Effective July 1, 2010 Aiphone Corporation, will adopt the following Electronic Minimum Advertised Price Policy (“EMAP Policy”) on all Aiphone products, which shall apply to direct distributors, dealers, and businesses or individuals that utilize authorized Aiphone distribution, as well as any business or individual who resells Aiphone products through an Internet website (collectively, “Resellers”).
Aiphone is adopting this EMAP Policy to preserve its strong reputation for providing customers with high value products and after-sales support. Aiphone greatly values the efforts of all Resellers to promote and sell Aiphone products.
Update, Effective 4/1/17 – Section 4 Caution regarding Amazon Listings.
The EMAP Policy
- For all current Aiphone products listed in the General Line Catalog, Aiphone price list, and Aiphone website, and any Aiphone product introduced into the market in the future, Aiphone establishes an Electronic Minimum Advertised Price (see attached EMAP price list). Any Electronic Minimum Advertised Price may be revised by Aiphone, in its sole discretion, with a minimum of thirty (30) days’ notification to Resellers. This EMAP Policy does not apply to any discontinued Aiphone product.
- Resellers must use the Electronic Minimum Advertised Price for any covered Aiphone product as the price that can be viewed on the Internet by the general public without a secure log-in/password. If pricing is displayed without a requirement for log-in/password, any strike-through or other alteration of the Electronic Minimum Advertised Price is prohibited.
- Subject to the terms of this EMAP Policy, Aiphone approves Resellers’ limited use of the Aiphone® trademark name and/or Aiphone images for the sole purpose of the promotion and reselling of Aiphone products on the Internet. Aiphone reserves all other rights related to its intellectual property.
- Reselling on Amazon. Aiphone can not restrict using Amazon for resale purposes. However, caution is recommended due to Amazon policies. IF any online reseller using Amazon is in violation of the EMAP policy, Amazon policy structure for taking down that listing may impact ALL listings for that model number. Despite Aiphone efforts, Amazon has been delisting the full ASIN # verses select resellers within an ASIN#. Amazon has not respected attempts from Aiphone to segment out authorized verses unauthorized resellers within an ASIN. Aiphone cannot submit a retraction on an ASIN # once the take down effort has been submitted to Amazon, as the retraction has the same affect to all resellers.
- This EMAP Policy only applies to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual customer within Reseller’s physical location, by telephone, by e-mail, by fax, by individual secure electronic log-in, or any means that does not display a price lower than the Electronic Minimum Advertised Price to the general public on the Internet. Aiphone Resellers remain free to sell Aiphone products at any price they elect.
- This EMAP policy does not apply to any in-store advertising, in-store displays, point of sale signs, hangtags, or bar codes or similar marks on product or product packaging. This EMAP Policy also does not apply to the actual sales price on any “check-out page” of any Reseller’s website or related Internet site (typically the page in which the person purchasing has made a final transaction for an Aiphone product).
- Bundling, quantity discounts, and offering of free product(s) as an incentive to purchase are permitted within this EMAP Policy.
- This EMAP Policy does not apply to Internet auction sites. However, if the Internet auction site refers the customer to an online store, the online store must adhere to this EMAP Policy.
- This EMAP Policy does not in any way limit the ability of any Reseller to advertise that they “have the lowest prices,” “will meet or beat any competitor’s price,” or that consumers should “call for price,” or phrases of similar intent, as long as the price advertised or listed for the products adheres to this EMAP Policy.
- Aiphone further reserves the right to adjust, modify, or suspend this EMAP Policy, in its sole discretion, upon thirty (30) days’ advance notice to Resellers, as long as such changes apply to all Resellers.
- Aiphone may investigate Resellers’ compliance with this EMAP Policy. In cases of violation, Resellers will be allowed forty-eight (48) hours from notification by Aiphone to bring advertised prices into compliance. Direct accounts of Aiphone that do not comply risk penalty that can include the suspension of being an authorized Aiphone Account. All Resellers that do not comply risk immediate termination of the authorization to use the Aiphone® trademark and/or images relating to Aiphone products and possible direct legal action.
- This EMAP Policy is being implemented by Aiphone solely for its own account, acting through its duly authorized managers. Any changes to this EMAP Policy must be authorized in writing by the Aiphone’s President/CEO. No oral modifications are valid.
- Aiphone recognizes that its distribution partners cannot control their customers’ actions. However, Aiphone expects our distribution partners’ assistance to support this EMAP Policy, including
- Informing each of its customers of Aiphone’s EMAP Policy and pricing guidelines.
- Taking the following steps to enforce compliance by third party resellers when they violate this EMAP Policy:
- First Offense – Notification and request to correct advertised price or policy to conform with this EMAP Policy
- Second Offense – Terminate all access to Aiphone products.
This EMAP Policy is being implemented by Aiphone solely for its own account, acting through its duly authorized managers. Any changes to this EMAP Policy must be authorized in writing. No oral modifications are valid.