MAP Policy

Dealership Policy

Prospective dealers must first submit a dealership application, a valid state resale certificate number, and obtain approval By GritShift before any purchases can be made. Collection of all State and Local taxes are the exclusive responsibility of the dealer/account holder. Canadian dealers should contact E-Bike Zilla to get set up as an authorized Canadian dealer.

All Approved GritShift Dealers are expected to uphold and promote the GritShift Brand in the proper, high caliber representation to which we cater to and design products for. Our clientele expects a certain standard, and we guarantee that level of excellence, and we expect our dealers to do so as well.

GritShift MINIMUM ADVERTISED PRICE (MAP) POLICY
Effective 11/01/2022

GritShift has unilaterally adopted this Minimum Advertised Price (“MAP”) Policy for its distributed and manufactured products. This MAP Policy supersedes all previous GritShift MAP policies.

This MAP Policy is designed to protect GritShift’s brand reputation for superior technology and quality products and to protect dealer and reseller margins so that dealers and resellers are able to provide valuable pre‐sales and post‐sales services and infrastructure. GritShift’s policy is to not continue doing business with dealers that advertise GritShift distributed products at prices below MAP or advertise in any other way that violates this policy.

This MAP Policy governs only advertised prices. It does not apply to the price at which the GritShift products are actually sold. Dealers and resellers remain free to establish their own resale prices but may not advertise below MAP.
This MAP Policy applies to all authorized GritShift dealers and resellers in the United States and Canada. It applies to all advertisements or other published information or communications that reference GritShift Products.

Advertisements include advertising in any form of media including, but not limited to: printed flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, literature, newsletters, website, Facebook, Twitter, Amazon, eBay, Etc. or electronic media of any form including advertisements inside a brick‐and‐mortar store. Online digital advertising specifically includes any communication of price accessible by a web crawler.

GritShift’s MAP Policy Guidelines:

The current listing of GritShift Products and applicable MAP prices are set forth in the most recent applicable price list subject to change without advance notice. GritShift authorized dealers and resellers may advertise GritShift Products in the following manner without violating this MAP Policy:

  • Orally stating a price (either in person or in response to an end user's call);
  • Advertising of free shipping, handling or financing provided such value is not subtracted from the GritShift Product to show a net price below MAP;
  • Advertising without prices;
  • Featuring multiple GritShift Products covered by this MAP Policy in the same advertisement as long as the advertised price for each is not below the MAP; or, if bundled, the advertised price is not below the combined MAP of the advertised products;
  • Bundling a GritShift Product covered by this MAP Policy with another product that is not covered by this MAP Policy or with a non‐GritShift product (including gifts); provided, however, that the bundled price is at least 10% above the MAP.
  • Listing products on eBay at MAP price with the "Best Offer" Disabled. This applies to eBay listings ONLY!
  • A price listed that is less than $.05 USD (5 Cents) below MAP will not constitute a violation. This applies to all products regardless of the price of the product.

However, advertising material stating or implying the availability of a price below the MAP is a violation of this MAP Policy. Examples of such advertising include, without limitation, those showing the following:

  • “add to shopping cart to see a lower price”
  • “call for price” (where the MAP price appears in the advertisement)
  • “e‐mail for price”
  • a price showing a stricken MAP (example: $199.99)
  • “sale – add to shopping cart”, “enter coupon code” (unless such code expressly refers to a GritShift authorized coupon)
  • “prices too low to mention”
  • “our manufacturer won’t let us tell you the price”
  • “click here for a better price”
  • “buy it now” (or comparable instant purchase price, unless such price displays the MAP both in advertising & shopping cart)
  • “reserve or minimum price” (unless such price displays the MAP)
  • “join our buying club” or similar enticements (unless GritShift products are specifically excluded from program in writing)
  • "use this coupon for all purchases" (unless such coupon excludes GritShift products in writing)

Efforts to evade this MAP Policy will also be considered a violation. GritShift authorized dealers or retailers may not sell GritShift distributed products to any third party where the dealer or reseller has reason to believe that such GritShift distributed products will be advertised, or such third party will engage in advertising, in violation of this MAP Policy. Any such sale shall constitute a violation of this MAP Policy.

MAP will not apply to items where MAP is listed as “Open” on the most recent price sheets or to discontinued GritShift products beginning 60 days after the date GritShift announces the discontinuation. MAP also will not apply to used or refurbished products provided that any advertisement for such product conspicuously and properly designates the condition of the product as follows:

  • New: any GritShift Product in its sealed packaging with original labeling that has not been removed or intentionally altered in any way may be advertised as “New”.
  • Used or Return: any GritShift Product not in original packaging or that has been previously used for any purpose (e.g. open box, demo stock, new‐other, etc.) must be designated as “Used” or "Return" in all advertising

Communications:

Each Dealer is free to decide independently whether or not to follow this MAP Policy. GritShift will not discuss any conditions of acceptance related to this MAP Policy. This MAP Policy is non‐negotiable and will not be altered for any dealer or reseller. Accordingly, GritShift’s decision not to tolerate violations of this MAP Policy is irrevocable and will not be changed in any way.

MAP Policy updates are a unilateral policy and GritShift does not ask for, and will not accept, any assurance of compliance or any agreement thereto. GritShift sales personnel have no authority to modify this MAP Policy, grant exceptions to it or offer or accept any agreements to comply with it. It is the responsibility of the dealer to remain in compliance with these policies. Review often!

Monitoring and Reporting:

GritShift will not review advertising in advance to determine compliance or otherwise approve any plans submitted to GritShift. Nevertheless, in order to further the goals of this MAP Policy, GritShift may monitor advertised prices of GritShift Products, either directly or via independent third parties. Third parties retained by GritShift may monitor advertisements and store/website selling conduct including, but not limited to, through the use of third-party monitoring agents, mystery shoppers, purchases of covered products, and review of advertised prices. GritShift may also rely on confidential reports from dealers, distributors or end-users for enforcement of this MAP Policy.

MAP Violation Implications and Penalties:

GritShift will notify any GritShift authorized dealer or reseller if the dealer or reseller violates this MAP Policy upon discovery. GritShift reserves the right to provide a 72-hour grace period on any violation; however, a 72-hour grace period will not be provided if it's a reoccurrence of the same violation unless the error was on the part of GritShift.

The dealer will have 1 to 7 days (depending on violation) to correct any and all violations of MAP Policy price postings, thereafter:

The first unresolved violation of MAP will result in the suspension of access to GritShift Products for a period of 30 calendar days.

A second violation of MAP within a twelve-month period will result in the suspension of access to all GritShift Products for a period of 90 calendar days.

A third violation of MAP within a twenty‐four-month period will result in the termination of the dealer or authorized reseller for a period of at least 12 months.