Minimum Advertised Price Policy (US)
As the first to market and a continued innovator of high performance external GPS receivers for iPad, iPhone, and iPod touch used in aviation, marine, outdoors and GIS/survey, Bad Elf is proud of its role in pioneering the enhancement of those devices for use off the beaten path. Military, commercial, and private pilots, as well as adventure seekers and GIS/Survey professionals use Bad Elf accessories to improve their situational awareness, capture trip logs, and otherwise improve the quality and economy of their adventures.
We recognize that our high-quality dealers invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling vendor presentation. To support our resellers’ efforts, Bad Elf wishes to establish policies that allow resellers to earn the profits necessary to maintain the high level of customer excellence people have come to expect from Bad Elf and Bad Elf's dealers.
To protect the investment of our high-quality dealers and Bad Elf's brand reputation, we have unilaterally adopted a MINIMUM ADVERTISED PRICE POLICY (“MAP Policy”). Bad Elf established this MAP Policy due to the fact that reseller advertising and sales practices that promote Bad Elf products primarily on the basis of price could be detrimental to resellers’ service and support efforts and Bad Elf's competitive position. Such activities can be harmful to Bad Elf's brand, reputation and competitiveness, and allow some resellers to take advantage of the service and support efforts of others. Bad Elf believes that these practices are unfair and thus discourages such efforts.
Bad Elf, in its unilateral discretion, will not do business with any reseller, as to the products covered by this MAP Policy, if that reseller intentionally advertises any MAP Product below its MAP price. Bad Elf is confident that this program will strengthen its competitiveness and benefit all of its resellers.
Official MAP Policies
- Bad Elf reserves the right, in its unilateral discretion, to take other action with respect to any reseller that violates this MAP Policy.
- This MAP Policy will be enforced by Bad Elf in its sole discretion.
- Bad Elf recognizes that any authorized Bad Elf account can make its own decisions to advertise and sell any Bad Elf product at any price it chooses without consulting or advising Bad Elf. Bad Elf similarly has the right to make its own independent decision regarding product allocations and reseller participation as a member of the Bad Elf Authorized Reseller Program – at any time.
- Bad Elf will maintain an updated “MAP Products” list of those products that will fall under this MAP Policy. Bad Elf reserves the right to update or modify this list at any time.
- All Products listed will have a MAP retail price. Listing a price other than the MAP retail price next to the featured MAP Product in any advertising will be viewed as a violation of this MAP Policy. This MAP Policy applies to all advertisement of MAP Products in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazine, catalogs, mail order catalogs, internet or similar electronic media including websites, forums, email newsletters, email solicitations, social media, television, radio, and public signage. Such website features as “Click for price”, automated “bounce – back” pricing e-mails, pre-formatted e-mail responses, forms, automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the reseller (rather than by the customer) and this constitutes “advertising” under this MAP Policy. This MAP Policy also applies to any activity which Bad Elf determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’ and the like.
- From time to time, Bad Elf may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, Bad Elf reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
- From time to time Bad Elf may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer’s rebate, provided that (a) the advertisement include a MAP-compliant price, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style; (b) an asterisk is placed next to the net price after manufacturer’s rebate; and (c) the “*After manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.
- It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.
- Where Bad Elf products are bundled with or sold as part of a package that includes other products, it shall be a violation of this MAP Policy to sell or advertise the bundle (or package) at a price that: (a) has the effect of valuing a bundled (or packaged) Bad Elf accessory covered by the MAP policy at more than 20% discount to the value of the bundled (or packaged) Bad Elf accessory covered by the MAP policy, or (b) violates the letter or spirit of the MAP Policy. It shall be a violation of this MAP Policy if products are bundled with or sold as part of a package that includes products not pre-approved by Bad Elf.
- It shall be a violation of this MAP Policy to include in any advertising for Bad Elf Products any additional discount, coupon, gift card, or incentive (whether in the form of a special event, promotion, term of doing business or otherwise) that translates into an immediate price reduction, where the cumulative effect would be to reduce the advertised price of any MAP Product below MAP. Advertising that includes an additional discount, coupon, gift card, points, or any other incentive for future purchases (regardless of whether the future purchases is of a Bad Elf product) shall be evaluated under the same guidelines as described in Section 9 regarding product bundling. For example, a gift card redeemable on a future purchase would be considered an “other product” under Section 9. This Section 10 shall not apply to any manufacturer’s rebate from Bad Elf on Bad Elf Products or its partners’ products.
- It shall not be a violation of this MAP Policy to advertise that a customer may ”call for price” or “email for price”, or to use similar language, specifically with respect to Bad Elf Products, so long as no price is listed.
- If a reseller with multiple store locations violates this MAP Policy at any particular store location, then Bad Elf will consider this to be a violation by all of the reseller’s locations.
- Although resellers remain free to establish their own resale prices, Bad Elf reserves the right to cancel all orders and indefinitely refuse to accept any new orders from any resellers following Bad Elf's verification that such reseller has advertised any MAP Products at a net retail sales price less that the then-current MAP retail price established by Bad Elf, or if reseller has violated this policy in any other way.
- Bad Elf's sales representatives are NOT permitted to discuss this Policy or make any agreements or assurances with respect to Bad Elf's Policy regarding reseller advertising or pricing. This also includes any consumer program or promotion that affects the below-listed MAP Products.
Failure to comply with all of the terms in Bad Elf’s MAP Policy may result in suspension or termination of your status as a Bad Elf Authorized Reseller or your account with Bad Elf.
Revised April 21, 2017