MINIMUM ADVERTISED PRICE POLICY
Yokohama Tire (Canada) Inc. (“Yokohama”) is unilaterally adopting this Minimum Advertised Price (“MAP”) Policy effective January 1, 2022.
Yokohama manufactures and sells a complete line of premium tires including for high-performance, light truck, passenger car, commercial truck and bus applications. Servicing an extensive sales network throughout Canada, Yokohama is a leader in technology and innovation.
Yokohama has adopted the following Minimum Advertised Price Policy (the "MAP Policy") for the products currently designated in the Listing of Minimum Advertised Prices (the "Covered Products"). Yokohama's goal in establishing this MAP Policy is to maintain the integrity and premium status of Yokohama products and support the strong customer service efforts of Yokohama's authorized distribution and reselling network by discouraging price-based advertising that undermines such efforts.
General Application of this MAP Policy
This MAP Policy applies to all persons or entities that advertise a Covered Product for sale ("Resellers").
Any advertisement for the sale of a Covered Product at a price below the Minimum Advertised Price then in effect for such Covered Product is a violation of this MAP Policy. This MAP Policy applies to actual advertised prices as well as all implied, calculated, or formulated advertised prices.
This MAP Policy only applies to advertised prices of Covered Products. This MAP Policy does not address, restrict, or otherwise apply to the actual prices at which Covered Products are sold. Resellers are free to resell Covered Products at any price at their discretion.
This MAP Policy applies to all forms of external advertising, including, but not limited to, any and all forms of print and electronic media, broadcast direct mail, broadcast e-mail or fax, audio and video communications, social media sites and apps, search engine advertising and results, radio, television, newspapers, inserts, flyers, posters, coupons, magazines, catalogs, and billboards and other public signage.
It is a violation of this MAP Policy to "bundle" or otherwise advertise a Covered Product with any other item, including, but not limited to, other products, discounts (whether by specific dollar amounts or by percentage), promotions, gifts, gift cards, coupons, points, incentives, or rewards, in a manner that, in Yokohama's discretion, indicates or implies a sale price for the Covered Product below the Minimum Advertised Price then in effect.
It is not a violation of this MAP Policy to:
- Advertise the availability of a Yokohama manufacturer’s rebate offered direct to customers regarding a Covered product, if Reseller follows all advertising guidelines provided by Yokohama, or, if no such guidelines are provided, if the advertisement clearly and uniformly presents an original price at or exceeding the Minimum Advertised Price then in effect before the application of any rebate amount, and then show net price after the manufacturer's rebate.
- Offer in an advertisement a free service related to the purchase of a Covered Product, such as free installation or free shipping, if the advertisement otherwise clearly offers the Covered Product for sale at a price at or exceeding the Minimum Advertised Price then in effect.
- Advertise in a general nature with statements such as the Reseller "will match or beat anyone's prices" or the Reseller has "the lowest prices", provided the advertisement does not include any price below the Minimum Advertised Price for a Covered Product and the advertisement otherwise complies with this MAP Policy.
- Advertise uniform storewide or company-wide discounts affecting Covered Products if such advertisement does not specifically reference any Covered Product.
- Generally, solicit communication to the Reseller in an advertisement, including through language such as "call for information" or "e-mail for information".
This MAP Policy does not apply to:
- Direct person-to-person communications, such as individualized communications via telephone, e-mail, letter, text, or electronic purchasing system.
- Direct e-mail or direct mail communications sent to the Reseller's customers based on a proprietary customer database created, owned, and maintained by that Reseller.
Application of This MAP Policy to Brick-and-Mortar Resellers
This MAP Policy does not apply to advertising that is displayed inside, on, or immediately outside a physical retail or wholesale place of business.
This MAP Policy applies to all off-site advertising, including, but not limited to, materials distributed to potential customers.
Application of This MAP Policy to Online Resellers
This MAP Policy applies to all advertised prices displayed online in any medium.
This MAP Policy applies to online features such as automated "bounce-back" pricing e-mails to
customers, pre-formatted e-mail responses and other automated template electronic communications, and automatic price displays.
It is not a violation of this MAP Policy to charge a price below the Minimum Advertised Price for the Covered Product within a purchaser's virtual online shopping cart at the final stage of an online purchase, provided the Reseller had not previously presented the purchaser with an indication that such a discounted price below the Minimum Advertised Price for the Covered Product would be offered at the final stage of the purchase.
It is a violation of this MAP Policy to:
- Display Covered Products online without any advertised price and in association with any other language, symbols, or imagery indicating or implying that discounted pricing is available in the Reseller's virtual online shopping cart or elsewhere on Reseller's website, including, but not limited to, click-through web buttons utilizing language such as "Add to Cart to See Price", "Click for Price", or "Click for Quote".
- Include Covered Products in the linked destination of general website advertising banners and web buttons implying discounted prices, including, but not limited to, those features utilizing language such as "Click Here to See Our Prices".
- Offer any Covered Product for sale via any Internet auction function.
