GENERAL MOTORS U.S. RETAIL MINIMUM ADVERTISED PRICE (MAP) POLICY FOR CHEVROLET PERFORMANCE PARTS
Chevrolet Performance Parts products are designed, validated and approved by engineers so customers are assured they’ll fit and perform as expected. Chevrolet Performance Parts puts substantial resources into developing and marketing its products, and Chevrolet Performance Parts appreciates and supports its network of qualified distributors and wants to continue to work through distributors who market Chevrolet Performance Parts products based on product qualities and provide excellent customer service. Resellers who promote discounted pricing of Chevrolet Performance Parts affect the perceived value of the product. In an effort to preserve the integrity of the brand and the reputation for providing customers with high value products and strong after-sales support, and to further enhance Chevrolet Performance Parts’ image and competitiveness in the marketplace, General Motors is unilaterally establishing a Minimum Advertised Pricing Policy to support our Dealers and Resellers.
Chevrolet Performance Parts Minimum Advertised Price (MAP) Introduction
This policy establishes advertised price standards for Chevrolet Performance Parts products (refer to the policy for a complete list of part numbers covered by the MAP Policy). Advertising of Chevrolet Performance Parts to the general public must comply with the Minimum Advertised Price policy in order to be eligible for Promotional Funds, use of Chevrolet Performance Parts logos and possibly distribution of the product.
MAP applies only to minimum advertised prices to the consumer and does not apply to the price at which the products are actually sold. This MAP Policy does not establish maximum advertised prices. All dealers, distributors, and resellers may offer Chevrolet Performance Parts products in any price in excess of the MAP established for such product. Each reseller is free to set its actual resale price for any product independently. GM and its employees have no authority to define what resale prices must be or to otherwise interfere with the establishment of resale prices.
This MAP Policy covers all Chevrolet Performance Parts dealers, distributors, and resellers located in the United States of America. Although resellers remain free to establish their own resale prices, Chevrolet Performance Parts will, without assuming any liability, unilaterally impose sanctions as described in this policy against resellers who advertise the covered products at prices below those specified herein. Chevrolet Performance Parts will not discuss any conditions of acceptance related to this MAP Policy, as it is non-negotiable and will not be altered for any reseller. Chevrolet Performance Parts neither solicits, nor will it accept, any assurance of compliance with this MAP Policy.
This policy applies to all forms of consumer advertising including mailings, facsimiles, catalogs, displays at consumer exhibitions and shows, radio, television, and any and all other forms of advertising media, including, without limitation, the Internet and any other electronic network. Any price information relating to Chevrolet Performance Parts products on an Internet website that can be accessed directly through any hypertext link or by any other method that uses the hypertext protocol (http) is considered to be advertising for purposes of this policy. Distributors are responsible for ensuring that their pricing is at or above the MAP Price on internet search engines.
This policy does not apply to business-to-business advertising.
The current listing of products and applicable MAP prices are published at the corresponding brand’s websites: www.Chevrolet.com/Performance and http://ChevroletPerformance.ChannelSync.com. Products and MAP may be changed at any time at Chevrolet Performance Parts’ sole discretion. Chevrolet Performance Parts price changes generally occur on an annual basis, but GM reserves the right to change pricing. When applicable, price changes will be effective the 1st of the month. Resellers will have 15 days to update pricing on digital platforms and 90 days to update print materials. Resellers are responsible for remaining current with MAP Policy and Chevrolet Performance Parts. Each consumer advertisement of Chevrolet Performance Parts (found on the websites) priced below the MAP will be a violation of the policy.
The MAP Policy applies to all consumer advertisements of Chevrolet Performance Parts without limitation:
- Print advertising such as posters, newspapers, magazines, print inserts, Yellow Pages, and other directories. The MAP Policy is not applicable to any in-store advertising.
- Broadcast advertising such as radio and TV.
- Direct advertising such as catalogs, flyers, coupons, newsletters, direct mail pieces, and broadcast faxes, whether mailed, hand delivered, or shipped in-box with product. Electronic mail advertising under MAP price. Any web pages that link from the electronic mail are considered part of the e-mail advertisement.
- Internet advertising such as banner and pop-up ads.
- Any web site accessible to the public including retailers, club membership sites, shopping sites, auction sites, forums etc.
- Any level of a web site including the shopping cart is considered “advertising” under this MAP Policy. Website features as “click for price”, “add to cart for price”, “call for price”, “chat for price”, or “email for price”, pre-formatted e-mail responses, and other similar features are considered to be communications initiated by the reseller (rather than by its customer) and constitute “advertising” under this MAP Policy.
- It shall not be a violation of this MAP Policy to advertise that a customer may “call for information”, “email for information”, or “chat for information”, or to use similar language. Actual prices charged or offered to consumers may be provided in direct response to such requests by telephone, email, or chat message. Such communications, which are responses to communications initiated by the customers (rather than the reseller), shall not be considered “advertising” under this MAP Policy.
- It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.
