Minimum Advertised Price (MAP) Policy

Spyder Digital Research Inc.
Minimum Advertised Price (MAP) Policy
U.S. only

Spyder Digital Research Inc (“Spyder”) has adopted the following Minimum Advertised Price Policy (“MAP Policy”) for all Spyder products, except as designated by Spyder from time to time in writing or as posted on a website (“Covered Products”).  Spyder’s goal in establishing this policy is to avoid degradation of, or damage to, the premium quality and image of its Covered Products and to the trademarks, other marks, brands or trade names under which its Covered Products are sold.  Spyder intends to sell these Covered Products only to Distributors/Resellers that do not advertise Covered Products below the Minimum Advertised Price set forth in this policy.  Spyder may choose to enforce this policy through action up to and including termination of a Distributor/Reseller or other authorized distributor that advertises any Covered Product below the stated Minimum Advertised Price as set forth below.  This MAP Policy will be applied and enforced as follows:

  1. The minimum advertised price (“MAP”) for each Covered Product shall be the price designated as the MAP on the current Spyder price list as issued by Spyder from time to time, or, if no MAP is listed for any Covered Product, the MAP will be the Manufacturer’s Suggested Retail Price (“MSRP”) for that Covered Product minus 10% of that MSRP.  Current price lists may be obtained by contacting a Spyder sales representative.  The MAP for one or more products may be amended from time to time and may be suspended periodically for national, regional and/or seasonal promotions sponsored by Spyder. Changes to the MAPs will be posted on the Spyder website designated by Spyder and will supersede the MAPs on the price lists.  It is the responsibility of distributors of Spyder Covered Products to monitor the designated Spyder website for updates.
  2. This MAP Policy applies to any and all forms of print and electronic media, direct mail, and audio and video communications.  Examples of communications to which the MAP Policy applies are set forth in the attached MAP Policy FAQs.
  3. Spyder considers any price advertised below the MAP a violation of its MAP Policy.  For example, if a product with a MSRP of $99.99 is advertised at or below $89.99, this is a violation of the MAP Policy.
  4. The MAP Policy only applies to advertised prices of Covered Products, and not the prices at which Covered Products are actually sold.  The dealer is free to resell Covered Products at any price of its choice.
  5. Spyder reserves the right to modify, suspend, or cancel the MAP Policy, or modify any or all MAPs at any time.  Spyder will provide notice of any such modifications, suspension or cancellations on the designated Spyder website.  It is the responsibility of each member of Spyder’s distribution network to monitor the Spyder designated website for updates.
  6. If a dealer advertises prices below those required by this MAP Policy, Spyder shall take appropriate action to enforce this MAP Policy, including but not limited to one or more of the following actions:
    1. Notify the dealer of the non-compliant advertisement with a reminder of Spyder’s MAP Policy on Covered Products.
    2. Suspend the dealer’s right to sell the Spyder Covered Product in question for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from Spyder.;
    3. Suspend the dealer’s right to sell the entire Spyder product portfolio for a period of time (e.g., thirty (30), forty-five (45) or ninety (90) days) depending on the breadth and severity of the MAP Policy violation, commencing from the date of notice from Spyder.
    4. Suspend the dealer’s right to sell the entire Spyder product portfolio for a period of not less than one (1) year, commencing from the date of notice from Spyder.
    5. Terminate the Distributor/Reseller Agreement or other relevant agreement between Spyder and the member of the distribution network who has violated this MAP Policy.

Spyder will make all decisions concerning compliance with and enforcement of this MAP Policy unilaterally.  This MAP Policy is a unilateral declaration of policy by Spyder  and does not reflect or constitute an agreement between Spyder and any Distributor/Reseller, any other authorized distributor, or any other person or entity, and by issuing this policy Spyder is not seeking any such agreement.