Subwing dealers and their employees represent the SUBWING® brand and Subwing AS company. They embody our vision of the watersport, our values and our philosophy in dealing directly with our customers. Subwing team dedicates its work to bring fun and unforgettable experience to Subwing customers. We recognize that our success is tied to the success of our network of select authorized dealers. We also know that many of our dealers invest significant time and resources to deliver an extraordinary customer experience. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our dealers’ service and support efforts. As a result, SUBWING has unilaterally established this Minimum Advertised Price (“MAP”) Policy.
SUBWING, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower than the MAP.
a. The products covered by this policy are listed on www.subwing.com. SUBWING may in its sole discretion modify product listing.
b. SUBWING recognizes that dealers are free to make their own decisions to advertise and sell any SUBWING product at a minimum advertised price (“MAP”) of no more than ten percent (10%) under the retail price posted on www.subwing.com, without consulting or advising SUBWING. Similarly, SUBWING will exercise its right to make its own decisions regarding the SUBWING Authorized Reseller Program (“SARP”), supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
c. The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or over the telephone.
a. The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, apps, or any other electronic media.
b. The MAP Policy does not apply to solely on premise or in-store advertising that is not distributed to customers.
c. Website features such as “click for price,” automated “bounce-back” pricing emails, preformatted email responses, forms, and 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 dealer (rather than by the customer) and thereby constitute “advertising” under MAP Policy.
d. 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 SUBWING Products, so long as no price is listed.
e. This MAP Policy also applies to any activity which SUBWING 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.
f. 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.
g. From time to time, SUBWING may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, SUBWING 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.
h. From time to time SUBWING 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. “Bundling” or advertising SUBWING products for sale together with other products will violate this MAP Policy when:
b. Product(s) bundled with the MAP Products must not, without conspicuous warning, be:
c. Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy when:
c. Rebate programs from SUBWING, whether on MAP Products or SUBWING’s partners’ products are exempt from this policy.
a. If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then SUBWING will consider this to be a violation by the dealer.
b. SUBWING reserves the right to cancel any pending orders, restrict future orders, or suspend dealers’ account if SUBWING reasonably believes:
c. SUBWING’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy as occurred, as well as determining appropriate sanctions.
d. Waivers to this MAP Policy may be granted in SUBWING’s sole discretion by the MAP Policy Administrator in writing. SUBWING Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.
e. SUBWING monitors the advertised prices of dealers, either directly or via the use of 3rd party agencies or tools. Dealers are expected to provide reasonable cooperation in any SUBWING investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a SUBWING MAP Policy investigation is a violation of this MAP Policy.
f. The MAP Policy will be enforced by SUBWING in its sole discretion and without notice. Dealers, distributors, resellers, have no right to enforce the MAP Policy. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. All questions related to this MAP Policy should be directed to: MAP@SUBWING.com.
7. Products Please See www.subwing.com for Pricing and Product Listing.