Milestone Systems, Inc. has determined that its interests are best served through the adoption of a minimum advertised price (“MAP”) policy. This MAP policy is designed to (1) protect reseller margins so that desirable pre-sales and post-sales services and infrastructure can be provided by our channel partners (2) support the Milestone Systems, Inc. brand as a premium offering; and (3) avoid destructive intra-brand channel conflict.
This policy has been unilaterally adopted by Milestone Systems, Inc. and will be uniformly enforced.
This MAP policy applies to all Milestone Channel Partners and any and all other resellers of Milestone Systems, Inc. products in the United States of America. Although resellers remain free to establish their own resale prices, Milestone Systems, Inc. will, without assuming any liability, unilaterally impose sanctions as described in this policy against resellers who advertise applicable Milestone Systems, Inc. products at prices below those specified herein. Milestone Systems, Inc. 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. Milestone Systems, Inc. neither solicits, nor will it accept, any assurance of compliance with this MAP policy. Nothing in this MAP policy or in any other contract or agreement with Milestone Systems, Inc. shall constitute an agreement between Milestone Systems, Inc. and reseller that the reseller will comply with this MAP policy.
MAP applies only to minimum advertised prices and does not apply to the price at which the products are actually sold, or to advertised prices higher than the unilateral minimum resale prices established by Milestone Systems, Inc. from time to time.
Minimum Advertised Price
MAP prices shall mean the Milestone Systems, Inc. suggested retail price (MSRP) of products as listed in the Milestone Systems, Inc. XProtect Product Family Price List which is published quarterly. The Price List is available to Milestone Channel Partners via the “My Milestone” partner site at www.milestonesys.com. The products and MAP may be changed from time to time at Milestone Systems, Inc.’s sole discretion. Milestone Systems, Inc. resellers are responsible for remaining current with MAP policy, products and pricing.
Milestone Systems, Inc. products not specifically identified in this policy are not subject to the MAP policy. Each advertisement below the MAP will be a violation of the policy.
The MAP policy applies to all advertisements of specific Milestone Systems, Inc. products in and all media including, without limitation, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and public signage.
In the event a reseller chooses not to follow the Milestone Systems, Inc. MAP policy, sanctions will be unilaterally imposed by Milestone Systems, Inc..
Violations of MAP policy shall be determined by Milestone Systems, Inc. in its sole discretion. Milestone Systems, Inc. will not accept any communication from a reseller who has violated this MAP policy regarding the violation or the willingness of the reseller to bring its prices into compliance with the MAP policy.
In addition to the above, failure to adhere to the MAP policy will be a factor taken into consideration in the determination of the acceptance of reseller’s annual application for participation in the Milestone Systems, Inc. Channel Partner Program.
Milestone Systems, Inc. reserves the 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. Policy modifications shall be made available on the Milestone Systems, Inc. website at www.milestonesys.com.
Milestone Systems, Inc. is not seeking agreement from any reseller to adhere to this MAP policy. It is entirely within the discretion of the reseller whether to comply or not comply.
MILESTONE SYSTEMS, INC. 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.
All questions or comments regarding this MAP policy are to be directed to the policy administrator. The policy administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to resellers regarding the policy and receiving any communication regarding sanctions imposed under this policy.
Milestone Systems Inc.
8905 SW Nimbus Avenue, Suite 400
Beaverton, OR 97008, USA
Tel: +1 503 350 1100 • Fax: +1 503 350 1199
Last updated: January 29, 2013