John Boos & Co. has established a Minimum Advertised Price (MAP) Policy that applies to all authorized Resellers selling John Boos & Co. products in or into the United States. The purpose of the policy is to assure that end user purchasers have continuing access through our authorized Resellers to accurate and expert information, specifications, and support needed to identify, evaluate and purchase the products which are optimum for their requirements. The MAP Policy applies to prices that may be advertised by resellers and does not restrict the sales price of products. The MAP Policy includes specific guidelines for administration of the program and penalties for violations.>
PURPOSE OF MAP POLICY
The John Boos & Co. MAP Policy provides an enhanced equipment purchasing experience by supporting Resellers who invest in their knowledge of our products and their functional performance capabilities, customer service and supports, and cooperates with John Boos & Co. in maintaining the premium brand image and long-term competitiveness of the John Boos & Co. brand. Due to the nature and uses of our products, it is necessary for authorized Resellers and their sales associates to commit significant time and resources to learning, supporting, specifying, and selling our products. In addition, we recognize there are significant investments required in properly supporting, marketing and advertising our products, and educating the equipment purchaser about each product’s unique application, benefits and value proposition. Therefore, it is the purpose of this MAP Policy to support our mutually beneficial cost/price structure for all authorized resellers.>
MAP DEFINITION AND APPLICATION
This Policy applies to select brands and products within the John Boos & Co. assortment. John Boos & Co. publishes and maintains for its Reseller partners a comprehensive list of the products and MAP for each. The current list of covered products and MAP for each is available at: https://www.johnboos.com/map-policy- product-list/. Resellers may advertise prices equal to or greater than the MAP for covered products sold as “new.” John Boos & Co. defines “new” products as, 1) those sold by John Boos & Co. or one of its authorized Resellers without prior in-service use by any end user purchaser, or 2) any product sold by a Reseller when covered by the manufacturer’s original warranty.
The MAP Policy does not apply to specific pieces of equipment when all the following conditions are met:
- The advertisement uses one of the following terms to clearly indicate the condition of the unit: “used”, “damaged” or “floor model”.
- The Reseller has previously notified John Boos & Co. that the factory warranty should be removed from this (This can be done with an email to the MAP Administrator for John Boos & Co.)
This MAP Policy indicates the lowest price that an authorized Reseller may advertise in any form of advertising, which includes all promotional or pricing information of covered products displayed in any type of media, including, but not limited to newspapers, catalogs, magazines, flyers, brochures, television, radio ads, billboards, outdoor signage, websites, blogs, social media, affiliate marketing networks/comparison shopping engines, seller-initiated text messages or emails to customers or prospective customers, mobile/smart phone applications, banner ads, online product ads, paid search ads, pay-per-click ads, display ads, mobile ads, product listing ads, sponsored links, ads in any other media in a digital format that is conveyed via the Internet, and any other marketing or promotional materials, whether displayed online, through broadcast, or other media. John Boos & Co. defines advertising as promotion of a product and pricing information outside the Reseller’s physical business location and intended for more than a single individual. Pricing information displayed at the Final Online Checkout Stage (which is when the covered product is put into a shopping cart that contains the customer’s name, shipping address, email address, and payment information of a transaction). Please note that pricing information in the Final Online Checkout Stage must be obscured technically so that it is not retrievable by shopping and pricing engines and not displayed on search page results within the Seller’s own website.
Any direct request for pricing made by an individual prospective purchaser to a Reseller in person or through other deliberate action is considered by John Boos & Co. to be a request for a price quotation from the prospective purchaser to the Reseller, thus MAP does not apply.
By definition, resellers may not make any statements, displays or communications that indicate, state, imply, or suggest that a lower price may be found at the online check out, including but not limited to: “click here for lower price,” “see lower price in cart,” “add to cart for lower price,” “check cart for lower price,” “mouse over for price,” “log-in for price,” “e-mail for a better price,” “call for lower price,” or similar language. Such website features as automated “bounce-back” pricing emails, pre-formatted e-mail responses, forms, automatic price display, and other similar features are considered communications initiated by the Reseller (instead of the customer) and constitute “advertising” under this MAP Policy. A prospective purchaser may “call for price,” “text for price,” or “email for price,” as long as no price is listed and no automated call, text message, or “bounce- back” email is used in response. This MAP Policy also applies to any activity which John Boos & Co. determines is designed or intended to circumvent the intent of this MAP Policy.