- Sell any Covered Product via an online alias which does not reasonably identify the true identity of the Reseller, including, but not limited to, alias account names established with online marketplaces.
Modifications and Amendments
The current version of this MAP Policy, including updates and pricing details, may be found online at https://www.yokohama.ca/MAP. It is the responsibility of all Resellers to monitor
this web address to ensure compliance with the current version of this MAP Policy.
At any time and in its sole discretion and without notice, Yokohama reserves the right to modify, amend, suspend, or cancel this MAP Policy, including, but not limited to, modifying, supplementing, or deleting the Covered Products or Minimum Advertised Prices contained in the Listing of Minimum Advertised Prices.
The terms and conditions of sales promotions initiated by Yokohama involving Covered Products may create specific and temporary modifications to this MAP Policy. Such modifications shall be applied in strict accordance with the terms and conditions of the sales promotion.
Resellers That Are Not Authorized Distributors
An "Authorized Distributor" is a person or entity that purchases Covered Products directly from Yokohama for resale.
An Authorized Distributor is required to use best commercial efforts to ensure that written notice of this MAP Policy is provided to all Resellers of Covered Products that the Authorized Distributor initially purchased directly from Yokohama.
Yokohama has sole discretion to enforce this MAP Policy against Resellers that are not Authorized Distributors. Yokohama may, among other things, (i) send written notice to the violator demanding compliance with this MAP Policy and/or (ii) place the violator on Yokohama's Do-Not-Ship List.
Yokohama maintains its Do-Not-Ship List for internal use and dissemination to its network of Authorized Distributors as to Resellers that are not Authorized Distributors and are known to violate this MAP Policy.
It is a violation of this MAP Policy for an Authorized Distributor to sell a Covered Product to any person or entity (i) on Yokohama's Do-Not-Ship List or (ii) that the Authorized Distributor knows or has reason to believe has been in violation of this MAP Policy or has contributed to violations of this MAP Policy.
Yokohama has the absolute right to unilaterally make all determinations relating to compliance with and enforcement of this MAP Policy in its sole discretion and without notice. There will not be any negotiations or appeals regarding compliance and enforcement determinations. Existence of violations of this MAP Policy by those other than the subject of enforcement will not excuse a violation of this MAP Policy.
If a Reseller with multiple store locations or multiple online websites violates this MAP Policy at a single store location or on a single website, the violation will apply to the entire business of the Reseller.
The rights and remedies provided for by this MAP Policy are cumulative and may be exercised by Yokohama singularly or concurrently, including with any other rights and remedies provided in any other operative agreement or under applicable law.
Authorized dealers and resellers that advertise Yokohama products below MAP will be in violation of this policy and subject to the following penalties:
A written warning will be sent by email or mail giving the dealer or reseller five (5) business days to remove or correct the advertising.
A written warning will be sent by email or mail informing the dealer or reseller that Yokohama will exclude all sales of the product line that was violated to calculate bonuses or program incentives for 1 month.
A written warning will be sent by email or mail informing the dealer or reseller that Yokohama will exclude all sales of the product line that was violated to calculate bonuses or program incentives for the entire quarter in which the violation occurred.
If the violation is not so cured, Yokohama shall have the right to suspend or terminate its business relationship with the violator and/or declare an additional violation subject to an additional application of the remedies provided for in this paragraph.
Notwithstanding the above enforcement guidelines, Yokohama shall have the right to immediately terminate the business relationship with the violating Authorized Distributor whenever Yokohama determines in its sole discretion the actions in violation of this MAP Policy justify such termination.
Yokohama will manage and enforce this MAP Policy through its own staff as well as outside consultants and other authorized agents. Yokohama will only accept communications or questions concerning this MAP Policy submitted in writing to the following e-mail address: firstname.lastname@example.org.
Yokohama requests that Resellers contact Yokohama concerning alleged violations of this MAP Policy rather than communicating directly with the alleged violator. Yokohama sales, marketing, or other personnel are not authorized to modify, comment upon, or grant exceptions to this MAP Policy outside of Yokohama's established administration procedures.
It is a violation of this MAP Policy to engage in any activity designed or intended to prevent, hinder, delay, or obstruct Yokohama's management of this MAP Policy. It is a violation of this MAP Policy to fail to cooperate with or to otherwise prevent, hinder, delay, or obstruct any investigation of a violation of this MAP Policy.
Should any part, term, or provision of this MAP Policy be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall not be affected thereby.
This MAP Policy is a unilateral declaration of policy by Yokohama and does not reflect or constitute an agreement between Yokohama and any Reseller, person, or entity. Yokohama is not seeking any such agreement by issuing this MAP Policy. Further, compliance with this MAP Policy shall not evidence any kind of agreement with Yokohama.
This MAP Policy is in addition to, and does not supersede or limit in any respect, any other terms, conditions, rights, or remedies of any existing agreement with Yokohama.
Yokohama will only accept communications or questions concerning the MAP Policy submitted in writing to the following e-mail address: email@example.com