MAP Policy
Online Minimum Advertised Pricing Policy
In recent years, there has been a noticeable increase in the number of online resellers selling HVAC related products. As we see more of our authorized resellers utilizing this method to expand and promote their business, it has become clear to us that online reselling is here to stay. To protect the investment of our authorized resellers and Dust Free’s brand reputation, we have unilaterally adopted a MINIMUM ADVERTISED PRICE POLICY (MAP Policy) effective May 1, 2013.
Dust Free established this MAP Policy due to the fact that reseller advertising and sales practices that promote Dust Free products primarily on the basis of price could be detrimental to resellers’ service and support efforts and Dust Frees competitive position. Dust Free believes that these practices are unfair and thus discourages such efforts. Dust Free also does not allow unauthorized sales of any Dust Free products online.
Dust Free has unilaterally establish a minimum advertised price for its products. Pursuant to the policy, no authorized reseller may advertise or otherwise promote the products using the internet at a net price less than MAP. Unauthorized resellers of any of Dust Free’s product will be dealt with legally. For the purpose of the Policy, the “net price” shall mean the published or advertised price the reseller makes the Product available to its customers taking into account all discounts.
NONCOMPLIANCE:
Each authorized reseller is responsible for their own compliance with this MAP Policy. Authorized Distributors are also responsible for online resellers that they supply. If an authorized distributor is knowingly selling to a third party reseller that is non-compliant with the MAP Policy, both the distributor and the third party reseller will be held accountable for violations of the MAP Policy. Although authorized resellers remain free to establish their own prices, Dust Free will respond to violations of the MAP Policy generally as follows:
i) If an authorized reseller is determined to be in non-compliance with the Dust Free MAP Policy, Dust Free will notify that reseller in writing. The noncompliance reseller will have 10 days to bring themselves in compliance with the Dust Free MAP Policy. In addition, any authorized reseller known to be supplying the non-complying reseller will also be notified.
ii) If an authorized reseller continues to violate the Dust Free MAP Policy more than 10 days after being sent notice, Dust Free will respond by removing any and all rebates, incentives or discounts provided directly to that reseller. Dust Free, at its own discretion, may increase the wholesale price to that reseller by an amount deemed reasonable by Dust Free. Dust Free may also limit the supply of new product to the non-complying reseller. In addition, any reseller known to be supplying the noncompliant reseller may also be subject to the same penalties.
iii) If an authorized reseller continues to violate the Dust Free MAP Policy more than 10 days after being sent their second notice of non-compliance, Dust Free will respond by no longer selling to that reseller and terminating any relationship between Dust Free and the noncompliance reseller. In addition, any reseller known to be supplying the non-complying reseller may also be subject to the same penalties.
Dust Free’s Online Minimum Advertised Pricing for MicroPure MX4, DF Active, and DF Carbon units is as follows:
MicroPure 5” 120/230v – $950.00 each not inclusive of installation
MicroPure 5” 24V – $950.00 each not inclusive of installation
MicroPure 9” 120/230v – $975.00 each not inclusive of installation
MicroPure 9” 24V – $975.00 each not inclusive of installation
MicroPure 14” 120/230V – $1,000.00 each not inclusive of installation
MicroPure 14” 24V – $1,000.00 each not inclusive of installation
DF Active 12″ – $1250.00 each not inclusive of installation
DF Active 6″ – $1200 each not inclusive of installation
DF Carbon – $1000 each not inclusive of installation
Dust Frees sales representatives cannot and will not discuss the unilateral MAP (minimum advertised price) policy with resellers outside of providing the terms of the policy and examples of compliant and non-compliant advertising. Questions regarding the policy should be submitted to marketing@dustfree.com. In the absence of a response from Dust Free, the online ad placement is at the reseller’s own risk.
The Policy is subject to change or be canceled at any time by Dust Free. Dust Free will provide notice of any change to the Policy.
Dust Free, LP Internet Sales Policy
Dust Free, LP (hereafter referred to as “Dust Free”), is committed to delivering high quality products and services to our authorized distributors, dealers, and mechanical contractors. Our top priority is to assist our authorized distributors and/or, dealers and/or contractors grow and improve the quality and volume of their businesses, while at the same time strengthening our business relationships with them and the customers. Dust Free recognizes that the Internet has become a valuable tool four our authorized distributors, dealers, and contractors to provide a variety of important consumer information (i.e., product options and specifications, warranty information, other company and/or product details, etc.) and distributor/dealer and contractor support. The Internet is a tool that is becoming increasingly important within our industry as product-related websites have already become the preferred method of many consumers for conducting HVAC related products and brands and research on the various technologies and systems.
Dust Free, however, has become increasingly aware of companies who are violating Dust Free’s Policies prohibiting the sale of Dust Free products directly to consumers via the Internet and the violation of Intellectual Property Rights belong to Dust Free as well. Some examples include:
The unauthorized and improper use of Dust Free Intellectual property on the Internet including its trademarks, logos, or insignia, other source or business identifiers, and copyrighted product
images and materials.
