Wilson Electronics, LLC (“weBoost”) has unilaterally adopted this Minimum Advertised Price Policy (“Policy”) effective January 1, 2015. weBoost’s goal in adopting this Policy is to protect the premium image of weBoost products, to maintain satisfactory levels of customer service and support and to maintain the reputation and integrity of the weBoost brand. This Policy is subject to change, suspension, or discontinuation, in whole or in part, at any time by weBoost,in its sole discretion. weBoost, in its sole discretion, will not do business with any reseller who intentionally violates this Policy.
This Policy applies to all products listed on table 1.1. Products manufactured by weBoost
(the “Products”) with the exception of discontinued, close-out, or distressed merchandise. weBoost may, from time to time, announce special promotional periods during which this Policy will not apply with respect to all or some Products. See the list of MAP protected products below.
This Policy applies to all resellers of weBoost products. Each reseller remains free to establish its own resale prices, but must not (a) advertise Products at a net price that is less than the Minimum Advertised Price established by weBoost, as defined below (“MAP”), or (b) sell Products to any other person or entity which advertises Products at a net price less than the MAP established by weBoost.
MAP: The Minimum Advertised Price (MAP) for the Products shall be the weBoost
Published MSRP Price.
weBoost will monitor compliance with this Policy. In the event a reseller chooses not to follow this Policy and weBoost determines to its reasonable satisfaction that the reseller has engaged in Advertising of any Products at a net price less than the MAP price, or if it determines that Product(s) are sold by a reseller to any other person or entity which engages in Advertising of any Products at a net price less than the MAP, weBoost has the exclusive right to determine what steps to take and may, in its sole discretion and without any liability under any existing UPDATED 08/24/16 3 contracts or agreements, may suspend the supply of any Products for which the reseller’s advertisement does not comply with this Policy to the reseller or to any distributor that sells such Products to the reseller. In the event of a subsequent violation of this Policy by the reseller, weBoost may suspend the supply of all Products to the reseller or to any distributor that sells Products to the reseller.
The level of sanctions will be determined by weBoost in its sole discretion and may include indefinite termination of the business relationship with the violator. weBoost will hold resellers responsible for their customers’ compliance with this Policy; consequently, resellers should ensure that their customers who resell Products are provided a copy of this Policy. weBoost need not provide prior notice or issue warnings before taking any action under this Policy.
weBoost will act on this Policy when deemed necessary and when legal. This Policy will be uniformly enforced. In enforcing this Policy, weBoost will act at all times unilaterally, and will neither solicit, consider nor agree to any recommendation, request or demand of any other person. All matters of interpretation and application of the terms of this Policy and all matters concerning enforcement of this Policy shall remain within the sole and unilateral authority and discretion of weBoost.
This Policy does not constitute an agreement between weBoost and any reseller. Compliancewith this Policy does not evidence any kind of agreement between the reseller and weBoost.
The Director of Sales is the Administrator for this Policy and is solely responsible for responding to questions and communicating decisions about the Policy. Questions about this Policy are to be directed only to the Administrator at email@example.com. No other weBoost employee or sales representative is authorized to have any communications regarding this Policy. No weBoost employee or sales representative has the authority to modify or grant exceptions to this Policy, to negotiate this Policy or any agreement with respect to it with any reseller.
THIS POLICY ADDRESSES ONLY THE ADVERTISEMENT OF PRICES. IT DOES NOT REGULATE SELLING PRICES. RESELLERS ARE FREE TO INDEPENDENTLY AND UNILATERALLY ESTABLISH RESALE PRICES OF WEBOOST PRODUCTS. WEBOOST AND ITS EMPLOYEES HAVE NO AUTHORITY TO DEFINE WHAT RESALE PRICES MUST BE OR TO OTHERWISE INTERFERE WITH THE ESTABLISHMENT OF RESALE PRICES.
For purposes of this Policy, “advertising” means advertising or otherwise promoting the Products in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines catalogs, mail order catalogs, internet or similar electronic media including websites, forums, email newsletters, email solicitations, television, radio, and UPDATED 08/24/16 4 public signage. Website features such as “Click for price,” pre-formatted e-mail responses, automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the reseller (rather than by its customer) and constitute “advertising” under this Policy. Actual prices charged to customers may be provided by telephone, email response and product purchase confirmation web pages or communications, and such communications shall not be considered “advertising” under this Policy.
This Policy also applies to any activity which weBoost determines, in its sole discretion, is designed or intended to circumvent the intent of this Policy.
