Airhawk International
US Minimum Advertised Price Policy Effective 6/15/2024
1. Introduction
Airhawk International, LLC, (Airhawk), recognizes 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, Airhawk has unilaterally established this Minimum Advertised Price (“MAP”) Policy.
2. Policy Statement
Airhawk, 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 other than MSRP.
3. General Guidelines
a. All cushion products manufactured by Airhawk are covered by this policy and Airhawk may in its sole discretion modify the products covered from time to time.
b. Airhawk recognizes that dealers are free to make their own decisions to advertise and sell any of Airhawk’s products at any price they choose, without consulting or advising Airhawk. Similarly, Airhawk will exercise its right to make its own decisions regarding Airhawk’s supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, future promotional events, joint marketing and/or sponsorship program.
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 either
4. Advertising Guidelines
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. The MAP Policy does not apply to solely on premises or in-store advertising that is not distributed to customers.
b. Website features such as “click for price”, automated “bounce-back” pricing emails, pre-formatted 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 this MAP Policy.
c. 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 the company’s products, as long as no price islisted.
d. This MAP Policy also applies to any activity which Airhawk 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.
e. 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.
f. From time to time, Airhawk may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, Airhawk 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 Airhawk 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.
g. “Bundling” or advertising any of Airhawk’s products for sale together with other products will violate this MAP Policy.
h. “It is not permissible to advertise and/or sell any Airhawk product on any third party internet-only websites including, but not limited to, Amazon, Ebay, Google, Alibaba, or any other third party internet-only website. It is permissible, however, to advertise and/or sell in accordance with the MAP policy any Airhawk product on the dealer/retailer’s own internet website.”
5. Policy Enforcement
a. If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then Airhawk will consider this to be a violation by the dealer.
b. Airhawk reserves the right to cancel any pending orders, restrict future orders or suspend dealers’ account if Airhawk reasonably believes: a dealer has violated the provisions of this policy;or a dealer intends to violate this policy.
c. Airhawk’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions.
d. The MAP Policy Administrator, in writing may grant waivers to this MAP Policy in Airhawk’s sole discretion. Airhawk 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. Airhawk 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 Airhawk investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying or otherwise failing to cooperate with an Airhawk MAP Policy investigation is a violation of this MAP Policy.
f. Airhawk will enforce the MAP Policy in its sole discretion and without notice. Dealers, distributors and/or 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: Support@Airhawk.net
Don L. Mahoney
Managing Member
Airhawk International, LLC
