Minimum Advertised Price Policy (MAP)
Update Effective January 31, 2016
Holley and its affiliated companies, MSD LLC, ACCEL Performance Products LLC, DiabloSport LLC, and Powerteq LLC (collectively, the “Holley/MSD Group”) have determined that their interests and those of their loyal resellers are best served through the adoption of a minimum advertised price (MAP) policy. This MAP policy is designed to support and facilitate our continuous and substantial investment in the development and introduction of innovative new products and protect our loyal resellers from those that would seek to take unfair advantage by promoting their sale of Holley/MSD Group products primarily on the basis of price. Such practices are harmful to our brands, reputation, and competitiveness and detrimental to our efforts and those of our loyal resellers to service and support consumers of our products. This MAP policy has been unilaterally adopted by the Holley/MSD Group to discourage such activities.
This MAP policy covers all resellers of Holley/MSD Group products located in the United States and Canada.
Holley/MSD Group has established a suggested retail price (“SRP”) for each of its products. Resellers remain free to establish the actual prices at which they will sell Holley products. Value-added resellers may find that they can command prices above SRP.
Minimum Advertised Price
Holley/MSD Group has established a minimum advertised (MAP) price for each of its products. Holley/MSD Group will reward those resellers that advertise Holley/MSD Group’s products at (or above) MAP. Conversely, resellers who advertise Holley/MSD Group products at below-MAP prices will lose privileges or benefits offered by Holley/MSD Group to its loyal resellers.
MAP applies only to advertised retail prices and does not apply to the retail price at which Holley/MSD Group products are actually sold, nor does it prohibit advertised prices that are higher than Holley/MSD Group’s MAP prices.
This MAP policy applies to all advertisements of any Holley/MSD Group products in all media including, without limitation, on-line catalogs, mail order catalogs, television, radio, public signage, flyers, posters, coupons, mailers, inserts, newspapers, magazines, and all internet or similar electronic media, including websites, email newsletters, forums, and auction sites. Website features such as “click for price,” automated “bounce-back” pricing e-mails, automatic price display for any items prior to being placed into a customer’s shopping cart, and special “in-cart” pricing are considered to be communications initiated by the reseller (rather than the customer) and constitute “advertising” under this MAP policy.
Where any Holley/MSD Group product is bundled with or sold as part of a package that includes other products (whether or not manufactured by a Holley/MSD Group company), it shall be a violation of this MAP policy to sell or advertise the bundle (or package) at a price that (a) is lower than the total MAP of the Holley/MSD Group product(s) in the bundle/package or (b) violates the letter or spirit of the MAP policy.
It shall be a violation of this MAP policy to include in any advertising for a Holley/MSD Group product any additional discount, coupon, gift card, or incentive that translates into an immediate price reduction, where the cumulative effect would be to reduce the advertised price of the Holley/MSD Group product below such product’s MAP. Holley/MSD Group-sponsored “manufacturer’s rebates” or other, similar Holley/MSD Group-sponsored promotions shall be exempt from this provision.
Each advertisement of any Holley/MSD Group product below its MAP will be a violation of this MAP Policy.
Selling to a reseller that is on Holley/MSD Group’s Do Not Sell list constitutes a violation of this MAP policy.
Selling any or all of the Holley/MSD Group product lines to or through any internet reseller who is in non-compliance with this MAP policy constitutes a violation of this policy.
What’s NOT a violation of this MAP policy?
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, does not include a specific reference to any Holley/MSD Group product in connection with such general advertising, and otherwise complies with this MAP policy.
It shall not be a violation of this MAP policy for a reseller to advertise that a consumer may “call for price” or “email for price,” so long as no price below MAP is listed.
Free or reduced-priced shipping may be offered by a reseller and will not be considered a violation of this policy if it is offered in connection with the purchase of all brands of product in a product category and not just in connection with Holley/MSD Group products.
Discount certificates or coupons that may be used toward future purchases may be advertised so long as no price below MAP is listed.
Current Product Listing, SRP and MAP
The current listing of Holley/MSD Group products, along with their SRP and MAP, will be circulated to resellers. The products, SRP and MAP may be changed from time to time at Holley/MSD Group’s sole discretion.
Failure to comply with this MAP policy will result in one or more of the following:
• Discounts and other purchasing privileges or benefits may be reduced or revoked across any or all of the companies in the Holley/MSD Group
• Orders may be refused or cancelled for any or all products across any or all of the companies in the Holley/MSD Group
• Reseller’s status as an Authorized Reseller may be revoked across any or all of the companies in the Holley/MSD Group
• Reseller’s name may be included on Holley/MSD Group’s Unauthorized Reseller list
• Reseller’s name may be included on Holley/MSD Group’s Do Not Sell list
• Reseller’s authorization to use trademarked/copyrighted images or text, including marketing material, product descriptions, and Holley/MSD Group company information may be revoked
Violations of the MAP Policy shall be determined by Holley/MSD Group in its sole discretion.
Holley/MSD Group reserves the right at any time to modify this MAP policy in whole or in part, to designate promotional periods during which the terms of this policy change, or to designate periods of time during which this policy is not applicable.
Products sold under the following brands are covered by this MAP policy:
• Hooker Headers®, including Hooker Blackheart™
• Demon Fuel Systems®
• Earl’s Performance Plumbing®
• Mr. Gasket®
• Edge Products®
Discontinued products and promotional items, such as decals, apparel, posters, and banners, are exempted from this policy. Impaired products (i.e. products that are used, rebuilt, refurbished, or damaged) are exempt from this policy so long as any advertising of such products clearly and prominently states the nature of the impairment.
Holley/MSD Group is not seeking agreement from any reseller to adhere to this MAP policy. This MAP policy does not constitute an agreement or contract between any company in the Holley/MSD Group and any of its resellers.