Introduction

To ensure a viable relationship with our customers, dealers, resellers and distributors (collectively “Dealers”) Daniel Smart Manufacturing (DSM) has adopted the following Advertising and Minimum Advertised Pricing (MAP) Policy (the “Policy”). The goal of this Policy is to protect DSM brand equity and ensure authorized DSM Dealers will receive the benefits of their investment in DSM products.

This Policy has been unilaterally adopted by DSM and will be unilaterally enforced. DSM is not requesting, or otherwise seeking, any agreement or acknowledgment regarding this MAP policy from any Dealer or Distributor. This unilateral Policy is effective as of March 9th, 2022. DSM reserves the right to change or modify any of these terms and conditions at any time, and changes to this policy will be amended here.

Minimum Advertised Price (MAP)

Daniel Smart Manufacturing equates MAP pricing to the manufacturer's suggested retail price (MSRP). MAP or MSRP for items will be displayed for each individual product with base pricing on its detail page, when a customer is logged in as a Dealer to the Daniel Smart website. Plus Sizes are subject to upcharges that are to be calculated by the dealer and are to match the upcharges for that item in our wholesale pricing.

The Policy

This MAP policy applies to both in-stock and out-of-stock items and advertised prices only. It in no way limits any Dealer’s ability to set its own prices. Moreover, each Dealer is entirely free to determine its own advertising practices. Such decisions must be made independently by the Dealer and will not be the subject of any agreement between DSM and the Dealer or anyone else. No DSM employee or representative is authorized to enter into any agreement concerning the prices charged or advertised by any Dealers of DSM products.

Unless subject to one of the exceptions listed below, any advertised price that after all discounts and shipping charges (net price) does not equal or exceed the DSM MAP price will be in violation of this MAP policy.

This policy shall apply only to current products and shall not apply to a non-current, close-out, or discontinued DSM products. The determination as to whether a product is no longer current, or is a close-out, or discontinued product, shall be made by DSM in its sole discretion. All DSM products shall be deemed current products as described in DSM's website or other official materials from DSM.

Dealer employee purchases for personal use are exempt from this MAP policy.

Advertising

Advertising media includes, but is not limited to: internet or similar electronic media, radio, television, fliers, posters, catalogs, mail order catalogs, magazines, email newsletters, email solicitations, automated e-mail price quotes, mailers, inserts, newspapers, and public signage.

Any posts by any party to social media or 3rd party internet sites like Facebook, Instagram, Twitter, Reddit, forums, chat rooms, YouTube or similar platforms which advertise below MAP pricing on DSM products are considered a violation of this policy.

Free shipping coupons are not in violation of the DSM MAP policy as long as the total price before tax paid by the consumer is at or above the MAP pricing as provided by DSM.

Dealer’s Retail Storefront & Website

Exact DSM SKUs must be used in all advertisements.

Quotes by phone are permitted if they are facilitated by a personal interaction (not automated) and they are independent of the checkout process. If used, discount codes must be manually distributed via personal phone call, must be one time use only and must be given along with a warning that they are intended for the recipient only and may not be shared or forwarded. If this method is used, Dealers must use the following language: “Call for price” or “Call for a quote.”

Advertising price matching does not violate this Policy provided that the Dealer’s advertised policy requires that the price it is matching can be viewed by the general public.

Language on internet sites advertising DSM products cannot imply that the Dealer may offer lower pricing than MAP. Wording like “Lowest Prices”, “Low Price Guarantee”, “Pricing Lower Than What Shops Pay”, “Our Prices Will Not be Beat”, “Closeout Prices”, “The manufacturer will not let us show this price” and similar tactics are prohibited.

Automated price features such as add to cart pricing, click for pricing, checkout pricing, and automatically generated discounts/discount codes of any sort are prohibited on DSM products.

Amazon, Walmart, eBay, and Other 3rd Party Sales or Auction Platforms

Dealers are prohibited from selling DSM products directly to, or as a 3rd party retailer on Amazon.com, Walmart.com, eBay.com, or any similar marketplace platform. Any attempt to circumvent this procedure is considered a violation of this policy.

Violation of MAP Policy

DSM reserves the right to refuse to sell its products to dealers that advertise its products below the MAP as set forth in the most recently published price list. DSM will not do business with any dealer that knowingly violates this MAP policy.

If DSM verifies that a dealer is advertising DSM products below the MAP or is otherwise violating this policy, DSM will impose the following penalties:

  • Upon the first violation, DSM will issue a written notice of violation to the dealer and will give the Dealer an opportunity to remove any price advertising that violates this policy.
  • Upon a second violation, a written notice will be issued, and the dealer's right to purchase DSM products will be automatically suspended for a period of 60 days after the date of second notice.
  • Upon a third violation, a final written notice will be issued, and in DSM's sole discretion, the Dealers right to purchase DSM products will automatically be suspended for a period to be determined by DSM.

Once informed by DSM that the Dealer is in violation, the Dealer must remedy the problem within 48 hours. Each subsequent 24 hours of un-resolved violation will be considered an additional violation. DSM also reserves the right, in its sole discretion, to refuse to do business with any Dealer at any time for any reason, including a violation of this Policy.

For dealers with multiple store locations, a violation of this policy by any one store location shall be considered a violation by the entire dealership.

Amendments

DSM reserves the right to amend this policy and/ or its minimum advertised prices at any time. Amendments to the policy will not apply to any dealer advertising that has already been prepared and is scheduled for delivery within 30 days after the date that DSM gives the dealer notice of the amendment. Otherwise, dealers are responsible for observing the current version of this policy as well as the current MAPs.

Questions Regarding This Policy

This Policy is not negotiable, and no modifications will be made for any Dealer or distributor. DSM will not discuss this Policy outside of providing the terms of the Policy and examples of compliant and non-compliant advertising. DSM gathers input and feedback from Dealers about policies and practices. You may submit comments or concerns about this policy by email to info@danielsmartmfg.com. DSM will not respond to any comments regarding activities of any Dealer.