FLEXTREAD MINIMUM ADVERTISED PRICE POLICY
Flextread LLC (“Flextread”) designs, manufactures, and markets molded floormats and bootmats that under the brand name Flextread®. Flextread’s products are manufactured entirely in the United States using patented deep tread technology to display scenery on the molded floormats and bootmats in a way that is both fun and functional. The name Flextread®, and Flextread’s other Trademarks, identifies these unique products to End Users as having high quality and durability. Flextread has invested significant resources in developing premium products and in marketing the products to build and maintain a reputation for high quality and excellence.
Flextread has also developed a network of resellers (“Authorized Resellers”) who are authorized to resell Flextread products to either “End Users” (meaning the final purchaser that has acquired a Flextread product from Authorized Reseller for its own internal use and not for resale, remarketing, or distribution) and/or “Sub-Resellers” (meaning a reseller who purchases Flextread products from Authorized Reseller for resale to End Users). Flextread recognizes that many of its Authorized Resellers and Sub-Resellers expend significant resources to market Flextread’s products and to provide a high level of customer service to End Users.
This Minimum Advertised Price Policy (the “Policy”) is therefore intended to maintain consumer awareness of Flextread as a producer of unique, high quality, and reliable products, distinguishing it from other manufacturers of molded floormats and bootmats. This Policy is intended to prevent price-based advertising, which would degrade the reputation of Flextread® products in the marketplace and be detrimental and unfair to the sales and service efforts of the Authorized Resellers and Sub-Resellers.
This Policy is unilateral and nonnegotiable. Flextread, in its sole discretion, reserves the right to discontinue doing business with any Authorized Reseller who violates this Policy or whose Sub-Reseller violates this Policy.
Minimum Advertised Price Guidelines
The term Minimum Advertised Price (“MAP”) means the minimum price that may be advertised for Flextread products, in any and all medium whether electronic or in print, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, public signage, in-store/on-premises signage, internet sites, social media sites, apps, or any other electronic medium.
Any Authorized Reseller or Sub-Reseller advertising Flextread products to potential End Users may not advertise the products for below MAP pricing as set forth on the MAP Price Guide (link below).
This Policy does not establish maximum advertised prices. Resellers may offer Flextread products at any price in excess of MAP.
Authorized Resellers and Sub-Resellers may not “bundle” Flextread products for sale with non-Flextread products for advertising purposes.
Enforcement of Policy
This Policy will be enforced by Flextread in its sole discretion. Resellers, including Authorized Resellers and Sub-Resellers, have no right to enforce this Policy. Any violation of this Policy by a Sub-Reseller will be considered a violation also of the Authorized Reseller that engaged the Sub-Reseller. Any violation at a particular location or website by an Authorized Reseller, or its Sub-Reseller, that operates multiple locations or websites, even if operated by separate legal entities, will be considered a violation of this Policy by Authorized Reseller and/or Sub-Reseller.
Flextread is solely responsible for determining whether a violation of this Policy has occurred and for determining the appropriate sanctions for such a violation. Flextread reserves the right to cancel any pending purchase orders, restrict future purchase orders, or terminate its business relationship with Authorized Reseller if Flextread believes that Authorized Reseller, or its Sub-Reseller, has violated or intends to violate this Policy. Flextread monitors the advertised price of Authorized Resellers and any Sub-Resellers, and all Authorized Resellers and any Sub-Resellers are expected to reasonably cooperate with Flextread in any investigation regarding potential violations of this Policy. Hindering, obstructing, delaying, or otherwise failing to cooperating with an investigation by Flextread or its agent for potential violations of this Policy will be considered a violation of this Policy.
Flextread may grant waivers to this Policy in its sole discretion. Any waiver must be made by Flextread in writing. Deviation from a waiver letter will be considered a violation of this Policy.
Any capitalized terms not otherwise defined in this Policy, have the meanings set forth in the Authorized Reseller Agreement entered into between Flextread and Reseller.
Any questions regarding this Policy should be directed to 833-700-3539.