MAP Policy

 

Seamule/Flushmaster MAP Policy

Seamule, LLC dba Flushmaster, a Florida limited liability company (the “Company”) is committed to maintaining the Seamule brand value, integrity and exceptional customer satisfaction that is has cultivated. The Company has established this Minimum Advertised Price (“MAP”) Policy, effective October 1, 2024 (the “Policy”), for resale of the Flushmaster products, a portable device and accessories used to flush outboard boat motors (the “Product”). For purposes of this Policy, “Resellers” include all authorized distributors and wholesalers, and authorized third-party resellers. This MAP Policy is intended to allow consumers to purchase from Resellers based on loyalty and customer experience. In the interest of protecting both resellers and consumers, it is necessary to abide by the following requirements.

  1.               MAP.

(a)            The MAP shall be an amount no less than the current Manufacturer’s Suggested Retail Price (MRSP) as published on the Flushmaster website, www.flushmaster.com, and shown in “Exhibit A - Pricing” . 

(b)            Resellers may not advertise the Product at a price below the MAP.  Advertising includes, but is not limited to, (i) print and broadcast media advertising such as catalogs, newsletters, newspaper, radio and television, (ii) online pay-per-click advertising, (iii) internet sites such as online portal sites, auction and shopping sites, natural or paid search engine listings, social media sites, banner advertisements, and Resellers’ websites, and (iv) direct mail and e-mail.

(c)             Special unadvertised, limited-time, in-store discounts are permitted.

(d)            All Resellers are responsible for compliance with the MAP Policy. Furthermore, Authorized Resellers are responsible for ensuring that their third-party Reseller customers comply with and enforce the Policy.

  1.               Compliance. 

(a)            All Resellers must comply with this MAP Policy. If it is determined by the Company that a Reseller has violated the terms of this MAP Policy and/or the selling practices set forth herein, the Company may refuse to sell the Product to such Reseller and may require all other Resellers to cease all future sales to the offending Reseller. It is the responsibility of all Resellers to assist in the policing 

 

compliance with this MAP Policy. If a violation is discovered by a Reseller, the Reseller shall immediately contact the Company with the identity of the offending Reseller, as well as the facts and circumstances surrounding the alleged violation. 

(b)            This MAP Policy relates only to advertised prices and does not restrict the actual sales price at which a Product is sold.

(c)             The Policy, which shall be made available on the Company’s website, may be changed at any time without advance notice by the Company. Resellers are responsible for keeping themselves informed of and in compliance with any such changes to the Policy.

(d)            Failure to comply with the MAP Policy may result in price restructuring, termination of sale and shipment of the Product to offending Resellers for the duration of the non-compliance, termination of a Reseller’s right to use the Company’s copyrighted materials and trademarks, and possible termination of Reseller’s distribution agreement with the Company.

  1.               Company Contact. If Resellers have questions about the Seamule MAP Policy, they should contact:  support@flushmaster.com