Effective: September 2024
Overview
Jasco Products Company LLC (“Jasco”) recognizes that its product resellers invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling vendor presentations. To support its Resellers’ efforts, Jasco wishes to establish policies that allow Resellers to maintain the high level of customer service and consumer experience they have come to expect from Jasco and the premium brands it serves.
In order to successfully compete in the marketplace and to maintain its premium brand image, Jasco has announced this Minimum Advertised Price Policy (“MAP Policy” or “Policy”).
The Policy applies to all advertisements inside the United States between Resellers and End Users of the Jasco products identified on the Unilateral Price Grid (the “Covered Products”). For purposes of this Policy, the terms “advertise” and “advertisement” include all promotional or pricing information displayed via any type of media, including, but not limited to, newspapers, catalogs, magazines, flyers, brochures, television, radio ads, billboards, signage (except signs displayed within a brick-and-mortar selling location), websites, blogs, social media, affiliate marketing networks/comparison shopping engines, Reseller-initiated text messages or emails to customers or prospective customers, mobile/smart phone applications, banner ads, online product ads, paid search ads, pay-per-click ads, display ads, mobile ads, product listing ads, sponsored links, ads in any other media in a digital format that is communicated or conveyed via the Internet, and any other marketing or promotional materials, whether displayed online or through broadcast or other media.
The Unilateral Price Grid (attached) and any modifications to the Unilateral Price Grid shall be made available by Jasco to all Resellers. Jasco reserves the right, in its sole discretion, to alter, modify, suspend, or cancel this MAP Policy, the list of Covered Products, and/or the minimum advertised prices. This Policy does not restrict the Reseller’s right to independently establish the advertised and/or resale prices of Jasco products.
Prohibited Advertising
While Resellers remain free to advertise and sell all Jasco products at any price they deem appropriate, it is a violation of this Policy for a Reseller to advertise a Covered Product using a price lower than the MAP. Promotional activities that may violate this Policy include, but are not limited to, the following:
i. Issuing an advertisement that explicitly lists the advertised price for a Covered Product at an amount that is lower than the MAP.
ii. Issuing an advertisement that offers a percentage discount off a Covered Product when the percentage discount results in an amount that is lower than the MAP.
iii. Unless specifically authorized by Jasco, combining any Covered Product(s) in a bundle and identifying the advertised price of the bundle as a lower than the combined MAP the Covered Products when considered independently.
iv. Issuing non-Jasco announced rebates (in any form) on any Covered Product(s).
Permitted Advertising
Notwithstanding these prohibitions, it is permissible under this Policy for Resellers to engage in the following promotional activities:
i. Offering free shipping or financing on a Covered Product(s).
ii. Offering a gift card redeemable for value on a future purchase with the purchase of any Covered Product(s).
iii. Advertising that consumers may “call for a price” or “email for price” or using phrases of similar import as long as any price listed on an advertisement for Covered Products is not less than the MAP.
iv. Providing promotions or discounts applicable to substantially all products offered by a Reseller in the same product category, so long as no promotional pricing is specifically linked to a Covered Product. To illustrate, it would be permissible for a Reseller to offer 10% off of all timers; it would not be permissible to offer 10% off of a particular Jasco timer.
v. Providing promotions or discounts applicable to all products sold by a Reseller, such as through a storewide sale.
From time to time, Jasco may announce specific promotions and/or bundles of Covered Products. A Reseller’s use of such promotion prices or bundles is not a violation of this Policy so long as such use is in accordance with the terms and timelines Jasco establishes for such events.
Consequences of Violation
Jasco, in its sole discretion, will be responsible for determining whether a Reseller has advertised a Covered Product at a net advertised price less than the minimum advertised price established in this MAP Policy. Upon such determination, Jasco may take the following actions:
i. For a Reseller’s first violation of the Policy, Jasco may notify the Reseller in writing of such failure.
ii. For a Reseller’s second violation of the Policy during a 12-month period following the first violation, Jasco may notify the Reseller in writing of such failure and may immediately revoke the Reseller’s “authorized” status for thirty (30) days with respect to the SKU(s) involved in the violation and, if the Reseller purchases Covered Products directly from Jasco, may place the Reseller’s account on shipping hold for thirty (30) days on those SKUs. Jasco may revoke its acceptance of any pending orders, cancel any pending shipments to the Reseller, and may not accept any new orders of the SKUs involved in the violation from the Reseller during this 30-day period.
iii. For a Reseller’s third violation of the Policy during a 12-month period following the first violation, Jasco may notify the Reseller in writing of such failure and may immediately revoke the Reseller’s “authorized” status for ninety (90) days with respect to the SKU(s) involved in the violation and, if the Reseller purchases Covered Products directly from Jasco, may place the Reseller’s account on shipping hold for ninety (90) days on those SKUs. Jasco may revoke its acceptance of any pending orders, cancel any pending shipments to the Reseller, and may not accept any new orders of the SKUs involved in the violation from the Reseller during this 90-day period.
iv. For a Reseller’s fourth violation of the Policy during a 12-month period following the first violation, Jasco may permanently revoke the Reseller’s “authorized” status and, if the Reseller purchases Covered Products directly from Jasco, may suspend its business relationship with the Reseller. Jasco may revoke its acceptance of any pending orders and cancel any pending shipments to the Reseller. A continuing violation of the Policy will be deemed to constitute a subsequent violation if it continues for more than seven (7) days after the Reseller receives notice of the violation.
This Policy has been unilaterally adopted by Jasco. Jasco neither solicits nor will it accept assurances by a Reseller of acquiescence with this Policy. Nothing in this Policy shall constitute an agreement between Jasco and any Reseller of compliance with this Policy. The Reseller within its own discretion can choose whether to comply with this Policy. Jasco will not discuss conditions of acceptance related to this Policy. This Policy is non-negotiable and will not be altered, modified, or amended for any Reseller.
Jasco’s sales personnel have no authority to modify, interpret, or grant exceptions to this Policy. All questions regarding interpretation of this Policy should be directed to the Jasco Policy Coordinator at: mapadministrator@byjasco.com. The Policy will be enforced by Jasco in its sole discretion and without notice. Resellers have no right to enforce the Policy.
This Policy is effective as of the Effective Date set forth above and supersedes all prior Jasco policies regarding minimum advertised prices or resale prices of Jasco Products.
Click below to download: