Minimum Advertised Price (MAP) Policy
MAP Restricted Products are those products offered for sale by General Magic from time to time through any means or channel of distribution or commerce and for which General Magic has adopted and published a minimum advertised price. A complete list of MAP Restricted Products and the applicable minimum advertised price can be found in Table 1 below. General Magic may at any time in its sole discretion revise any minimum advertised price or add any additional product to the list.
This MAP Policy will apply to all “Advertisements” of MAP Restricted Products by Reseller. Advertisements is defined as any and all advertisements in all media including, but not limited to, inserts, newspapers, magazines, catalogs, public signage, billboards, any other print media, television, radio, e-mail, internet websites or other ecommerce, flyers, posters, coupons, brochures, any use of hypertext transfer protocol or internal links to a web based shopping cart and any other electronic media. All advertisements of MAP Restricted Products must include the General Magic model name and a price at or above the MAP.
At no time may the Reseller make any statements or other indications on its website in connection with any MAP Restricted Products that indicate or imply that a lower price may be found at the online checkout stage, including, but not limited to, the following:
* “Click here for lower price”
* “See Price In Cart”
* “Log-in for price”
* “Add to Cart for Lower Price”
* “Check Cart for Lower Price”
* “Mouse over for Price”
* “Email for a better Price”
* “Call for Lower Price” or “Call for Price”
This MAP Policy does not apply to any reduced price that a Reseller wishes to place within a purchaser’s online shopping cart as a final stage of an online purchase, so long as the end user enters the final stage on his/her own without any reference on the website that a lower price will be found at the final purchasing stage.
MAP Violation Penalties:
Any Advertisement that does not comply with this MAP Policy may be deemed a violation by General Magic and General Magic will promptly communicate the MAP violation to Resellers.
General Magic will issue a warning letter for any breach that has occurred. The Reseller will have 24 hours to correct the breach or the breach will be deemed a violation. If the breach is not corrected, General Magic may, at its sole discretion, withhold further shipment of the MAP Restricted Product(s) to the Reseller for a period of 30 days. General Magic will also withhold all sell through credits and funding associated with any MAP Restricted Product(s).
General Magic will issue a warning letter for any breach that has occurred. The Reseller will have 24 hours to correct the breach or the breach will be deemed a violation. If the breach is not corrected, General Magic may, at its sole discretion, withhold further shipment of the MAP Restricted Product(s) to the Reseller for a period of 90 days. General Magic will also withhold all sell through credits and funding associated with the Advertisement.
The Reseller will be placed on General Magic’s Prohibited Accounts List. General Magic distributors are not permitted to sell MAP Restricted Products to any company or individual on the Prohibited Accounts List. Resellers that commit 3 violations will be removed from General Magic’s Reseller program, but may be eligible for program reinstatement and removal from the Prohibited Accounts List at General Magic’s sole discretion.
Monitoring and Reporting:
General Magic will monitor advertised prices of MAP Restricted Product(s), either directly or via the use of third parties. Third parties retained by General Magic may monitor a Reseller’s advertisements and website advertising including, but not limited to, review of advertised prices.
Changes to Policy:
General Magic may change or cancel this MAP Policy at any time.
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