- Bundling and Value-Added Offers: All bundles must be advertised at or above the cumulative MAP Policy price of the Chevrolet Performance Part. If a Chevrolet Performance Part is bundled with a non-Chevrolet Performance Parts product, the advertised bundle price must be at or above the MAP Policy price of the Chevrolet Performance Part plus the price of the non-Chevrolet Performance Parts product, if sold separately.
- Gift Cards and Rewards Programs: Gift cards and rewards program points can be offered to consumers who buy Chevrolet Performance Parts, as long as the gift cards or rewards points are offered on all performance parts (Chevrolet Performance Parts and non-Chevrolet Performance Parts) sold by that Dealer or Reseller. The gift card or rewards points cannot be applied on the initial purchase transaction, it must be applied to a future consumer purchase.
- Free Shipping: Free shipping can be offered to consumers who buy Chevrolet Performance Parts, as long as free shipping is offered on all performance parts (Chevrolet Performance Parts and non-Chevrolet Performance Parts) sold by that Dealer or Reseller.
- Discounts and Savings “Call-Outs”: Advertisements for Chevrolet Performance Parts may include category, percentage or specific dollar amount discounts. If such discounts result in a net price lower than the MAP Policy price of a Chevrolet Performance Part, then such advertisement will be a MAP violation unless the category discount applies proportionally to similar products or suppliers.
Chevrolet Performance Parts will enforce this policy through its own staff and outside consultants and agents. This MAP Policy will be uniformly enforced. Chevrolet Performance Parts will unilaterally make all determinations relating to a violation of the MAP Policy in its sole satisfaction. All violations are subject to GM review and approval. There will be no negotiations or appeals. There are no exceptions to the policy. Dealers, distributors, and resellers have no right to enforce the MAP Policy. A distributor is responsible for its advertising, and Chevrolet Performance Parts does not have the resources to determine whether a violation is intentional or accidental.
- A written warning of the violation(s) will be given by our MAP monitoring team. The reseller will have two business days to comply before it is considered a second infraction.
- Dealer: Forfeiture of all Promotional Funds for six months (for all sales Promotional Funds due during the six month period beginning with the month of infraction) and the use of Chevrolet Performance Parts’ imagery and all Intellectual Property. The Dealer will have two business days to comply before it is considered a third infraction.
- Authorized Reseller: Chevrolet Performance Parts’ Resellers who are provided Promotional Funds are subject to forfeiture of all Promotional Funds for six months (for all sales Promotional Funds due during the six month period beginning with the month of infraction) and the use of Chevrolet Performance Parts’ imagery and all Intellectual Property. The reseller will have two business days to comply before it is considered a third infraction.
- Wholesale Dealer: Elimination from the Wholesale Dealer program and program benefits for two years from the third violation date (if violated by the Dealer).
- Authorized Reseller: Suspension of product shipment (from Dealer to Reseller) and Reseller placed on “Do Not Sell List” for two years from the third violation date.
- If a Wholesale Dealer is caught selling to a Reseller on the “Do Not Sell List”, the Wholesale Dealer will be removed from the Wholesale program.
- If a Retail Dealer is caught selling to a Reseller on the “Do Not Sell List”, the Retail Dealer will be subject to suspension of Chevrolet Performance Parts product shipment (from GM CCA to Retail Dealer) for two years from the date of the violation.
Chevrolet Performance Parts reserves the right to run national promotions of their products. Chevrolet Performance Parts encourages resellers to utilize the national promotions to their advantage while providing a high level of customer service to the end user. If the retail promotions reduce the consumer price below the MAP policy, the Dealer or Reseller must continue to advertise at the MAP price. (e.g: if an LS3 Connect and Cruise has a consumer rebate of $500, Dealer or Reseller must comply with the MAP pricing for the parts within the Connect and Cruise package but can reference the consumer rebate separately).
This MAP Policy does not constitute an agreement between General Motors and any dealer, distributor, or reseller. Compliance with this MAP Policy does not evidence any kind of agreement between the reseller and General Motors.
Chevrolet Performance Parts reserves the right at its sole discretion to modify, suspend, or discontinue the MAP Policy in writing at any time in whole or in part or designate promotional periods during which the terms of the policy change or designate periods of time during which the policy is not applicable.
Chevrolet Performance Parts alone is responsible for enforcing this Policy and will do so unilaterally. Chevrolet Performance Parts designated MAP Policy Manager (see below) is the only person authorized by Chevrolet Performance Parts to communicate MAP Policy updates, changes, or decisions. No other Chevrolet Performance Parts’ representative or agent is authorized to confirm compliance with, discuss, or amend this Policy. Chevrolet Performance Parts will not communicate with any reseller regarding another reseller’s advertising practices. Chevrolet Performance Parts has the right to change prices, change this policy, and add or remove Covered products at any time. CHEVROLET PERFORMANCE PARTS SALES PERSONNEL HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY OR HAVE ANY COMMUNICATIONS WITH ANY RESELLER REGARDING VIOLATIONS OF THIS MAP POLICY.
The policy administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to resellers.
This policy is unilaterally effective September 30, 2016.