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Submission of this form is pending review and approval is not guaranteed. Any changes to the information submitted must be communicated to Beyerdynamic.
Please note that MAP Pricing can change without notice. Please always update MAP pricing from your Ingram Micro feed.
beyerdynamic has an established this Minimum Advertised Price (MAP) Policy (this “MAP Policy”) applies to all beyerdynamic products (“Products”).

Purpose: beyerdynamic actively supports the advertising and promotion of Products by its US-based "Authorized" dealers and distributors. beyerdynamic has built a strong reputation and following among consumers. beyerdynamic has determined that it does not support advertising or promotional materials, cooperative advertising or otherwise, advertisements or promotional materials that have the effect of diminishing or detracting from the perceived value of Products.

This MAP Policy has been established by beyerdynamic to help ensure the legacy of beyerdynamic as a top producer of high performance, high quality, professional products and to protect the reputation of its name and products. This MAP Policy is also designed to ensure our dealers and distributors have the incentive to invest resources into services for beyerdynamic customers.

The binding provisions of this MAP Policy are as follows:

1. Affected Territory. This MAP Policy applies only to dealers and distributors who advertise Products (as defined in Section 2 below) for sale or re-sale to any person in the U.S.A. and territories of the U.S.A. (such as, without limitation, Guam, Puerto Rico, U.S. Virgin Islands, Northern Marianas, and American Samoas).

2. Affected Products. The Products that are subject to this MAP Policy are listed in the beyerdynamic price sheet, price addendums, or other official beyerdynamic schedules for dealers and distributors (“Price List”). The Price List for Products is established unilaterally by beyerdynamic and may be adjusted by beyerdynamic at its sole discretion at any time. beyerdynamic does not cooperate or coordinate with any of its dealers, distributors, or competitors for purposes of adopting, revising, or enforcing this MAP Policy. This MAP Policy has been adopted, and if necessary will be revised and enforced, solely by beyerdynamic in its sole discretion. For purposes of this MAP Policy:
• “dealer” or “Dealer” means any person who (i) purchases (or purchased) any Product either (A) from a distributor or (B) directly from beyerdynamic and (ii) sells, offers, or solicits to offer any Product to any end-user of such Product and such end-user’s location for its receipt of such Product is in the affected territory.
• “distributor” or “Distributor” means any person who (i) purchases (or purchased) any Product directly from beyerdynamic and (ii) sells, offers, or solicits to offer any Product to a dealer or a sub-distributor (as defined below) whose principal place of business or location for its receipt of the Product is in the affected territory.
• “sub-distributor” means any person who (i) purchases (or purchased) any Product directly from distributor and (ii) sells, offers, or solicits to offer any Product to a dealer whose principal place of business or location for its receipt of the Product is in the affected territory. Except for the reference of “sub-distributor” in the definition of “distributor” and except as otherwise specifically referenced, the term “distributor” includes a “sub-distributor” for purposes of this MAP Policy.

3. Applies to all Advertising, regardless of Media. This MAP Policy applies to all advertisements of 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, television, radio, and public signage.

4. Affects Advertising, not Pricing. This MAP Policy applies only to advertised prices and does not apply to the price at which the Products are actually sold to any person.
Each dealer and distributor remains free to sell Products at any prices that such dealer and distributor determines in its sole discretion.

This MAP Policy prohibits each dealer and distributor from advertising any Product for less than the respective price for that Product in the Price List, under the column captioned “MAP Price” (or any reasonably similarly captioned column in the Price List).

In addition, this MAP Policy prohibits each dealer and distributor from advertising any Product as “Free” (hereafter interchangeable with “free” or any reasonably similar-meaning word, regardless of whether any letters are capitalized) or discounted (by coupon or any other means, whether or not in conjunction or in reasonable proximity with any other Product or any product or service of another person) if the effect of such advertisement is such that the advertised price for such Product is “Free” or less than the respective price for that Product in the Price List, under the column captioned “MAP Price” unless: (i) the advertised price for such “Free” or discounted Product conspicuously displays in reasonable proximity to such Product the respective price for that Product in the Price List, under the column captioned “User MAP Price,” or (ii) such “Free” or discounted Product appears on a webpage (such as a “checkout” page on a dealer or distributor’s e-commerce website) that displays the information and contemplates the last action necessary to acquire the “Free” Product or purchase the discounted Product (provided that the dealer or distributor has taken commercially reasonable steps to ensure that such webpage is secure and displayed solely for consummating a bona fide transaction (as opposed to such webpage being available to a bot or a webcrawler searching for the dealer or distributor’s final price for such Product)).

