LOWA Boots, LLC (the “Company” or "LOWA") has determined that its interests are best served through the adoption of a minimum advertised price (“MAP”) policy (this "MAP Policy"). This MAP Policy is designed specifically to (1) protect sales margins, (2) encourage all its resellers to promote and invest in the marketing and sales of LOWA products, and (3) maintain the value of the LOWA brand; and (4) avoid destructive intra-brand conflict between resellers across our network.
Please note that this MAP Policy has been unilaterally adopted by the Company and will be uniformly enforced. The Company is not seeking consent, approval or agreement from any reseller or any assurance of adherence to this MAP Policy. It is entirely within the discretion of a LOWA reseller or distributor whether to comply or not comply with this MAP Policy.
Nothing in this MAP Policy or in any other contract or agreement with the Company shall constitute an agreement between the Company and reseller that the reseller will comply with this MAP Policy. The Company will not discuss any conditions of acceptance related to this MAP Policy, as it is non-negotiable, and will not be altered for any reseller.
The Company reserves the right to change, suspend, terminate or otherwise modify its MAP Policy from time to time, in whole or in part. All such MAP Policy modifications shall be made available at the LOWA website at http://www.lowaboots.com.
If you have any questions or comments concerning this MAP Policy, please contact the MAP Policy administrator at (203) 353-0116. The MAP Policy administrator is solely responsible for and authorized to determine whether a violation of the MAP Policy has occurred, appropriate sanctions, communicating such decisions and receiving any communications regarding sanctions imposed under the MAP Policy. No other LOWA officer, director, employee, executive, partner, contractor, agent or representative has authority to modify or alter this MAP Policy.
This MAP Policy covers all LOWA resellers located in the United States. Although resellers remain free to establish their own advertised and resale prices, LOWA will, without assuming any liability, unilaterally impose sanctions as described in this MAP Policy against resellers who advertise applicable LOWA products at prices below those specified herein.
MAP applies only to minimum advertised prices and does not apply to the price at which the products are actually sold, or to advertised prices higher than the unilateral minimum resale prices established by LOWA from time to time.
Minimum Advertised Price.
The current listing of products and applicable MAP prices can be found the LOWA Product Price List provided by LOWA to resellers with the Reseller, Credit and Internet Sales Agreement and thereafter from time to time when revised, supplemented, or amended by LOWA in its sole discretion. LOWA resellers are responsible for remaining current with this MAP Policy, subject products and appropriate MAP pricing.
Any advertisement publishing a price for a product subject to this MAP Policy below the MAP will be a violation of this MAP Policy.
This MAP Policy applies to any and all advertisements of LOWA products in all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, websites or similar electronic media, television, radio and public signage.
In the event a reseller chooses not to follow this MAP Policy, sanctions will be unilaterally imposed by LOWA via the MAP Policy administrator.
Violations of this MAP Policy shall be determined by LOWA in its sole discretion. LOWA will not accept any communication from a reseller which has violated this MAP Policy regarding the violation or the willingness of the reseller to bring its prices into compliance.
Additionally, failure to adhere to this MAP Policy will be considerable factor used in the determination of whether LOWA continues to do business with a reseller in the future.