Birdfy Reseller Minimum Advertised Price (MAP) Policy

Overview:
Birdfy's Minimum Advertised Price ("MAP") Policy is intricately designed to uphold the enduring integrity of the Birdfy brand by supporting Birdfy Authorized Resellers in conveying the value of Birdfy products through their advertising efforts. The policy also encourages these resellers to engage in consumer education and provide additional support services for the benefit of Birdfy customers.
To achieve these objectives, the MAP Policy prohibits resellers from advertising Birdfy products below a specific price determined by Birdfy. This MAP Policy is unilateral, non-negotiable, and will not be altered for any Authorized Reseller.

Minimum Advertised Price (MAP):
The Minimum Advertised Prices (MAPs) for Birdfy products align with the Birdfy Suggested Retail Prices and will be accessible on the Birdfy MAP Product Price List published on https://www.birdfy.com/pages/map-policy
The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or over the telephone.

Applicability:
Birdfy’s MAP Policy is applicable to advertisements from all resellers and distributors who sell Birdfy Covered Products (collectively referred to as “MAP Resellers”). Each MAP Reseller bears sole responsibility for adhering to this MAP Policy.

Covered Products:
Any item listed on the Birdfy MAP Product Price List is governed by the terms specified in this MAP Policy, denoted as "Covered Products." Used equipment, as defined below, is excluded from this policy.


Advertising Guidance

Applicable Advertising Guide:
This MAP Policy will apply to all advertisements (as defined below) of covered product(s) by a MAP Reseller, including, without limitation, out of home, print, and online. Displaying a price for a covered product below the Birdfy suggested retail prices in any advertisement is a violation of this MAP Policy.
  • Print advertising such as newspapers, brochures, magazines, and multi-page inserts.
  • Broadcast advertising such as radio, TV, and podcasts.
  • Direct advertising such as catalogs, flyers, newsletters, and direct mail pieces. This applies to any piece whether mailed, hand delivered, or shipped in-box with product.
  • Electronic mail (e-mail) advertising. Any web pages that link from the e-mail are considered part of the e-mail advertisement.
  • Internet advertising such as banner, pop-up, and pop-under ads.
  • Any website accessible to the public including traditional retailers, club memberships sites, e-tailers, vendors, portals, shopping sites, auction sites, etc. Any “level” of a web site above the “shopping cart” is considered an advertisement.
Other:
At no time during this MAP Policy may the MAP Reseller make any statements or other indications on its website in connection with any covered products(s) that indicates or implies that a lower price may be found at the online checkout stage, other than the following:
  • Using shopping-cart technology where the discounted pricing is neither able to be picked up as a search-engine result nor shown to the general public without adding the product to the shopping cart. Language such as “see price in cart” or “add to cart for lower price” is permissible.
  • Advertising that instructs a customer to “call for price” or “email for price” or other similar language, so long as no price is listed.
  • Creating a password-protected section on the MAP Reseller website where the discounted pricing is neither able to be picked up as a search-engine result nor shown to the general public.
MAP Pricing and Advertising Exceptions:
MAP Resellers may advertise prices below MAP, and still comply with this MAP Policy in the following circumstances:
  • Birdfy-authorized promotions (this exception is limited to special promotions as announced or authorized by Birdfy). In-store advertising (to the extent not visible from outside the store).
  • Any reduced price that a MAP Reseller wishes to place within a purchaser’s online shopping cart as a final stage of an online purchase(s), so long as the end user enters the final state on his/her own without any reference on the website that lower price will be found at the final purchasing stage.
  • Holiday promotions by Birdfy to authorized resellers.
  • Free shipping advertising.
Used Equipment:
Used equipment can be advertised at any reasonable price below the designated MAP so long as the MAP Reseller clearly and prominently discloses that the product is “used equipment.” Birdfy defines used equipment as product obtained by the MAP Reseller through customer return or exchange.


Monitoring and Enforcement

Birdfy may engage in monitoring of advertised prices of Covered Products, either directly or via the use of third parties, but Birdfy will unilaterally be responsible for enforcing this MAP policy.

Non-Compliance With MAP Policy
To maintain the reputation and value of the Birdfy Brand, Birdfy reserves the right to take the following actions in the event of violations of this Policy:
  1. First offense: A written warning will be issued. Failure to address the issue within 2 days will be considered a subsequent offense.
  2. Second offense: Birdfy reserves the right to cease, delay, or restrict shipments and/or sales of affected Birdfy Products covered by the MAP policy for a period of 30 days.
  3. Third offense: Birdfy may cease, delay, or restrict shipments and/or sales of affected Birdfy Products covered by the MAP policy for a period of 60 days.

Changes to Policy

Birdfy’s MAP Policy Director is the only person authorized by Birdfy to communicate MAP Policy updates, changes, or decisions. No other Birdfy representative or agent is authorized to confirm compliance with, discuss, or amend this MAP Policy. Birdfy will not communicate with any reseller regarding another reseller’s advertising practices.
Birdfy may change prices, change policy, cancel policy, and include or delete products that are Covered Products at any time. All questions related to this MAP Policy should be directed in email to map@birdfy.com.

No Agreement
This MAP Policy does not constitute an agreement between Birdfy and any MAP Reseller. Compliance with this MAP Policy does not evidence any kind of agreement between a MAP Reseller and Birdfy.
Resellers are free to independently determine the price at which any Covered Product is sold.
The MAP Policy is confidential and Birdfy requests that no MAP Reseller disclose the terms and conditions of this MAP Policy.