MAP Policy
In order to preserve its reputation for providing customers with high value products and strong after-sales support, and to enhance the BOLA brand image and its competitiveness in the marketplace, BOLA is unilaterally instituting a policy of minimum advertised price standards for BOLA products. This Minimum Advertised Pricing Policy (MAP Policy) is in effect for Ambassadors and Resellers who resell BOLA products to end users, including but not limited to those resellers via any website where the BOLA brand is offered for sale at an advertised price.
BOLA greatly values the efforts of all Ambassadors and Resellers to distribute BOLA products and support our customers. This MAP Policy is adopted for the benefit of all Resellers and BOLA will uniformly enforce this MAP Policy. This MAP Policy will help ensure the legacy of BOLA as a top producer of high quality products and will help to protect the reputation of the BOLA name, trademarks and products by incentivizing dealers and distributors to invest resources into satisfying BOLA’s customers.
MAP Policy Guidelines
- BOLA will, from time to time, publish a Schedule of Manufacturer’s Suggested Retail Prices (MSRP Schedule) which may be amended or adjusted by BOLA at any time in its sole discretion.
- The MSRP Schedule will identify the effective date, the products and the manufacturer suggested retail price (MSRP) for those products.
- This MAP Policy applies to all advertisements of BOLA products listed on the MSRP Schedule in any and all forms and media, including, but not limited to, websites and banner advertisements on the internet. This MAP Policy is not applicable to any in-store advertising that is displayed only in the physical retail store.
- For BOLA products listed in foreign countries using a currency other than the USD, the MAP shall be the USD MAP converted to the appropriate foreign currency at a time reasonably contemporaneous with the time of advertisement. Resellers must update the foreign currency used to convert the USD MAP at least monthly.
- The inclusion in advertising of free or discounted products (whether made by BOLA or another manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy and therefore prohibited.
- This MAP Policy applies only to advertised prices and does not apply to the price at which BOLA products are actually sold or offered for sale to an individual consumer within Resellers’ retail location or over the telephone. BOLA recognizes that Resellers remain free to sell these products at any prices they choose under these circumstances. It is not a violation of this MAP Policy to advertise in general that the Reseller has the lowest price or that the Reseller will match or beat competitor pricing, or phrases of similar import, so long as the Reseller does not include any advertised price below the MAP.
- Internet auctions may not display or have reserved bid or other acceptable prices below the MSRP.
- Pricing listed on an internet site is considered an advertised price and must adhere to this MAP Policy. Once the pricing is associated with an intent to purchase (added to shopping cart or order), the price becomes the selling price and is not bound by this MAP Policy. Statements such as add to basket to see price, we will match any price, email for price, call for price, or phrases of similar import are acceptable as long as the price advertised or listed for the products is not below the MSRP. In addition, discounts applied at checkout to the entire order based on a customer’s purchasing history with the Reseller, such as discounts for frequent shoppers, do not violate this MAP Policy.
- Advertised Price shall mean the price at which the product itself is advertised, without including shipping costs. For example, a $6 advertised price plus $3.99 shipping is a $6 advertised price for purposes of this MAP Policy.
- Discount on Recurring Shipments – Advertising any product below MAP subject to recurring purchases, commonly known as Autoship, Subscribe and Save, etc. are in violation of this policy if the discount is shown with or near any BOLA branded product. Recurring shipment discounts are not in violation of this policy if they are advertised on a broad set of products, such as all brands in a given category, or all products on a website.
- This MAP Policy is solely within BOLA’s discretion and authority acting through the duly authorized managers of BOLA. No employee or sales representative of BOLA has any authority to discuss, modify or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized by BOLA’s MAP Policy administrator to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid. Any waiver of the MAP Policy by the MAP Policy administrator must be in writing and any written waiver terms must be strictly adhered to. Any non-adherence to waiver terms is a violation of the MAP Policy.
- All questions about this MAP Policy should be in writing via e-mail to BOLA’s website contact form. No oral communications about this MAP Policy are authorized. The MAP 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 communications regarding sanctions imposed under this MAP Policy. Any action taken by BOLA under this MAP Policy shall be without liability to BOLA.
- From time to time, BOLA may choose to offer special 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 duration and nature of the change. BOLA 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.
- Intentional failure to abide by this MAP Policy will result in sanctions unilaterally imposed by BOLA. The level of sanctions will be determined by BOLA in its sole discretion. BOLA does not intend to do business with Resellers who degrade the image of BOLA and its products via a low-price online strategy. BOLA may choose to, but need not provide prior notice or issue warnings before taking any action under this MAP Policy.
- Violation of this MAP Policy will not be permitted, even if the violator can point to other MAP Policy violators in the market. Hindering or otherwise failing to cooperate with a BOLA MAP Policy violation investigation is a violation of this MAP Policy.
- Distributors of BOLA products will supply a copy of this MAP Policy to any new or existing Reseller via the BOLAPickleball.com website or by paper copy.