Minimum Advertised Price Policy
Faro Aviation, LLC (“Faro”) may in its sole discretion modify the Minimum Advertised Price Policy (“MAP”) from time to time.
Faro recognizes that dealers are free to make their own decisions to advertise and sell any Faro product at any price they choose, without consulting or advising Faro. Similarly, Faro will exercise its right to make its own decisions regarding the Faro Authorized Reseller Program (“FARP”), supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
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.
Faro believes in maintaining a well regulated and fair marketplace for all its authorized resellers.
Advertising Guidelines
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.
The MAP Policy does not apply to solely on premise or in-store advertising that is not distributed to customers
Website features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail 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 this MAP Policy.
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 Faro Products, so long as no price is listed.
This MAP Policy also applies to any activity which Faro 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, Faro may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, Faro 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 Faro 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:
- The advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style;
- An asterisk is placed next to the net price after manufacturer’s rebate; and
- “*after manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.
If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then Faro will consider this to be a violation by the dealer.
Faro reserves the right to cancel any pending orders, restrict future orders, or suspend dealers’ account if Faro reasonably believes:
- a dealer has violated the provisions of this policy; or
- a dealer intends to violate this policy.
Faro’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy as occurred, as well as determining appropriate sanctions.
Waivers to this MAP Policy may be granted in Faro’s sole discretion by the MAP Policy Administrator in writing. Faro 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.
Faro 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 Faro investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Faro MAP Policy investigation is a violation of this MAP Policy.
The MAP Policy will be enforced by Faro 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: info@faroaviation.com
