Map Policy Overview
Minimum Advertised Price Policy
Effective: January 1st 2023
BOB The Cooler Co LLC. (“BOB”) is an industry leader in the development, manufacture and sale of premium products, including coolers, drinkware, and accessories (“Products”) with a strong reputation and following among consumers. Key to our success is our unparalleled commitment to building close and enduring relationships with our high quality sales & distribution network of retailers who provide consistent, high-quality customer service and represent our brand image appropriately.
To ensure the legacy of BOB and to protect the reputation of Bob The cooler Co. LLC, brand image, goodwill, standards, marks, and products, BOB will not support advertising or promotion of its products that may adversely affect its goodwill, or diminish, detract and/or damage the value of BOB products and standards. Effective immediately, BOB has established this minimum advertised price (“MAP”) policy for its Products, applicable to all authorized BOB retailers in the U.S. BOB will not provide any benefits to any retailer that does not comply with this MAP policy. The MAP policy is designed to help retailers maintain the long term strength of the BOB brand by ensuring they have the incentive to invest resources into services for customers of BOB Products and provide them with the framework for supporting BOB premium products and to maximize brand sales opportunities by maintaining and enhancing the BOB brand image with consumers at all times while allowing our retailers to profitably market and effectively promote BOB Products to customers.
- No BOB retailer shall advertise or offer any price for any BOB Products below the Manufacturer’s Suggested Retail Price (“MSRP”). The MSRP will be unilaterally established, updated and provided by BOB to retailers from time-to-time and will reflect any authorized discount(s) or off-price products. MAP pricing is established by BOB and may be adjusted at any time by BOB in its sole discretion upon written notice. If a Product is not listed on the most current price sheet or sales sheet with specific “Sale” pricing it is not subject to MAP. For avoidance of doubt, all BOB retailers remain free to set prices independently and to independently determine whether to abide by or disregard the MSRP and this MAP policy.
- The MAP policy applies to all advertisements of Products in any and all media, including, without limitation, in-store, flyers, posters, coupons, direct mailers, brochures, inserts, newspapers, magazines, catalogs, mail-order catalogs, public signage, other print media, television, radio, email, Internet websites, e-commerce, any method which uses the hypertext transfer protocol (http) or any internal link to a web-based shopping cart, and other electronic media that communicates to the public.
- BOB MAP Products may only be advertised as standalone products and may not include promotional allowances. The inclusion in advertising of free or discounted products, coupons, cash rebates, BOGO (buy one, get one), free premiums, reward programs, or bundled promotions (whether with BOB or another manufacturer) with a product covered by the MAP policy, is contrary to the policy if it has the effect of discounting the advertised price of the Product below the MAP. Free shipping and/or handling or free financing promotions do not violate the MAP policy. Promotions that provide a free gift with purchase are not a violation of this MAP policy provided the gift is not BOB branded Product. Promotions commonly referred to as “Friends and Family Sales Promotions” are not a violation of this MAP policy provided that these promotions (a) occur no more frequently than twice per calendar year and for periods no longer than one week at a time, (b) are offered only to a limited group of prior loyal customers and family members of the retailer, (c) are not advertised through digital means, and (d) require original non-transferrable invitations. The MAP policy does not apply once an item is placed in a customer’s “virtual shopping cart” on an Internet website. However, “click for price,” “call for price,” “Click here for lower price,” “See price in cart,” “Log-in for price,” “Add to cart for lower price,” “Check cart for lower price,” Mouse over for price,” “Email for (better) price,” or the like, on a website that displays a price lower than MAP is a violation of this policy. The BOB MAP policy does not in any way limit the ability of any retailer to advertise that “they have the lowest prices” or use other phrases of similar meaning. Prices may be omitted from advertisements.
- From time to time, BOB may engage in promotions with respect to certain Products. In such events, BOB reserves the right to modify or suspend the MAP with respect to the affected Products upon notice of such change. BOB further reserves the right to unilaterally suspend, amend, or adjust the MAP at any time with respect to all or certain Products in its sole discretion upon providing written notice. BOB’s primary, non-exclusive method of communication will be via its price sheets for retailers. Any changes to MAP will apply equally to all retailers.
- BOB may monitor advertised pricing of MAP Products. If a retailer advertises Product in a manner inconsistent with MAP, to prevent any damage to brand integrity, BOB may unilaterally and without further warning, discontinue its business relationship with such retailer. While BOB reserves the right to immediately terminate any retailer for any violation of the MAP policy, BOB understands that there may be instances where a violation is inadvertent. As such, BOB will typically provide notice of a retailer’s first failure to abide by this Policy, though it is not required to do so. Within 48 hours of receiving any such notice, BOB expects that the violation will be cured and that there will be no further violations of the MAP policy. By providing such notification, BOB does not seek or invite, and shall not accept, any retailer’s agreement to raise its resale prices, cure the violation, or otherwise continue to abide by this policy. If a violation is not cured within 48 hours, BOB may elect to do any of the following, all in its sole discretion: (a) cancel some or all pending orders for Products; (b) limit availability of certain Products to the retailer in the future; (c) cancel any Vendor Supplied Marketing (VSM) funds or pre-season discounts to which retailer is otherwise eligible; (d) alter any payment terms; (e) suspend a retailer for period of time; or (f) terminate the relationship with the retailer. BOB reserves the right to inspect all books, records, and other documents of its retailers relating to any BOB product or transaction to determine compliance with this Policy. BOB does not undertake any obligation to enforce this policy as against any other retailer. BOB’s determination concerning whether there has been a violation of this Policy shall be final and binding.
- This policy does not confer any direct or indirect rights on any retailer, as a third-party beneficiary or otherwise. Retailers are expressly prohibited under this policy from discussing the resale prices of any other retailer with any BOB employee or representative, and BOB will not respond to complaints regarding the actions of a third party regarding this policy.
- This MAP policy is not a contract or agreement, and BOB does not seek nor will it solicit or accept any retailer’s agreement with our policy, nor will BOB discuss pricing of any retailer. BOB sales personnel have no authority to modify or grant exceptions or otherwise discuss any Retailer’s actual or alleged violation of this policy. This MAP policy is a unilateral policy upon which BOB is willing to market Products. BOB does not intend to nor shall it coerce any Retailer to comply with this Policy or otherwise raise prices for any BOB product. If any Retailer believes that it is being subject to any such coercion, it must notify BOB in writing immediately. If any employee or representative engages in such discussion, the Retailer shall notify BOB in writing immediately. Failure to provide any written notification required by this paragraph within 30 days of such incident shall constitute a waiver of any claim the Retailer may have under state or federal law concerning such activity.
- All matters of interpretation and application of the terms of this policy shall remain within the sole discretion of BOB. BOB reserves the right to modify this policy at any time without notice.
Agreement Term and Termination
This agreement is effective upon the retailer’s official registration and acceptance by Bob The Cooler Co. LLC and remains in effect until terminated by either party with 30 days’ written notice. Bob The Cooler Co. LLC reserves the right to terminate the agreement immediately for any breach of policies.
Conclusion
Our partnership with powersports dealerships and retailers is integral to our mission. By adhering to these policies, we can collectively offer unparalleled products and services to our customers. Thank you for your commitment to excellence and your interest in Bob The Cooler Co. LLC products.
Thank you for choosing Bob The Cooler Co. LLC. We value our partnership and are committed to ensuring a seamless return and refund process for your dealership.
For more information or to discuss any of these policies further, please contact our Retailer Support Team.
Email: support@bobscool.com
Phone: (480) 420-7470
This document is subject to change and may be updated periodically by Bob The Cooler Co. LLC.