MAP Policy

BLACKBIRD PRODUCTS GROUP MINIMUM ADVERTISED PRICE POLICY

 

Adoption and Enforcement of MAP Policy

Blackbird Products Group has unilaterally determined that its business interests are best served through the adoption and enforcement of a Minimum Advertised Price (“MAP”) policy for its products. Blackbird Products Group designs, manufactures, and markets products primarily under the Mammoth (Mammoth Coolers) premium brand, which identifies those products to the consuming public as having characteristics of excellence and superior quality.

 

Blackbird Products Group has invested significant resources in product innovation, intellectual property protection, development, and marketing to build and maintain its reputation for high quality products and to generate goodwill in all the Blackbird Products Group brands. This MAP policy is designed to: (1) help ensure Blackbird Products Group product quality, reliability, and safety; (2) support Blackbird Products Group brands as premium product offerings; and (3) support Blackbird Products Group distribution channels.

 

Blackbird Products Group has unilaterally developed and adopted this MAP policy, and Blackbird Products Group will unilaterally enforce its policy. The business relationship between Blackbird Products Group and each of its customers remains an “at will” business relationship. Blackbird Products Group reserves the right to terminate such business relationships without cause and at any time.

 

Effective Date

This MAP policy is effective October 1, 2017 and supersedes all prior Blackbird Products Group MAP policies.

 

Intellectual Property Rights

Blackbird Products Group is the sole owner of all intellectual property rights associated with its products, including but not limited to all patents, copyrights, trademarks, trade names, brands, logos, images, descriptions, and likenesses of its products (“Intellectual Property”). No alterations to Blackbird Products Group products or its Intellectual Property will be allowed without prior written consent from Blackbird Products Group.

 

This MAP policy does not grant any rights to Intellectual Property to any person or entity, and Blackbird Products Group reserves the right to revoke Intellectual Property use privileges at any time for any reason without prior notification or warning.

 

MAP Policy Coverage

This MAP policy applies to all Blackbird Products Group products and to all customers purchasing Blackbird Products Group products for resale, whether directly from Blackbird Products Group or from a third party that is a direct purchaser from Blackbird Products Group in the United States. MAP applies only to advertised net minimum prices (net of all discounts of any kind) and does not apply to the price at which Blackbird Products Group products are actually sold, or to advertised prices higher than the minimum advertised resale prices established unilaterally by Blackbird Products Group herein and thereafter. This MAP policy applies to the advertisement of all Blackbird Products Group products in all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio, and public signage. This MAP policy also applies to all Blackbird Products Group products sold via any website, including but not limited to an original company website and/or any and all affiliate websites where customers advertise Blackbird Products Group products for sale electronically.

 

 

 

Minimum Advertised Prices

Blackbird Products Group Minimum Advertised Price is available at:

 

https://mammothcooler.com/map-policy

 

The products and MAP pricing may be changed from time to time only by Blackbird Products Group in its sole discretion. Direct and indirect Blackbird Products Group customers are responsible for remaining current with Blackbird Products Group MAP policy, products, and pricing.

 

MAP Policy Compliance

Compliance with Blackbird Products Group MAP policy shall be determined by Blackbird Products Group in its sole discretion. Blackbird Products Group will not discuss any conditions of acceptance related to this

MAP policy, as it is non-negotiable, and will not be altered for any customer. Blackbird Products Group may request proof of authorized dealer advertised pricing to determine compliance with this MAP policy.

 

Blackbird Products Group neither solicits, nor will it accept, any assurance of compliance with this MAP policy. Blackbird Products Group will not accept any communication from any customer who has chosen not to comply with this MAP policy regarding the customer’s willingness to bring its advertised prices into compliance with the MAP policy.

 

While direct and indirect purchasers of Blackbird Products Group products are free to set their own advertised prices, Blackbird Products Group has unilaterally determined that it will not do business with any purchaser of Blackbird Products Group products who is not in compliance with this MAP policy. In the event a purchaser of Blackbird Products Group products,or its reselling customer chooses not to follow this MAP policy, Blackbird Products Group has the unilateral right to suspend or terminate, and thereby cease doing business with, that customer without notice. Purchasers of Blackbird Products Group products should not discuss MAP policy compliance or non-compliance with other purchasers.

 

MAP Policy Modifications

Blackbird Products Group reserves the unilateral right at any time to modify, suspend, or discontinue the

MAP policy 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. MAP policy modifications shall be made available on the Blackbird Products Group website, from time to time.

 

Unilateral Action

All terms and condition of this MAP policy, and any amendments thereto, have been and will be determined solely by Blackbird Products Group. Blackbird Products Group will not enter into any discussions with any purchaser of Blackbird Products Group products concerning any conditions of acceptance related to this MAP policy, as it is non-negotiable, and will not be altered for any purchaser of Blackbird Products Group products. Blackbird Products Group neither solicits, nor will it accept, any assurance of compliance with this MAP policy from any purchaser of Blackbird Products Group products. It is entirely within the discretion of the purchaser of Blackbird Products Group products whether to comply or not comply with this MAP Policy.

 

Contact Information

Blackbird Products Group sales personnel have no authority to modify or grant exceptions to this MAP policy or to communicate with any purchaser of Blackbird Products Group products regarding the terms of the MAP policy.