Prodigee™ Minimum Advertized Price Policy
As Amended June 1, 2016
The following Minimum Advertized Price Policy (the “Policy”) shall apply when Users view, use, or make purchases through Prodigee’s website, mobile application, or Services. Please review the Policy carefully. By accessing or using the Prodigee website, or making any purchases through Prodigee or any of its affiliates, you signify your agreement to this Policy. If you do not agree to this Policy, you may not access Prodigee Services. International accounts must reflect pricing as translated into their local currency.
Introduction
Prodigee is building a brand that has strong recognition worldwide, with a highly perceived value. It has been in operation since 2012. Currently, Prodigee provides mobile device accessories. Prodigee often enters into contractual relationships with Dealers who resell the products sold by Prodigee to Dealers. Prodigee recognizes that it seeks to deal with a network of authorized Dealers that it has selected. Prodigee knows that Dealers invest time and resources to deliver customers with a superior product. Prodigee wishes to protect its ability to do so, and retain the level of satisfaction of its products. It simultaneously seeks to avoid price-based advertising that would be detrimental to its Dealers. For these reasons, Prodigee has unilaterally established this Policy.
Policy Statement
Prodigee, at its sole discretion, reserves any and all rights to discontinue doing business with any Dealer that advertises Prodigee product or products which are covered by this Policy at a price lower than the given Minimum Advertised Price (the “MAP”).
General Guidelines
Prodigee shall provide Dealer with a MAP for products it is distributing. Instructions on how to obtain the MAP for MAP Products is provided for in this Policy below. This list is subject to change from time to time, at the sole discretion of Prodigee, and Prodigee shall provide notice to Dealers in the event it chooses to change the MAP of a MAP product.
The Dealer is completely free to set its own prices of Prodigee products. This Policy in no way limits the Dealer’s right to set its own prices. If the Dealer has an Internet presence, it shall allow and offer a way for customers to see the actual sales price in a different manner than the price that is advertised. This may be done in a “Call For Pricing” option, or “Add to Cart to See Price” option, or otherwise similar manner.
There shall be no agreement whatsoever, even implied, of an agreement on price between Prodigee and Dealer (collectively referred to as the “Parties”) to this Agreement. This Policy is purely a unilateral request and does not constitute and agreement between the parties. This policy shall not be specific to Internet retailers and should any questions arise regarding Prodigee’s Policy, Dealer shall contact Prodigee at the contact information provided in this Policy.
Prodigee may exercise its right to make its own decisions regarding the Dealership Agreement, if one is so executed between the Parties. This Policy applies to the advertized prices, not the price Prodigee products are actually sold for or offered for sale.
Advertising Guidelines
1. This Policy applies to any all advertisements of MAP Products that Prodigee has provided to Dealer, including but not limited to, Internet advertising, coupons, promotional materials, mailers, inserts, newspaper advertising, catalogs, television, radio, social media sites, mobile applications, and any other form of media where MAP Products may be advertised, except as otherwise allowed in this Policy.
2. Dealers are able to provide a “Call For Pricing” option, or “Add to Cart to See Price” option, or otherwise similar option in order for customers to ascertain the sales price. In no way, does Dealer’s providing of these options violate this Policy. This Policy also applies to any activity that Prodigee may deem appropriate, from time to time, at its sole discretion, with or without notice to Dealers.
3. Dealers will not be in violation of this Policy if it chooses to advertise it has the lowest prices or will match or beat any competitors offer, as long as Dealer is in compliance with the remaining clauses of this Policy.
4. Prodigee may offer a manufacturer’s rebate to Dealers, and it shall not be a violation of this Policy to advertise the manufacturer’s rebate, as long as Dealer is in compliance with the remaining clauses of this Policy.
5. This Policy is not applicable to in-store advertising that is displayed only in the store and not distributed to any customer(s) outside of their store, or an email newsletter sent to Dealer’s customer database.
6. Prodigee may run a sale from time to time and in such case the MAP will be the same as the sale price on those particular items and on those particular dates. Prodigee will send out a notice in advance with details of any such special.
Bundling Guidelines
If Dealer chooses to bundle Prodigee products with other non-Prodigee products, it shall be a violation of this policy if the effective price equates to a reduced price of 10% below the MAP, or if the effective discount is greater than 10% of the highest priced item in the bundle. Products bundled with Prodigee products must be technologically compatible. Any gift cards, coupons, point programs, or any other similar product, which involve MAP Products shall violate this Policy if the effective price of the bundle represents an immediate discount greater than 10% of the MAP or if the effective price of the bundle represents a discount greater than 10% after any contingent subsequent purchase.
MAP Cancellation
Prodigee reserves the right to alter, adjust, limit, or suspend the Policy at any given time, on any number of products. If Prodigee chooses to do so, it shall provide notice to Dealer prior to implementation.
Policy Enforcement
If a Dealer violates any provision or clause in this Policy, Prodigee will see this as a violation by Dealer of this Policy. If Dealer violates this Policy, then Prodigee has the full right to take any action in deems necessary, including but not limited to:
1. Cancel any pending orders;
2. Restrict future orders;
3. Cancel the executed Dealer Agreement between the Parties;
4. Suspend Dealers’ account; or
5. Any other remedy allowable in applicable law.
Prodigee has the option to grant Dealers’ waivers to this Policy, at the sole discretion of Prodigee. If such a waiver is offered, it shall be in writing and come from directly from Prodigee. Any waiver shall be strictly construed and implemented by any Dealer that it applies to.
Prodigee continually monitors the advertised prices of dealers. Dealers hereby warrant and agree to provide reasonable cooperating in any Prodigee investigation regarding the subject material of this Policy. Dealer is expressly prohibited from hindering, obstructing, delaying, or otherwise failing to cooperate in any way with a Prodigee investigation.
Prodigee has the right and authority to enforce this Policy, with or without notice to Dealers. For questions regarding this Policy, please contact company at
Prodigee
7292 Opportunity Road, Suite E/F
San Diego, CA, 92111, USA
For a list of MAP Products, please see PRODIGEE website.