This Policy is unilateral, non-negotiable and will not be altered for any reseller. weBoost neither seeks, nor will accept, any assurance of compliance or agreement from a reseller regarding this Policy. weBoost will not discuss any conditions of acceptance related to this Policy.
weBoost MAP Protected Products
Drive 4G-X OTR
Connect 3G (Omni)
Connect 3G (Directional)
Signal 3G (12″ mag)
Signal 3G (mini mag)
Signal 3G (mini mag DC)
Signal 4G (AC)
Signal 4G (DC)
MAP Policy FAQ’s
What products are covered by weBoost’s MAP Policy?
All weBoost Models listed on the 2016 Price Sheet are covered by the MAP policy.
What advertising is included?
The focus of the MAP policy is on Internet advertising, including websites, shopping sites, banner ads, broadcast emails and other means of advertising related to the Internet.
Are there exceptions?
There are no exceptions to the MAP policy for advertising related to the Internet.
How will the MAP policy affect me as a dealer?
The MAP policy will benefit the weBoost brand and the vast majority of dealers who provide customer service, product support and build long-term relations with customers.
What if I do not meet the requirements of the MAP policy?
weBoost will unilaterally take action to correct the situation. Actions can include indefinite lack of direct access to weBoost products, indefinite lack of distribution access to weBoost products and indefinite termination of dealership or distribution.
How can a manufacturer control Minimum Advertised Price?
As a manufacturer, weBoost is simply setting limits on advertising in order to reflect the high product standards we have established with our distributors, dealers and customers.
Can weBoost discuss this Policy with me?
weBoost sales representatives are NOT permitted to discuss this Policy or make any agreements or assurances with respect to our Policy regarding reseller advertising or pricing. This also includes any consumer program or promotion that affects the MAP Products.
weBoost authorized resellers (Resellers) are NOT permitted to discuss this Policy or make any agreements or assurances with respect to weBoost (weBoost) Policy regarding reseller advertising or pricing. This also includes any consumer program or promotion that affects the below-listed MAP Products.
As a reseller, you are responsible for ensuring that your use of keywords and ad content, including trademarks and logos, does not infringe or violate the intellectual property rights of others. The reseller also agrees to indemnify weBoost for any losses suffered by weBoost as a result of the resellers’ infringement of a third party’s IP rights.
The use of weBoost logos or trademarks on any 3rd party platform, affiliate site, marketplace or online auction (i.e. Wal-Mart, Amazon, Best Buy, Sears, eBay, QuiBids, Buy.com, New Egg, Jet, etc.) is strictly prohibited without the prior express written consent of weBoost.
Resellers will not be authorized to advertise on Google Adwords or other paid search services (eg. BingAds, Yahoo!, Facebook etc.) using weBoost brands, logos or trademarks (Trademarks), including the name weBoost in any fashion. Product Listing Ads (PLA’s) and Retargeting Ads (RA’s) are an exception, logos not for use in PLA’s and RA’s. Product images with or without packaging are permitted for use in PLA’s and RA’s. (See figures 1.1 & figure 1.2) weBoost reserves the right to modify this policy in the future.
Resellers will abide by all MAP policies within ad copy, ad banners in print, online or mobile, or any other form of advertising that currently exists or may exist in the future.
weBoost reserves the right to take action with any Reseller who violates MAP policy.
weBoost reserves the right to take action with any Reseller who uses any advertising content that is inappropriate such as promotion of highly unlikely product or service claims, unsubstantiated, false or misleading claims or potentially slanderous or libelous claims.
Any uses of misleading language, vulgar language or proxies for generally accepted vulgar language are not tolerated.
Do not state or imply that you are the owner of a product or service, or have a relationship (i.e., are a certified partner) with the owner, when this is not the case.
Do not claim to provide a service that can only be provided by the actual owner of the products or service advertised.
All weBoost Trademarks may not be used deceptively, either in ad copy (print, online, mobile or other forms of advertising) or website and may not be altered in any way.
Display or destination URLs may not be used to mislead consumers.
Do not advertise in a manner that disparages or libels any competitor or competitive products or their employees, management or retailers.
Do not submit advertisements that are not of a suitable artistic or technical quality.
Do not use advertisements that may violate the rights of any person, firm or corporation.
Advertising material may not contain any material constituting or relating to a lottery, a contest of any kind in which the public is unfairly treated or any enterprise, service or product that tends to encourage, abet, assist, facilitate or promote illegal or legal gambling.
Includes any element of intellectual property without the owner’s consent to such use, including but not limited to music, mechanical, performance and synchronization rights or gives rise to any other colorable claim of infringement, misappropriation or other form of unfair competition. weBoost reserves the right to take action against anyone who violates these policies.
Resellers are not authorized to create new product listings of any kind on the Amazon Marketplace using weBoost SKUs or listings that have weBoost products in them.