Since its inception in 1960, Boyd Enterprises has been providing the aquarium trade with premium aquatic products that result in crystal clear, ionically balanced water that provides the perfect environment for fresh and saltwater aquariums. The innovations of the Chemi-Pure and Chemi-Clean suite of products have put us at the forefront of aquarium filtration products, and we take great pride in our name and reputation. To protect the investment our high quality Retail Dealers have made and to preserve Boyd Enterprise’s reputation as a premium brand, we have unilaterally adopted, effective July 27, 2017 the following Minimum Advertised Price Policy (“MAP Policy”).
Official Policy and Guidelines:
- Boyd Enterprises has established a Minimum Advertised Price (“MAP”) for the products (“MAP Products”) listed on the attached Boyd Enterprises price sheet and the MAP for each MAP Product is as listed on the Boyd Enterprises price sheet. Boyd Enterprises will inform its Retail Dealers of changes to the Boyd Enterprises price sheet, including both the products listed
thereon and their MAP, by e-mail. Each Retail Dealer is responsible for ensuring that Boyd Enterprises has its current e-mail address.
- Listing a price that is lower than the minimum advertised price next to a MAP Product is an example of a violation of this MAP Policy. This MAP Policy applies to all advertisements of MAP Products in any and all media, including, without limitation, flyers, poster, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet websites and other
electronic media, including electronic mail, microblog services such as Twitter, television, radio, and public signage and to any activity which Boyd Enterprises determines, in its unilateral discretion, to be designed or intended to circumvent the intent of this MAP Policy. For example, website features such as “Click for Price”, “See Details for Price”, automated “bounce-back” pricing emails and other automatic price displays for any MAP Products, and other similar features, are considered to be communications initiated by the Retail Dealer (rather than the customer) and will be viewed as advertisements. The offering of MAP Products for sale in an auction format that allows bids to be placed at a price that is lower than MAP will be viewed as a violation of this MAP Policy. This MAP Policy is not applicable to in-store advertising that is displayed only in a Retail Dealer’s physical store and is not distributed to any customer. In-store displays, point-of-sale signs, hangtags or bar codes, or similar marks on products or product
packaging which merely state the price are not considered “advertising” for purposes of this MAP Policy. In that regard, this MAP Policy does not apply to the actual sales price on any “check-out page” of any Retail Dealer’s website or related internet site (typically the page at which the purchaser finally purchases the product) but this MAP Policy does apply to all other pages on the Retail Dealer’s website.
- This MAP Policy applies only to advertised prices and does not apply to the price at which MAP Products are actually sold or offered for sale to a customer within the Retail Dealer’s physical location or over the telephone. Boyd Enterprises Retail Dealers remain free to sell MAP Products at any price they choose.
- The inclusion in advertising for MAP Products of free or discounted products (whether or not sold under the Boyd Enterprises brand) is contrary to this MAP Policy if it has the effect of discounting the advertised price of a MAP Product below its MAP. This MAP Policy does not establish maximum advertised prices. Retail Dealers may advertise MAP Products at prices in excess of their MAP.
- If pricing is displayed in advertising, any strike-through or other alteration of a MAP Products minimum advertised price is prohibited. It is not a violation of this MAP Policy for Retail Dealers to advertise using phrases to the effect that “they have the lowest prices,” that “they will meet or beat any competitor’s price,” or that consumers should “call for price” or phrases of similar
import as long as the Retail Dealer does not include any advertised price that is lower than MAP. Advertising to a consumer to “email for a better price” or “email for a coupon” is a violation of this MAP Policy if the price or net price after coupon is lower than MAP.
- From time to time, Boyd Enterprises may in its unilateral discretion elect to reduce MAP for some or all of its MAP Products, permit Retail Dealers to advertise some or all of its MAP Products at prices lower than the MAP or reduce MAP for a specified period of time, or offer special promotions for some or all of its MAP Products. In such events, Boyd Enterprises will provide notice by e-mail to all Retail Dealers of such change. In the case of special promotions Retailer Dealers must comply with all applicable terms, conditions and procedures. For example, in the case of a promotion that involves a direct manufacturer’s rebate to customers, advertisements must include a MAP compliant price in the same font size and style as the rebate amount and the net after rebate price.
- Boyd Enterprises Distributors must provide this MAP Policy to each of their Retail Dealers and obtain their written agreement to comply with it prior to accepting the first or any additional orders from them. A Distributor is responsible for its Retail Dealer customers’ compliance with this MAP Policy.
- Boyd Enterprises reserves the right to modify, suspend or discontinue this MAP Policy in whole or in part at any time in its unilateral discretion. BOYD ENTERPRISES SALES PERSONNEL HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS MAP POLICY OR HAVE ANY COMMUNICATIONS WITH ANY RETAIL DEALER OR DISTRIBUTOR REGARDING VIOLATIONS OF THIS MAP POLICY. Any questions or comments regarding this MAP Policy are to be directed to the policy administrator at Damon@Chemipure.com. The policy administrator shall be solely responsible for determining whether a violation of this MAP Policy has occurred, communicating decisions to Retail Dealers and Distributors regarding this MAP Policy and receiving any communications regarding sanctions imposed under this MAP Policy. Monitoring and Reporting Intentional and/or repeated failure to abide by this MAP Policy will result in the termination of a Retail Dealer’s status as such. Boyd Enterprises may engage in monitoring of advertised prices of MAP Products and has initially engaged Brand Protection Agency to assist it. Please do not report Retail Dealers or Distributors you believe to be violating this MAP Policy. Boyd Enterprises will itself identify possible violations and make determinations of violation in its unilateral discretion.
A violation of this MAP policy by a Retail Dealer will be subject to the following penalties:
1st Violation: Boyd Enterprises will issue a warning letter and the Retail Dealer will have 48 hours to correct the violation. If the violation is not corrected within 48 hours a second violation will be deemed to have occurred.
2nd Violation: Boyd Enterprises will issue a second letter indicating that the Retail Dealer will not have access to order Boyd Enterprises products for 30 days and the Retail Dealer will have 48 hours to correct the violation. If the violation is not corrected within 48 hours a third violation will be deemed to have
3rd Violation: Boyd Enterprises will issue a third letter indicating that the Retail Dealer will not have access to order Boyd Enterprises products for one year and the Retail Dealer will have 48 hours to correct the violation. After the Retail Dealer has sold its remaining Boyd Enterprises inventory it may not advertise that it is a Retail Dealer until it again has access to order Boyd Enterprises products. If the violation is not corrected within three days a fourth violation will be deemed to have occurred.
4th Violation: Boyd Enterprises will issue a letter of termination indicating that the Retail Dealer is no longer a Retail Dealer of Boyd Enterprises products and it will no longer have access to Boyd Enterprises products.
These warnings are issued as a courtesy to Boyd Enterprise’s Retail Dealers; however, Boyd Enterprises reserves the right to terminate any Retail Dealer’s status as such at any time and without prior notification.