Minimum Advertised Price Policy

MotoTote LLC (“MotoTote”) has built a strong reputation and following among the end-user consumers of our products. In order to preserve our reputation and to further enhance our image, MotoTote has unilaterally established a Minimum Advertised Price ("MAP") policy which will be uniformly enforced and become effective September 23, 2014.

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 Resellers (2) support the MotoTote brand as a premium offering; and (3) avoid destructive sales channel conflict.

Policy Coverage:

The MotoTote MAP policy will apply to all U.S. and Canadian dealers, distributors and Resellers whether online, local (bricks and mortar), or independent representative (all referred to below as “Reseller or Resellers”). All prices are in US dollars.

Although Resellers remain free to establish their own resale prices, MotoTote will, without assuming any liability, unilaterally impose sanctions against Resellers who advertise MotoTote products at prices below those specified herein. MotoTote 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. MotoTote 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 MotoTote shall constitute an agreement between MotoTote and Reseller that the Reseller will comply with this MAP policy.

Minimum Advertised Price:

EFFECTIVE JUNE 1, 2016, the advertised price for all MotoTote products shall be no lower than five percent (5%) below the MSRP which is the price identified as “Retail” on each product’s respective product listing page on MotoTote.com. CLICK here for an example
NOTE: This applies only to MotoTote branded products manufactured by MotoTote LLC (not other products sold on this website).

Advertising:

The MAP policy applies to all advertisements of MotoTote products in any and all media, including, but not necessarily limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, internet or similar electronic media, shopping comparison site listings, email campaigns, television, radio, and public signage.

All advertisements of MotoTote products must include the MotoTote product name and Item #. If a price is included it must be at or above the MAP. MotoTote product name and Item # are shown on each product’s respective product listing page on MotoTote.com. CLICK here for an example The product name is in large letters at the top of the page. The Item # is just below the product name.


Policy Scope:

MAP applies only to minimum advertised prices and does not apply to the price at which the products are actually sold.

Restriction extends until the point of individual communication between Reseller and customer.
For example:
  • Individual email or phone call between Reseller and customer
  • Consumer walking into bricks and mortar store
The MAP policy is not applicable to in-store (bricks and mortar) displays and product price labels or listings that are not distributed publicly.

The MAP policy does not limit the ability of the Reseller to advertise that they have "the lowest prices”, “will meet or beat any competitor's price”, “call for a price” or use of phrases of similar meaning as long as the price advertised or listed for the products is not less than the MAP.

The MAP policy applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer after the point of individual communication between Reseller and customer. The Reseller remains free to sell these products at any prices they elect.

Pricing listed on an internet site is considered an “advertised price” and must adhere to the MAP policy. Once the pricing is associated with an actual purchase, the price becomes the selling price and is not bound by this MAP policy.

Bundling:

The inclusion in advertising of free or discounted products (whether made by MotoTote or another manufacturer) must advertise the price or value of the MotoTote products at or above the MAP. For example: The advertised bundle should say “includes MotoTote product, which has a suggested retail price of $XX.00 (or higher)”.

Used Equipment:

Used equipment can be advertised below the MAP so long as the Reseller clearly and prominently discloses that the product is “used”. MotoTote defines used equipment as product obtained by the Reseller through customer return, customer trade-in, demo units, or other means.

Maximum Price:

The MAP policy does not establish maximum advertised prices. The Reseller may offer MotoTote products at any price in excess of the MAP.

Unilateral Action:

MotoTote is not seeking agreement from any Reseller to adhere to this MAP policy. Correspondingly, it is entirely within the discretion of the Reseller whether to comply or not comply.

Liability:

Given that MotoTote is implementing the MAP policy unilaterally and at its sole discretion, MotoTote accepts no liability for claims or damages related to any Reseller's reliance on the continued existence of the MAP policy or any effort by MotoTote to enforce the MAP policy.

Administration and Contact Information:

MotoTote SALES PERSONNEL OR OTHER EMPLOYEES HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY. Therefore, all questions or comments regarding this MAP policy are to be directed to the MotoTote MAP policy administrator at mappadmin@mototote.com who 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 actions taken under this MAP policy.

Policy Modification:

MotoTote may 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. In such events, policy modifications shall be made available on the MotoTote website on this page (www.mototote.com/mapp.html) seven (7) days in advance. We will also make every effort to notify all MotoTote interested parties by email.