The sale of Dust Free’s products via the Internet directly to consumers, either through websites operated by distributors/dealers/contractors and others, through Internet auction websites, or through Internet auction websites, or through similar online means such as EBAY, Amazon, Craigslist, Google, Yahoo, MSN, etc.
The operation of websites in a manner that gives the false impression that the website, or the manner in which Dust Free products are sold via the website, is approved, sponsored, or endorsed by Dust Free.
The unauthorized registration and use of domain names incorporating Dust Free’s trademarks and copyrights.
The unauthorized bidding on of keywords or any other online advertising incorporating Dust Free’s trademarks from all online advertising mediums so as to create “sponsored ads” to promote a company’s website as “factory authorized”.
The unauthorized incorporation and use of Dust Free’s trademarks as metatags in the coding of a company’s website so as to achieve a higher ranking in search engine results.
The unauthorized inclusion any of Dust Free’s products in any automated online shopping sites.
In response to the rapid emergence of these Internet-based concerns and to prevent consumer confusion that can result from improper or unauthorized use of Dust Free’s Intellectual Property, Dust Free has developed the following guidelines concerning Internet activities involving its products and intellectual property:
Intellectual Property, Dust Free has developed the following guidelines concerning Internet activities involving its products and intellectual property:
1) It is inappropriate and against Dust Free’s policy to offer for sale or to sell any Dust Free products direct to consumers over the Internet (i.e., without an in-house visit, inspection, sizing and installation by a licensed, qualified, trained HVAC professional), including by means of a distributor’s own website, a dealer website, a third party website, an auction website, or otherwise. Dust Free DOES NOT authorize or warranty any Internet-based sale of Dust Free products direct to consumers, and the sale of Dust Free products directly to consumers over the Internet is strictly prohibited. This policy is necessitated by the complexities associated with proper product specification selection requirements, professional installation and proper placement & handling techniques of Dust Free’s equipment in relation to the HVAC equipment and the wide range of variables and safety concerns that directly impact the actual and perceived performance of products.
2) Dust Free recognizes and supports the “traditional” business model for the sale of its products to consumers. Such sales are properly made directly through a personal home or office inspection and onsite evaluation of the application by an authorized, trained and licensed HVAC contractor. Dust Free will generate online sales leads and consumer inquiries from Dust Free’s own websites and online activities including an online Dealer Locator. Additional leads obtained via other marketing avenues such as tradeshows, trade journal articles and advertisements, will be distributed to distributors/dealers, or contractors as appropriate, for follow-up via our traditional business model.
3) ALL Dust Free PUBLISHED WARRANTIES ARE VOID FOR ANY PRODUCT PURCHASED DIRECTLY BY A CONSUMER OVER THE INTERNET BY MEANS OF AN AUTHORIZED DISTRIBUTOR’S/DEALER’S, OR CONTRACTOR’S OWN WEBSITE, A THIRD PARTY WEBSITE, AN ONLINE AUCTION OR RESALE WEBSITE, OR ANY OTHER WEB LISTING, IF SUCH PURCHASE IS MADE WITHOUT AN IN-HOME VISIT AND INSPECTION AND INSTALLATION BY A TRAINED, QUALIFIED AND LICENSED (IN APPLICABLE JURISDICTIONS) HVAC PROFESSIONAL AFFILIATED WITH THE SELLER.
4) If authorized Dust Free distributors and/or dealers and/or contractors want to provide a link from its website to Dust Free’s website, they may use a textual URL.
TRADEMARK ONLINE USAGE
The use by Dust Free’s authorized Distributors, Dealers and/or Contractors of Dust Free’s Trademarks must be in compliance with the Trademark Guidelines set forth in Exhibit A TRADEMARK ONLINE USAGE GUIDELINES AND Use Guidelines for Advertising and Promotional Materials.
COPYRIGHT ONLINE USAGE
The use by Dust Free’s authorized Distributors, Dealers and/or Contractors of Dust Free’s Copyrights must be in compliance with the Copyright Guidelines set forth in Exhibit B COPYRIGHT ONLINE USAGE GUIDELINES and Use Guidelines for Advertising and Promotional Materials.
The guidelines set forth in this policy statement, including the two exhibits, apply to Dust Free’s authorized distributors/dealers any party acting through or on behalf of such distributors/dealers, including contractors. Dust Free reserves the right to object to any Internet activities involving its products and intellectual property, even if such activities are not expressly prohibited by these guidelines, and reserves the right to take all action necessary to ensure strict compliance with its guidelines. Further, these guidelines may be amended, restated, or supplemented at any time and in Dust Free’s sole discretion.
