, revocable, non-exclusive and non-transferable license to use, reproduce and display Bassani’s Trademarks and Copyrighted Material in connection with any advertising of Bassani Product or inclusion of Bassani Product in any publication, catalog, web page, or other printed, audio, video, or electronic material (“Limited License”) provided that the Dealer complies with all Bassani policies, including and especially BASSANI’s MAP Policy.
A Dealer may use this Limited License to promote the sale of Bassani Products. This Limited License does not permit the Dealer to distribute Bassani’s Trademarks or Copyrighted Material to any third party for any purpose other than developing advertisements for the Dealer. Any advertising that includes Bassani Trademarks or Copyrighted Material shall be accompanied by an appropriate attribution identifying BASSANI as the owner of the Trademark and/or Copyrighted Material, and the Dealer must be clearly identified in the advertisement by providing, at a minimum, its business name, address and telephone number.
This Limited License does not give Dealers the right to register Bassani Trademarks as (or within) domain names or to use Bassani Trademarks in their own trade names. Dealers recognize that Bassani has the exclusive right to all Bassani Trademarks, and agree that they will not claim any right, title or interest therein. Nothing herein shall be construed to give Dealers any right, title or interest in Bassani’s Trademarks and/or Copyrighted Material.
BASSANI XHAUST MAP POLICY   
BASSANI XHAUST believes that marketing products bearing Bassani Trademarks at prices below the MSRP stated in its Price List undermines the industry reputation and market value of its Products. Consequently, BASSANI has instituted the following Minimum Advertised Pricing Policy (“MAP Policy”), which is intended to preserve the goodwill, market value, reputation, and image of BASSANI and its Trademarks and Products. The following MAP Policy shall be strictly enforced:
The minimum advertised price for any Bassani Product shall be  MSRP as stated in Bassani’s most recently published Price List unless otherwise stated on the Price List. No Bassani Product shall be advertised below MAP. No Bassani Trademark or Copyrighted Material may be displayed in advertisements which do not comply with the MAP Policy.

Guidelines for the Application/Operation of BASSANI’s MAP Policy:
1. The MAP Policy applies only to advertised prices and not to prices that Bassani Products are actually sold in a retail location, over the telephone, or in response to a consumer inquiry. Dealers may sell Bassani Products at any price in their sole discretion. That being said, Bassani wants its resellers to make a decent profit selling their products. Distressed pricing doesn’t help in that regard. Don’t make price the only reason  someone buys from you.
2. BASSANI establishes a Manufacturers Suggested Retail Price (“MSRP”) for each of its Products, identified by part number, which are published in pricing data notifications made available to all of its  customers (“Price Lists”). Unless otherwise indicated on the Price List, the MAP is MSRP. BASSANI may in its discretion determine that certain close-out or discontinued Products are no longer subject to the MAP Policy. Any questions regarding Product pricing should be submitted to map@bassani.com.
3. For purposes herein, “advertisement” is defined as broadly as possible and includes any advisement, announcement, information, publication or notice given or made by or on behalf of a Dealer in connection with the solicitation of business or sale of any Bassani Product(s) in whatever medium is now known or hereafter developed, including print, radio, television, signage (except signs inside the Dealer’s retail store directed to consumers inside the store), catalogs, newsletter, coupons, mailers, inserts, any electronic media (including, but not limited to, e-mails, text messages, Twitter, Facebook, blogs, forums and other forms of social media) which includes a Bassani Trademark, Bassani Copyrighted Material, or a reference to the Dealer’s website where Bassani Products are advertised for sale, the Internet, online auctions and online sales.
4. With respect to Internet sales, a Dealer’s entire web site, including, but not limited to, the “shopping cart” or similar web site location, will be considered part of the “advertisement” if it can be accessed by links contained on or within the website. Internet advertisements or auctions that do not show an actual un-obliterated price must not allow the consumer to click to see the price unless the price shown is at or above MAP. If the consumer must add the item to a shopping cart to see the advertised price, then the price shown must be at or above MAP.
5. This MAP Policy is not applicable to any in store advertising such as in-store displays or signs. Free Shipping may be included at MAP Policy price.
6. The following advertising practices are prohibited as being in violation of BASSANI’s MAP Policy: -
Any advertisement that has the effect of reducing the advertised price below MAP, including combining a Bassani Product with a “free” product, or in a “package” with other products. –
Any advertisement offering a discount or rebate, the result of which is that the “net price” is below MAP. “Net price” is defined as the price less the value of any advertised discounts or rebates. –
Any advertisement indicating or implying that a price below MAP is available. Examples of this include advertisements displaying a price with a strike through, obliteration, or with text indicating that a lower price is available, or advertisements containing phrases such as “click for price,” “email for price,” “email for best offer,” “call for price,” or other similar phrases that imply that the price will be less than the MAP.
7. It is a violation of this MAP Policy for any Dealer to support, supply or in any way facilitate other resellers who advertise Bassani Products in violation of this MAP Policy.
8. Any Dealers providing Bassani Products to Dealers on Bassani’s Do Not Sell List (see below) will be in violation of Bassani’s MAP Policy.
9. To confirm whether or not an advertisement complies with BASSANI’s MAP Policy, a Dealer may request approval from BASSANI prior to publication by submitting the advertisement directly to Bassani at admin@bassani.com.

PENALTIES FOR VIOLATING BASSANI’S MAP POLICY
Failure to abide by this MAP Policy will result in sanctions to the Dealer. The level of sanctions will be determined by BASSANI in its sole discretion. BASSANI intends to enforce the MAP Policy in the following manner:
First Offense: Dealer will receive a documented notice of violation (“Notice”) and be given thirty (30) calendar days to remove the offending print advertisements from publication and distribution and/or two (2) business days to remove any offending electronic advertisements from web pages, Internet sales sites or other electronic media. Failure to comply with MAP violation within the time period(s) will be viewed as a second offense.
Second Offense: Dealer will receive a Notice and may at BASSANI’s sole discretion be placed on a  DO NOT SELL List for a period of thirty (30) days from the date of the Notice with regard to all BASSANI Products and denied access to and use of BASSANI’s Trademarks and Copyrighted Material.  Failure to comply with MAP violation within the 30-day period will be viewed as a third offense. Any Dealers providing BASSANI Products to Dealers on BASSANI’s DO NOT SELL List will be in violation of BASSANI’s MAP Policy.
Third Offense: Dealer will receive a Notice and be placed on BASSANI’s DO NOT SELL List for a period of not less than ninety (90) days from the date of the Notice with regard to all Products relating to the BASSANI Trademark involved in the violation and will be denied access to and use of all BASSANI Trademarks and Copyrighted Material.
Fourth Offense: Dealer will receive a Notice and will be placed on BASSANI’s DO NOT SELL List indefinitely with regard to all Products relating to the Trademark involved in the violation and will be denied access to and use of all BASSANI Trademarks and Copyrighted Material. BASSANI will require Dealer to submit a completed and approved e-Commerce Application before re-instatement will be considered.   
Any Dealer violations of either the Dealer’s Limited License to use BASSANI’s Trademarks and Copyrighted Material or BASSANI’s MAP Policy and/or any apparent unauthorized use by anyone of BASSANI’s Trademarks and/or Copyrighted Material should be reported immediately to BASSANI. These policies are subject to change at BASSANI’s sole discretion.
ACKNOWLEDGMENT: I have received a copy of the BASSANI’s General Terms and Conditions and MAP Policies and I have read and understand the General Terms and Conditions and MAP Policy’s requirements.
For further information your point of contact is Darryl Bassani dcb@bassani.com Tel 714-631-01821