The purpose of this minimum advertised price (MAP) Policy is to encourage Sound Pros dealers to promote and invest in the effective local, regional and national marketing and sale of Sound Pros Products, and to promote the perception of premium quality and value of those Products. Sound Pros Products are technically superior to our competitors’ Products and they require knowledgeable salespeople and/ or helpful display and demonstration arrangements to assishjnt end users in the full appreciation and understanding of the functionality of the Products. Sound Pros reserves the right to change a Product’s MSRP or MAP based on market conditions, as deemed necessary.
What ads are subject to this policy? Advertisements in any medium, including but not limited to: Internet; online auction; print; radio; email; letter; television; sign (except signs inside the Dealer’s retail store); catalog and electronic media are covered by this Policy. For internet sales, the entire web site, including the “shopping cart” or similarly functioning feature, will be considered part of the Advertisement. The distribution of transferable discount codes which reduce a Product’s price below the MAP Price are considered a form of advertising.
What pricing must appear in the ad? All advertisements of Products that contain a price must clearly and conspicuously display the Product’s Manufacturer Suggested Retail Price (MSRP). The current MSRP is that displayed on the brands’ official price sheet, website(s) and may also be supplied by Sound Pros at any time upon request.
What if I have the customer request the price? Dealer may not advertise “Email For Price”; “Call For Price”; “We’ll Beat Any Price”; “Add To Cart For Price”; “Click For Price” or any other similar language which could be interpreted in such a way that an ordinary consumer would reasonably believe the Product is actively being sold at a price other than the MAP.
What if I combine Products? Advertising practices that have the effect of reducing a Product’s advertised price below the MAP Price such as combining a Product with a “free” Product or in a “package” with other Products or with a “membership discount” must comply this Policy.
What if I price match? Price Match Guarantee policies in which a dealer states they will sell a Product below a competitor’s advertised price (for example a 110% price match guarantee advertising that the dealer will beat any competitors advertised price by 10%) are violations of this Policy. Dealers may advertise price matching if they are solely matching the competitors advertised offer.
Can I advertise on 3rd party marketplaces? Dealers are not permitted to advertise Sound Pros Products through third party marketplaces such as, but not limited to: Amazon; Walmart.com; Jet.com; Rakuten; Sears.com or eBay. Services such as “Fulfillment By Amazon” result in Product being sold through a third-party marketplace (Amazon) and thus dealers are not permitted to utilize this or similar services if it results in an advertisement on a third-party marketplace.
What can I advertise in my brick & mortar store? Dealers are free to advertise the Products in any method they choose within the confines of their retail store(s) at the physical address(es) specified on the Dealer Application and Agreement. Signage posted at consumer retail events at which Products are being sold at a price other than the MAP is a violation of this Policy unless express permission has been granted by the Brands or Sound Pros.
New Product. The MAP price for new products will be shown on the current price sheets for Sound Pros Products. The MAP price for Factory Refurbished and Discontinued Product is set out below. Any advertisement of a Product not designated as Factory Refurbished or Discontinued will be presumed New and will be subject to MAP.
Refurbished Product. Factory Refurbished Products may be advertised up to 25% off Sound Pros’s published MAP if the advertisement states that the Product is “Factory Refurbished”, “Factory Reconditioned,” “Reconditioned,” “Refurbished” or “Opened Box.” Any advertisement exceeding this reduction in MAP will be in violation of this MAP Policy
Discontinued Product. Discontinued Products may be advertised up to 50% off of Sound Pros’s published MAP if the advertisements state “Discontinued,” or “Close-out.” Any advertisements exceeding this reduction in MAP will be considered in violation of this MAP Policy. Orion reserves the right to lift MAP on any discontinued Product.
Used Product: This MAP Policy does not apply to any advertised price where the dealer clearly, conspicuously and proximately identifies the Sound Pros Products to be sold as “Used”.
How do I display the brand in ads? Dealers are required to follow the Sound Pros Brand Use Guide at all times, unless otherwise explicitly instructed in writing by Sound Pros.
2. Violation of MAP Policy
Orion reserve the right to deny any dealer authorization to carry, sell or advertise any of its products. Sound Pros also reserve the right to revoke, for any reason including violation of its Advertising Policy, any dealer’s authorization to advertise or sell the products.
Upon a first violation, Sound Pros will issue a notice of violation to the dealer and give the Dealer an opportunity to come into compliance within 5 days of receiving the notice.
Upon a second violation, a second written notice will be issued, and the dealer’s right to purchase Sound Pros Products will automatically be suspended for a period of 60 days from the date of the second notice.
Upon a third violation, a third written notice will be issued, and the dealer’s right to purchase Sound Pros Products will automatically be terminated.
Separate violations will be deemed to have occurred if a violation continues after Sound Pros has issued a notice of violation to the dealer.
3. This is a Unilateral Policy
Sound Pros has unilaterally adopted this MAP Policy. Sound Pros is not seeking, and will not accept, any agreement or assurance of compliance by a dealer with this Policy. Nothing in this Policy statement should be construed as an agreement as to the minimum prices at which a dealer will advertise or resell Sound Pros Products. The dealer must, in its sole discretion, determine the selling price and may under this policy sell the product at any price.
No Sound Pros sales personnel are authorized to discuss this MAP Policy with any dealer and have been instructed not to discuss this Policy with you. Any questions regarding this Policy should be sent in writing, by e-mail to family@orioncaraudio.com or by letter to Sound Pros’s CEO.
This policy will be administered and enforced unilaterally by Sound Pros. Upon issuance of a price update by Sound Pros, Dealers will have a grace period of 14 days to adjust all prices to the new MAP.
