MINIMUM ADVERTISED PRICE (MAP) POLICY
Hayes Bicycle Group (“Hayes”) relies upon its network of authorized retailers (referred to as
“retailers’) to position and support Hayes bicycle products including products under the brand
names of Hayes, Manitou, Reynolds, SUNringle’, ProTaper, Wheelsmith and Answer (referred to
as “Hayes Products”). Hayes knows that many of its retailers invest significant time and
resources to meet the expectations of Hayes end users. Hayes wants to support its retailers’
ability to deliver a top-notch customer experience while discouraging price-based advertising
that would be detrimental to our retailers’ service and support efforts. As a result, Hayes has
unilaterally established this Minimum Advertised Price (“MAP”) policy.
MINIMUM ADVERTISED PRICE POLICY
Hayes, in its sole discretion and without assuming any liability, reserves the right to discontinue
doing business (including cancelling any orders) with any retailer that advertises any Hayes
Products covered by this MAP policy at a net retail sales price lower than the MAP. It is Hayes’s
policy that Hayes’ acceptable MAP pricing is the Hayes MSRP. Hayes MSRP can be found by
contacting Customer Care for a copy of all pricing.
GENERAL GUIDELINES
- This policy applies to all Hayes Products advertised in North America regardless of retail
outlet. Hayes may modify this MAP policy in its sole discretion from time to time. - Hayes recognizes that retailers may sell Hayes Products at any price in their sole
discretion. - This 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. - Hayes believes in maintaining a well regulated and fair marketplace for all its authorized
retailers.
ADVERTISING GUIDELINES
Hayes Products may not be advertised, either expressly or by implication, at a price
less than the MAP.
MAP applies to advertising of Hayes Products in any and all media, including but not
limited to, print ads (inserts, magazines, newspapers, etc.), broadcast (radio and TV),
Internet or similar electronic media (websites, banner ads, broadcast emails,
destination pages, etc.), catalogs and other direct mail, outdoor (billboards, banners,
etc.). IN PARTICULAR, THIS MAP POLICY APPLIES TO ALL WEBSITE AND
OTHER INTERNET REFERENCES, EITHER EXPRESS OR IMPLIED, TO PRICES
OF ANY HAYES PRODUCTS.
MAP applies to advertising that does not reference a specific price for Hayes
Products. Web product presentation must include a full image of actual model and
model year along with an explanation of its features and technologies.
Examples of advertising of product without price that expressly states a price less
than MAP include, but are not limited to, references such as: “priced too low to
show;” “prices so low we can’t advertise;” “instant rebates;”, "add to cart to see price",
use of promotional codes or promotional coupons, each resulting in offering a price
less than MAP and is a violation of this policy.
Advertising that offers or promotes Hayes Products as a “bonus”, as “free” or with no
or a limited charge less than MAP is a violation of this policy.
This MAP policy also applies to any activity which Hayes determines, in its sole
discretion, is designed or intended to circumvent the intent of this MAP policy such as
solicitations for “group purchases” and the like.
From time to time, Hayes may discontinue models and styles of Hayes Products or
engage in promotions with respect to such Products. Hayes may in its sole discretion
modify or suspend MAP with respect to the affected Hayes Products by notifying
authorized retailers of such change.
From time to time, Hayes may permit authorized retailers to advertise Hayes Products
at prices lower than the MAP. In such events, Hayes reserves the right to modify or
suspend the MAP retail price with respect to the affected Hayes Products for a
specified period of time by providing advance notice to all authorized retailers of such
changes.
BUNDLING GUIDELINES
- “Bundling” or advertising Hayes Products for sale together with other products will violate
this MAP policy when:- The effective or stated price of the bundle represents a discount of greater than
10% of the MAP; or - The product(s) bundled with MAP products, in the opinion of Hayes, violate
Hayes’ intellectual property rights or otherwise create customer confusion; or - The effective or stated discount is greater than 10% of the highest priced item in
the bundle. - Product(s) bundled with the MAP products must not, without conspicuous warning, be
technically incompatible or create or encourage additional risk of damage, bodily injury or
death to the customer if used together. - Gift cards, coupons, points, or other incentives which are contingent on the purchase of a
MAP product will violate this MAP policy when - The effective or stated price of the bundle represents an immediate discount of
greater than 10% of the MAP; or - The effective or stated price of the bundle represents a discount of greater than
10% of the MAP after taking into consideration any contingent future purchase.
- The effective or stated price of the bundle represents a discount of greater than
Rebate programs from Hayes are exempt from this policy.
POLICY ENFORCEMENT
- If a retailer with multiple store locations violates this MAP policy at any one store location
or on any associated website, then Hayes will consider this to be a violation by the
retailer.
- Hayes reserves the right to cancel any pending orders, restrict future orders, or suspend
a retailer’s account if Hayes reasonable believes:
- that a retailer has violated the provisions of this policy; or
- a retailer intends to violate this policy
Hayes’ National Sales Director is solely responsible for determining whether a violation of the
MAP policy has occurred as well as determining appropriate sanctions.
Hayes reviews the advertised prices of retailers, either directly or via the use of third-party
agencies or tools. Retailers are expected to provide reasonable cooperation in any Hayes’
investigations regarding possible MAP policy violations. Hindering, obstructing, delaying, or
otherwise failing to cooperate with a Hayes MAP policy investigation is a violation of this MAP
policy.
The MAP policy will be enforced by Hayes in its sole discretion and without notice. Retailers,
distributors, and resellers 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 our business
relationship, as well as any available remedies at law. All questions related to this MAP policy
should be directed in email to hayesbike@hayesbicycle.com or by phone to (888) 686-3472
This is a unilateral statement of Hayes’s commercial policy. It is not an agreement or an offer to
form an agreement with any party. It simply describes conditions under which Hayes may, in its
sole discretion, choose to sell Hayes products to authorized retailers. Each retailer of Hayes
products is free to independently decide whether or not to follow this MAP Policy. Hayes will not
discuss any conditions of acceptance related to this MAP Policy, as it is nonnegotiable and will
not be altered for any retailer. In addition, Hayes does not ask for, nor will it accept, any
assurance of compliance with this MAP Policy. Nothing in this MAP Policy shall constitute an
agreement between Hayes and any retailer that the retailer will comply with this MAP Policy.
Hayes sales personnel have no authority to modify or grant exceptions to this MAP Policy. All
questions regarding the interpretation of this Policy must be directed to Hayes at
hayesbike@hayesbicycle.com or (888) 686-3472.
IF HAYES DETERMINES, TO ITS SOLE SATISFACTION, THAT THE RETAILER HAS
ADVERTISED A HAYES PRODUCT IN VIOLATION OF THIS MAP POLICY, HAYES MAY
CANCEL ALL ORDERS FOR THE GIVEN PRODUCT AND REFUSE TO ACCEPT NEW
ORDERS FOR HAYES PRODUCTS. ANY ACTION TAKEN BY HAYES HEREUNDER SHALL
BE WITHOUT LIABILITY TO HAYES.