Minimum Advertised Price Policy & IP Policy
Updated 12/01/2023
Introduction:
Shocker Hitch is a leading provider of value-added towing products. We recognize that our success is tied to the success of our authorized dealers/resellers. We also know that many of our dealers invest significant time and resources to deliver an extraordinary customer experience and communicate extensive product knowledge to customers. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our dealer’s service and support efforts, as well as the value of our brand. As a result, Shocker Hitch has unilaterally established this Minimum Advertised Price (“MAP”) Policy. All Shocker Hitch Authorized Dealers/Resellers must agree to the terms and conditions of the following MAP Policy.
Policy Statement:
Shocker Hitch, in its sole discretion, reserves the right to cancel orders, delay shipment of existing orders or discontinue doing business with any reseller that advertises any product(s) covered by this MAP policy at a price lower that the MAP. For the Canada MAP policy guidelines, convert USD to 1.3 x USD MAP to determine Canadian MAP..
Guidelines:
MAP pricing for all Shocker Hitch products can be found on the current price list. All advertised prices must be at or above MAP for all Shocker Hitch products if a MAP price has been established. Dealers/Resellers are not required to list prices in advertising. If a price is listed in an advertisement it must be at or above MAP (Minimum Advertised Price). Other statements such as “call for price” or “call for quote” are acceptable and permitted.
Resellers are also responsible for ensuring their displayed Shocker Hitch pricing is at or above MAP on internet search engines and their website or online store. Resellers are free to set the actual resale price of any product as long as it is at or above MAP price. The Shocker Hitch MAP policy for all Shocker Hitch products apply to advertising placements, including but not limited to: print ads (inserts, magazines, newspapers, catalogs, mail order catalogs, etc.), broadcast (radio and TV), direct mail, faxes, broadcast emails, destination pages, third-party sites), (banner ads, keyword search ads, videos, shopping ads, broadcast emails, destination pages, third-party sites), internet placements on resellers own website, and any flyers, posters or coupons.
From time to time, Shocker Hitch may permit resellers to advertise MAP Products at prices lower than the MAP price. In such events, Shocker Hitch reserves the right to modify or suspend the MAP price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
Shocker Hitch Intellectual Property:
Use by Reseller of Shocker Hitch Intellectual Property. Reseller agrees to conform to policy as set forth herein regarding the use of its intellectual property (“IP”). If Shocker Hitch does provide authorization to use Shocker Hitch IP, the authorized IP will not be altered from the original provided, or used in combination with any non-authorized material not related to Shocker Hitch to market Shocker Hitch products. Shocker Hitch IP includes but is not limited to trademarks, trade dress and copyrights in the images, text and slogans, Shocker Hitch uses to describe and market the Products, including but not limited to Shocker Hitch video, graphics, images, logos, designs, marketing materials and/or copyrighted print advertising. Shocker Hitches trademarks include the following, and are regularly updated at www.shockerhitch.com, all trademarks listed at this website are hereby Shocker Hitch’s “IP” and are hereby incorporated by reference: ® indicates that the trademark is registered at the US Patent and Trademark Office.
- Shocker Hitch® – Registration #: 4950038
- Gooseneck Surge® – Registration #: 5480306 – Patent # 11,370,257 B1 & D898,628
- Shift Lock ™
- Shocker Hitch Air Equalizer ™
- Shocker Impact ™
- Shocker Streamline ™
- Mini Shocker ™
- Quick Air ™
Authorized Dealers/Resellers may not use Shocker Hitch IP or resell Shocker Hitch products without prior consent, including by not limited to any of the following situations:
- Magazines, newspapers & printed advertising
- Television, radio, billboard
- Over the internet, including but not limited to the following
Shocker Hitch IP cannot be used for any paid online advertising allowing a person to bid on any Shocker Hitch trademark as a search term entered by a visitor to a search engine site, along or in combination of other words, including by not limited to: Google Adwords, Bing Ads, Microsoft Ads, Yahoo/Bing/MSN Network.
Shocker Hitch IP cannot be used on online stores and marketplaces, including but not limited to Amazon.com, Ebay.com, Google Product Search, Google Merchant Center, BestBuy.com, Shopzilla.com, Walmart.com, Target.com, Sears.com, Rakuten, Overstock, Newegg, Facebook Catalog, Facebook Store, Instagram Catalog, Youtube, Snap Chat or Tiktok.
Shocker Hitch IP cannot be used for online display advertising.
Shocker Hitch IP cannot be used on social networks site advertising platforms including put not limited to Facebook, Instagram, Google, Pinterest & Snapchat.
Dealer/Reseller may use Shocker Hitch IP in the following situations:
- When previously approved by Shocker Hitch per terms of this agreement.
- May received internet search results displaying Shocker Hitch IP as the result of organic search results from the reseller/dealer web sites that have previously been approved by a Shocker Hitch officer.
- May use Shocker Hitch trademarks in the reseller/dealer website product description content, if and only if that product is offered for sale by the reseller/dealer under the conditions of this agreement.
Shocker Hitch, Inc will provide authorized images and text for Shocker Hitch approved uses upon request of dealers/resellers who are in good standing. Images and text may not be reditsributed to others without prior written consent, in writing by a Shocker Hitch, Inc. officer.
Failure to comply with Shocker Hitch IP policy: Any unauthorized use of Shocker Hitch IP is a material breach of this agreement and may result in loss of discounts, institution of legal action and refusal to supply reseller/dealer with any further Shocker Hitch product.
Pricing Statements:
Shocker Hitch’s MAP Policy does allow resellers to omit pricing entirely from advertisements and/or advertisement statements such as “Call for Price” or “Call for Quote.”
Free shipping and/or handling, 0% sales tax, or free financing promotions do not violate the MAP.
Price matching policies are acceptable. Price matching cannot be used as a valid reason for violations of the Shocker Hitch MAP Policy. Advertised price must always be at MAP or higher.
Failure to Comply with the MAP Policy:
At the sole discretion of Shocker Hitch, failure to comply with MAP, intentional and/or repeated failure to abide, may result in the immediate loss of Authorized Dealer/Reseller status and your ability to purchase all Shocker Hitch products both direct as well as through distribution.
Shocker Hitch will utilize the following steps to resolve MAP violations:
Any and all dealers selling Shocker Hitch products which have not signed the Shocker Hitch MAP Policy agreement are classified as Unauthorized Resellers.
Distributors of Shocker Hitch are required to provide a signed MAP agreement from any dealer selling Shocker Hitch products. Unauthorized dealers should not be sold to from a distributor whatsoever.
Violations from Authorized Resellers will need to be corrected within 24 hours of notification.
First Violation: Authorized Reseller account will be put on hold temporarily and a written warning will be provided. MAP violations must be corrected within 24 hours. Upon correction and following 30 days of compliance, violation will then be cleared.
Second Violation: Authorized Reseller account will be put on hold for 30 days. After this duration, Shocker Hitch will review and determine if account is to be reinstated.
Third Violation: Should Shocker Hitch decide to reinstate an Authorized Reseller who has previously demonstrated a second violation, yet violates a third time, the account will be unauthorized indefinitely.
MAP & IP Policy Confirmation Agreement:
This Shocker Hitch MAP & IP Policy and Confirmation Agreement is made between Shocker Hitch and the dealer/reseller below on the date noted. Shocker Hitch places great value on the efforts of all dealers/resellers to represent our products and support their customers. Our MAP & IP policy is intended to encourage competition for the sale of Shocker Hitch products in a manner that is consistent with the long-term interests of our customers. We are sure that you share our commitment to customer satisfaction and as such, we ask that you acknowledge by signing this MAP confirmation agreement.