The advertising or offer of new John Boos & Co. products in any auction is prohibited and is a violation of our MAP Policy, except for auctions which include a published minimum purchase price or “reserve price” which complies with the John Boos & Co. MAP Policy.
If one or more products from John Boos & Co. are “bundled” or combined in an advertisement, the aggregate price for all John Boos & Co. products advertised in the bundle may not be lower than the cumulative MAP for each of the products when sold separately.
Under the MAP Policy, John Boos & Co. prohibits the use of split-screen, side-by-side advertising, or pop- ups to advertise a similar product of any other brand. John Boos & Co. prohibits any Reseller from directing (automatically, inadvertently or otherwise) a John Boos & Co. customer who is in search of a John Boos & Co. product or item to any other brand.
The MAP Policy is not applicable to in-store advertising that is displayed only in a physical store location. In-store displays, point-of-sale signs, hangtags, barcodes, QR codes or similar marks on products or product packaging which present the price are not considered “advertising” for purposes of this MAP Policy.>
MAP DISCLOSURE OR UNDERCUTTING PROHIBITED
The working “minimum advertised price,” “MAP Price,” and/or “MAP” or similar references to the MAP Policy shall not appear in any advertisement, quotation, or communication which includes John Boos & Co. products. Such reference is a violation of the John Boos & Co. MAP Policy. Advertising that indicates that the MAP Price is not the applicable price for the product or that a lower price is available are also violations of the MAP Policy. Therefore, advertisements shall not display any prices that have a strike through or refer to the MAP price as “list price,” “factory price,” “manufacture’s price” or similar statements.
Advertisers shall not use “cookies” or other means to recognize a repeat visitor which trigger display of prices that are lower than MAP without a full log in process where an active session was discontinued.>
PROMOTIONAL PRICING AND DISCONTINUED PRODUCTS
From time to time, John Boos & Co. may conduct promotions for products covered by the MAP Policy. In such events, John Boos & Co. reserves the right to modify or suspend the MAP with respect to the promotional products by notifying authorized Resellers of such promotions.>
John Boos & Co. will monitor compliance with this Policy. The enforcement process is based on violations across all John Boos & Co. brands and products covered by this MAP Policy. Our enforcement process allows immediate correction of errors, with subsequent penalties for delays or repeated violations within 60 days of such violation. In the event a violation is determined, the following actions may be taken:
- First Violation: The Reseller will be contacted in writing and will be issued a written
- Second Violation: The Reseller will be contacted in writing and John Boos & will institute a 30-day shipping hold. John Boos & Co. will revoke its acceptance of any pending orders, cancel any pending shipments to Reseller, and not accept any new orders from Reseller during this 30- day period.
- Third Violation: The Reseller will be contacted in writing and John Boos & will terminate the business relationship and revoke Reseller’s “authorized” status. John Boos & Co. will revoke its acceptance of any pending orders and cancel any pending shipments to Reseller. Reseller will no longer be an “authorized” Seller of John Boos & Co. products.
In the case of a MAP violation by a Reseller who does not have an authorized relationship with John Boos & Co. and instead purchases John Boos & Co. products from an authorized distributor or any other Reseller (i.e., dealer-to-dealer sale), John Boos & Co. will pursue enforcement actions against the Reseller as provided above in this Policy. Please understand we must hold our Resellers accountable for helping maintain the reputability of our brand.>
This program is managed by the MAP Policy Administrator for John Boos & Co. John Boos & Co. reserves the right to change, add or delete covered products, and change or cancel the MAP Policy at any time upon written notice to authorized Resellers and distributors.
The MAP Policy Administrator may provide advice to Resellers concerning compliance with the MAP Policy or authorize exceptions to the MAP Policy. It is the Reseller’s sole responsibility to remain aware of any changes to the John Boos & Co. MAP Policy. The MAP Policy and our MAP price list are available to authorized Resellers directly from John Boos & Co. by contacting MAPadmin@johnboos.com.>
JOHN BOOS & CO. CONTACT INFORMATION
MAP Policy Administrator