EXHIBIT A – TRADEMARK ONLINE USAGE GUIDELINES
1) Express written permission need not be obtained from Dust Free for use of its trademarks (except for logos, slogans and taglines) to identify Dust Free’s products, services and programs on authorized distributor and/or dealer or contractor websites, provided such use complies with ALL of the following requirements:
a) There is nothing in the use of Dust Free’s trademarks that would lead consumers to believe that there is an association with or endorsement by Dust Free that does not exist, and the trademarks are used only to refer to Dust products that are the subject of the display or advertisement on the distributor’s/dealer’s website;
b) Proper marking and attribution are used for all of Dust Free’s trademarks;
c) A conspicuous disclaimer is used concerning the distributor’s/dealer’s relationship with Dust Free i.e., “RECOGNIZED AND AUTHORIZED DISTRIBUTOR OF Dust Free”;
d) Dust Free’s trademarks do not appear larger or more prominent than the remainder of the display on the website, i.e., the authorized distributor/dealer/contractor name and/or logo, product or service name and its graphics should be significantly larger than the reference to any of Dust Free’s trademarks;
e) The authorized distributor’s/dealer’s/contractor’s use is not obscene or pornographic and not disparaging, defamatory or libelous to Dust Free, any of its products or any other person or entity.
2) When using Dust Free’s trademarks for the first time on a web page or site, Dust Free’s trademark should always be followed by the symbol ® (for a registered trademark) or the symbol ™ (for an unregistered trademark). Authorized distributors/dealers/contractors should confirm with Dust Free’s marketing department as to the status of the registered trademarks and always make sure to spell and capitalize Dust Free’s trademarks and never abbreviate any of Dust Free’s trademarks on its website.
3) An attribution statement should appear on each web page of the authorized distributor’s/dealer’s website when any of Dust Free’s trademarks are used. The following is an example:
The Dust Free® trademark, MicroPure® trademark logo, Bio-Fighter® trademark and Allergy Gold ® Logo and other Dust Free logos and product and service names are trademarks or registered trademarks of Dust Free, LP in the United States and/or other countries.
4) Dust Free’s logos or trademarks in stylized form may be used only if a company is a recognized and authorized distributor/dealer or contractor of Dust Free’s product line and its use complies with its terms and conditions of this policy. Under no circumstances may a distributor/dealer or contractor modify, distort or add to Dust Free’s logos or stylized trademarks.
5) If a company is not a recognized- authorized distributor/dealer of the MicroPure product line and/or is not in good standing, it may not use the trademarks in word or logo form to claim or imply standing as such.
6) It is inappropriate at any time to: (i) register a domain name incorporating any of Dust Free’s trademarks; (ii) purchase any of Dust Free’s trademarks as keywords with Internet search engines; or (iii) incorporate any of Dust Free’s trademarks as metatags in the coding of a company’s website.
EXHIBIT B – COPYRIGHT ONLINE USAGE GUIDLELINES
1) Dust Free makes available on its website located at http://www.dustfree.com and its related sites, product information and photographs, renderings, documents, advertising copy, articles, website content and layout, images, files, videos, webinars, text and graphics (collectively “Copyrighted Materials”) for authorized distributors’/dealers’ and contractors’ use, subject to certain terms and conditions. Except as expressly authorized by Dust Free it is not appropriate to use any of these Copyrighted Materials in connection with any Internet website, advertising, or other promotional activity or create derivative works based on the Dust Free websites or their Materials or their selection and arrangement. Further, an authorized distributor/dealer/contractor may not use any data mining, robots or similar data gathering and extraction methods in connection with any of the Dust Free websites.
2) Except as indicated to the contrary in these guidelines or on the Dust Free websites, an authorized distributor/dealer or contractor may link to, view, download and print the Materials available on Dust Free websites subject to the following conditions:
a) An authorized distributor/dealer/contractor may not remove or modify any copyright or other proprietary notices contained in the Copyrighted Materials;
b) The Copyrighted Materials may not be modified or altered in any way;
c) The Copyrighted Materials may not be sold, rented, leased or licensed to others; and
d) Dust Free reserves the right to revoke the authorization to view, download and print the Copyrighted Materials available on the Dust Free websites at any time and any such use shall be discontinued immediately upon notice from Dust Free.
3) Dust Free product shots are complete images of Dust Free’s products. If your company is a recognized/authorized distributor/dealer/contractor, it may use product shots, without Dust Free’s written permission, in advertising, on documentation or on its website, provided it adheres to ALL of the following guidelines:
a) An authorized distributor/dealer/contractor must include the following copyright attribution statement: “Dust Free product shot(s) reprinted with permission from Dust Free, LP”
b) An authorized distributor/dealer/contractor may not alter the product shot in any way except to resize the entire product shot, i.e., its use must contain the entire product shot and any images contained within the product shot cannot be used independently of the entire product shot;
c) The product shot is not the most prominent visual element on the material where the product shot is displayed, i.e., the authorized distributor/dealer/contractor name and logo, its product and/or its graphics should be significantly larger than the product shot;
d) An authorized distributor/dealer/contractor may not use a product shot as a link to its website or to a third party online auction or sales website;
e) An authorized distributor/dealer/contractor may not use a product shot in a comparative advertisement; and
f) An authorized distributor’s/dealer’s/contractor’s use may not be obscene or pornographic, and may not be disparaging, defamatory or libelous to Dust Free or any of its products or any other person or entity.