In addition to the two exceptions set forth in clauses (i) and (ii) above, this MAP Policy does not limit any dealer or distributor to advertise that (A) such dealer or distributor “has the lowest prices” or “will meet or beat any competitor’s price” or (B) consumers “call for a price” (or “call or e-mail for the lowest possible price”) or phrases of similar meaning or intent—as long as the advertised price for the Product is not less than the respective price for that Product in the Price List, under the column captioned “MAP Price.”

This MAP Policy does not establish maximum advertised prices. All dealers and distributors may offer any Product at any price in excess of the respective price for that Product in the Price List, under the column captioned “MAP Price.”

5. Unilateral Adoption and Amendment. From time to time beyerdynamic may discontinue models or engage in promotions with respect to any Product. In such circumstances, beyerdynamic reserves the right to modify or suspend this MAP Policy with respect to the affected Product by notifying all of its dealers and distributors of such modification or suspension. In addition, beyerdynamic reserves the right to adjust the price for any Product in the Price List with respect to all or certain products at its sole discretion upon 7 days advance written notice to its dealers and distributors, provided that such changes shall apply equally to all beyerdynamic dealers and distributors

6. Non-Compliance. Intentional and/or repeated failure to abide by this MAP Policy may result in termination of beyerdynamic’s business relationship with any dealer or distributor. beyerdynamic does not engage in business with dealers or distributors who degrade the image or goodwill of beyerdynamic or any Products. Accordingly, after beyerdynamic is informed that any of its dealers or distributors is in violation of (or violated) this MAP Policy
(as amended or in effect from time to time), beyerdynamic may take the following actions
(in addition to any other action that beyerdynamic deems reasonably necessary to protect the image and goodwill of beyerdynamic and any Product in light of the particular circumstances):
(i) With respect to any dealer or distributor with whom beyerdynamic has a direct business relationship and such dealer or distributor fails to comply with or otherwise violates this MAP Policy:

(A) If it is a dealer’s or distributor’s first violation, beyerdynamic will deliver to such dealer or such distributor a written notice of such (and a reasonable description of the underlying) violation and that subsequent violations by such dealer or such distributor may result in additional negative consequences.

(B) If it is a dealer’s or a distributor’s second violation, beyerdynamic (in its sole discretion) may cancel (i.e., not honor) such dealer’s or such distributor’s then-existing purchase orders and any purchase orders submitted within the 45 calendar days following the date on which notice of such second violation is delivered.

(C) If it is a dealer’s or a distributor’s third violation, beyerdynamic (in its sole discretion) may terminate such dealer’s or such distributor’s status as an approved/authorized dealer/distributor permanently (or for any shorter period of time).

(ii) With respect to any non-compliance or violation of this MAP Policy by a distributor’s sub-distributor or a distributor’s dealer, such non-compliance or violation of this MAP Policy will deemed to be direct non-compliance or a direct violation of this MAP Policy by the distributor from which such sub-distributor or such dealer purchased the Products..

Accordingly, each distributor should ensure that its sub-distributors and its dealers are aware of and very familiar with this MAP Policy and its provisions.

For purposes of the provisions of this MAP Policy (as amended or as in effect from time to time) pertaining to non-compliance or violation of this MAP Policy, the defined term “dealer” and “distributor” shall include the following with respect to each such dealer or such distributor: each principal, each affiliate, each spouse or child (by birth or adoption), each business entity in which any principal is an agent, employee, partner, shareholder, member, consultant, lender, independent contractor, or has any other business relationship with such principal.

7. Confidentiality. The terms of this MAP Policy are confidential and their disclosure to other parties, except as required by law, is prohibited.

8. Superseding Effect. This MAP Policy supersedes any previous or contemporaneous minimum advertised price policies of beyerdynamic, whether they were implied or set forth in writing.
By typing your name below, you are agreeing to the above terms and conditions and understand that any violation may result in immediate termination of further Beyerdynamic purchases.
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