Introduction
Anker Innovations Limited (“Anker”) is a global leader in smart charging technologies and a developer of consumer products for the home, car and more. Founded in 2011 by Steven Yang, Anker quickly established itself as an innovator and market leader in intelligent charging solutions. Today, Anker is bringing this same spirit of innovation to several exciting spaces including automotive, audio, entertainment, and smart home; this is being led by Anker’s five key brands: ANKER, EUFY, NEBULA, ROAV, SOUNDCORE (“Brands.”)
Anker has invested substantial resources developing the competitiveness of its Brands and, in particular, establishing its products in the United States market as quality premium products with reliable consumer features and benefits. In addition, Anker recognizes that its success is tied to the success of its network of authorized resellers and that the resellers invest significant time and resources to deliver excellent customer experience.
To support its marketing plan, to protect its resellers’ ability to continue to offer quality customer experience while maintaining healthy margins, and to discourage price-based advertising that would negatively affect the resellers’ service and support efforts, Anker acting in its independent and unilateral business judgement established this Minimum Advertised Price Policy (“MAP Policy” or “Policy”).
As used in this MAP Policy, “reseller” means any reseller, distributor, sales representative or dealer.
Policy Statement
Anker, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower than the MAP.
Applicability
The MAP Policy applies to reseller in the United States.
The MAP Policy applies to all direct resellers of Anker as well as any indirect or “downstream” resellers and/or purchaser. At Anker’s sole discretion and determination, Anker’s direct resellers may be responsible for a violation of this Policy from their sub-resellers and affiliated companies (individually and collectively “Third Parties”). A violation of this Policy by any Third Party may be deemed a violation by Anker’s direct reseller and will subject the reseller to the recourse schedule set forth in Section 7.
This Policy applies to distribution, including but not limited to wholesale and retail sales and offers to sell (e.g. advertising).
This Policy also applies to distribution as part of a dealer employee purchase program or similar program between reseller and Anker. “Distribution” includes but is not limited to, catalog sales, Internet and Internet related electronic media such as email newsletters, email solicitations, e-coupon offers, smartphone and smart devices (e.g. tablets) “Apps”, retailer websites, third party web sites and media.
General Guidelines
The MAP Policy applies to all Anker Brands products sold by Anker or its subsidiaries or affiliates from time to time for which Anker shares the MAP list with its resellers. Anker may in its sole discretion modify this list from time to time.
Anker recognizes that resellers are free to make their own decisions to advertise and sell any Anker product at any price they choose without consulting or advising Anker. Similarly, Anker will exercise its rights to make its own business decisions regarding its resellers program, marketing materials, marketing displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
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.
Advertising Guidelines
Advertising Price
The MAP Policy applies to all advertisements of Anker products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as internet sites, social media sites, apps, emails, or any other electronic media.
The MAP Policy does not apply to solely on-premise or in-store advertising that is not distributed to customer. However, any statements or implications in any advertising covered by this Policy which could indicate that a lower price may be found in-store, in the on-line shopping cart or at the Checkout Stage of a retailer’s website is a violation of this Policy.
Examples of violations include, but are not limited to, the following:
Price lower in-store
Click here for lower / better price
Call for lower price
Add to cart and sign in for lower price
All advertising for MAP products shall clearly state a price equal to or greater than the MAP price.
Netting of applicable discounts such as factory instant rebates or global promotions is not a violation under the MAP Policy.
Anker specified Model numbers must be shown when advertising prices or discount for Anker product
Retailer may strike-through a price which is above or equal to the Anker’s Suggested Selling Price (“MSRP”); any strike-through or other alternation of the MAP is a violation of the MAP Policy.
The MAP Policy also applies to any activity which Anker, in its sole discretion, determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy.
At times and at its discretion, Anker may run temporary sales (such as brand promotion or sales of discontinued product) which would temporarily permit resellers to advertise MAP products at prices lower than the MAP price; in such case, the MAP will be the same as the temporary sale price on those particular products for that particular time period.
Bundle Price
Price that combines Anker product and reseller’s service: If the value of the service is not stated within the advertising, the advertising must show the MAP price for the Anker product. If the cost of the Services is stated within the advertising, the MAP price for the Anker products which takes into consideration (i.e. adds in) the cost of the promotions. In other words, the minimum advertised price for such non-price promotion must be the MAP price for the Anker product plus the cost of the non-price promotion. Resellers may not show any “netted price” for such promotions.
Storewide or category events that involve all brands in any category may reference a “percent” off”, cash equivalent premium or other value offer provided that discounts are applied consistently to all eligible products. Discounts based on storewide or category events cannot be combined with other Anker-offered discounts or “value add(s).”
Price that combines Anker product with another product (from Anker or others): If a reseller wishes to bundle an Anker product subject to this Policy with another Anker product not subject to this Policy or with a third party product (collectively the “Other Product”), the minimum advertised price for such promotions must be the MAP price for all Anker product subject to this policy plus the fair market value of such Other Product. Anker in its sole discretion will determine the fair market value of such Other Product.
Anker may issue factory rebate programs. Any advertisement for factory rebate must include the rebate amount and wording “factory rebate” or “Mail-In Rebate.”
Unilateral Policy
Resellers are free to decide whether to follow this MAP Policy. This MAP Policy does not constitute an agreement between Reseller and Anker, and Anker will not ask for or accept any assurance of compliance or other agreement.
Although Reseller remain free to resell Anker products at the price of Reseller’s choosing, as of the effective date of this MAP Policy, Anker reserves the right to discontinue doing business with any reseller that advertises MAP Products at a price lower than the MAP. Anker may cancel all orders and indefinitely terminate any supply relationship with a reseller that Anker determines has violated this MAP Policy. This MAP Policy is nonnegotiable. Anker will not invite or accept any unput into how the Policy will be administered or maintained.
Policy Enforcement and Recourse
If a reseller with multiple store locations or sells on varies online websites/platforms violates this MAP Policy at any one store location or online websites/platforms, then Anker will consider this to be a violation by the reseller.
Anker reserves the right to cancel any pending orders, restrict future orders, or suspends reseller’s account if Anker reasonably believes a reseller has violated this MAP Policy or a reseller intends to violate this MAP Policy.
Anker’s MAP Policy Administrator is solely responsible for determining whether a violation of the MPA Policy has occurred, as well as determining appropriate sanctions.
Waivers to this MAP policy may be granted in Anker’s sole discretion by the MAP Policy Administrator in writing. Anker Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP policy Administrator authorizes a waiver to the MAP policy, resellers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.
Anker may review the advertised prices of resellers, either directly or via the use of third-party agencies or tools. Resellers are expected to provide reasonable cooperation in any Anker investigations regarding possible MAP policy violations. Any actual or attempted hindering, obstructing, delaying, or otherwise failing to cooperate with an Anker MAP policy investigation is a violation of this MAP policy.
The MAP Policy will be enforced by Anker in its sole discretion and without notice. Resellers, distributors, and/or dealers have no right to enforce the MAP policy.
Violations of this policy may result in any of the aforementioned sanctions up to and including termination of the parties’ business relationship, as well as any available remedies at law. All questions related to this MAP policy should be directed in email to mappolicy@anker.com.
