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Internet Minimum Advertised Price (IMAP) Policy


Nivel Parts and Manufacturing Co., LLC is dedicated to producing the highest quality golf car accessories for use by commercial and private consumers. Nivel has a positive and beneficial relationship with its Dealers and actively supports their efforts to advertise and promote Nivel products.

To protect the investment of our valued Dealers, Nivel has established an Internet Minimum Advertised Price Policy ("IMAP Policy"). This IMAP Policy is designed to:

  • Protect Dealer margins
  • Support and preserve the reputation and value of the Nivel brands
  • Avoid channel conflicts regarding advertised prices

Nivel is confident that this program will strengthen its competitiveness and benefit all of its Dealers.

Policy Coverage

This IMAP Policy covers the online advertising practices of all Nivel retailers and distributors (collectively "Dealers") located in the United States.

The Policy applies to select SKUs for these Nivel brands:

  • Jake's Lift Kits
  • Madjax
  • MJFX
  • Innova Electronics

This Policy is effective August 1, 2017, and will supersede the MSRP Policy for individual Nivel brands.

This policy is not intended to control, influence, determine, restrict or limit in any way the price at which any Nivel dealer may sell Nivel products. This policy is strictly limited to restrictions on advertising. Each dealer remains entirely free to determine its own resale price for all Nivel products.

For the purpose of this Policy, "advertising" includes, but is not limited to, any and all advertisements, announcements and communications, information and publications generated, developed, produced or distributed by or on behalf of a dealer on internet websites (including without limitation, any website owned or operated by or on behalf of a dealer, third party websites, websites of any affiliates of a dealer, banner advertisements and pages that follow banner advertising upon a "click-through").

Any product advertised for sale on any website or commercial marketplace must be directly controlled by the Nivel dealer. Once the pricing is associated with an actual purchase (an internet order), the price becomes the selling price and is not bound by this IMAP Policy.

A statement that requires the customer to initiate an inquiry about a price, such as "we will match any price" or "email for price" and "call for price" is acceptable. However, such website features as "click for price", automated "bounce-back" pricing emails, pre-formatted e-mail responses, forms, automatic price displays 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 dealer rather than by the customer, and this constitutes "advertising" under the IMAP Policy.

Furthermore, extra fees and/or costs, such as shipping costs or transactional fees, will not be considered when determining whether a dealer is in compliance with this Policy. For example, if a product's IMAP is $99.99, a company would be in violation of this Policy if they were to advertise the product for $89.99 with an additional $10 for shipping cost or another type of fee. However, a company is still permitted to offer "free shipping" or include extra fees or costs in addition to the product's IMAP.

This IMAP Policy also applies to any activity which Nivel determines, in its sole discretion, is designed or intended to circumvent the intent of this IMAP policy, such as solicitations for "group purchases" or "bundling." "Bundling" or the inclusion in advertising of free or discounted products (whether made by Nivel or another manufacturer) with a product covered by the IMAP Policy would be contrary to the Policy if it has the effect of discounting the advertised price of the covered product below the IMAP.

This Policy does not determine what price a product is actually sold for. Moreover, this IMAP Policy is not applicable to any advertising that is displayed only in-store and not distributed to any customers. Nivel products not specifically identified in this Policy are not subjected to IMAP.

Product Availability

For a list of products that fall under this applicable IMAP Policy, please see Nivel's corresponding Nivel Master Product Listing document that specifically outlines IMAP products. Product exclusions for this IMAP Policy include, but are not limited to, service parts, commodities, tires and wheels.

From time to time, "amnesty" periods may be defined by Nivel, allowing Dealers to advertise IMAP products below IMAP pricing. These intervals will be communicated via email, written correspondence, and/or internet posting.

Value-Added Incentives

Nivel has established policies that allow Dealers to earn the profits necessary to maintain the high level of customer satisfaction people have come to expect from Nivel. Dealers are permitted to offer “value-added” incentives in advertisements for Nivel products that increase the value and experience to the customer, as long as no mention of the monetary value is indicated for these value-added offers. Value-added offers that qualify are as follows:

  • Free shipping
  • Free installation
  • Dealer specific loyalty or rewards programs
  • Customer service / sales support
  • Technical support and training

Violations of IMAP Policy

  • Using statements or phrases that are misleading or arbitrary when advertising a product
  • Advertising that offers or implies a price lower than the applicable IMAP or that has the effect of reducing the advertised price below the applicable IMAP
  • Advertising IMAP products at a net retail sales price less than the current IMAP retail price
  • Any arrangement whereby a non-authorized third-party will conduct the internet/marketplace sales for a dealer without Nivel's prior written consent
  • Bundling products with a product covered by the IMAP, resulting in discounting the advertised price of the covered product below the IMAP
  • Any advertisement that includes discounts, rebates, coupons, or offers with similar price reductions that serve to reduce the advertised price below the IMAP, whether this reduction is stated as a specific dollar amount or more generally as a reduction from the Policy, e.g. "10% off list price," "price slashed" or "blowout prices"

Acceptable Under the IMAP Policy

  • In-store advertising, in-store displays, in-store banners or in-store price markings for new and unused Nivel products, and signs posted within a Dealer's store and on the exterior of the dealership facility and surrounding parking lot
  • Advertising Nivel products on the site of a local event or trade show
  • E-mails, text messages, letters, and quotes from a Dealer addressed to an individual customer in connection with that customer's inquiries, specific expressions of interest or business with the dealership
  • Web pages that represent the consumer's final point of purchase of a product, e.g. the shopping cart
  • Advertising of Nivel products not included in this IMAP Policy
  • Advertising on a Dealer's website that encourages customers to "call for a price" or "click for price via return e-mail," provided that the phrase does not in itself advertise a price reduction from this IMAP Policy
  • Advertising without any reference to price
  • Retail promotions that a Dealer is allowed to advertise according to the terms provided by Nivel. It is the Dealer’s responsibilty to review the terms of each promotion before proceeding
  • Advertising the price of used and/or non-current Nivel products

Non-Compliance

Nivel will monitor and randomly sample Dealer advertisements in Dealer market areas. Nivel sales and support representatives are not authorized or permitted to discuss or answer questions about the enforcement and/or non-compliance of any other Dealer. Non-compliance of the guidelines set forth in this Policy will result in penalties of increasing severity.

The following penalties outlined are actions that will take place within a twelve-month period for violating Nivel’s IMAP Policy:

  • Formal written warning delivered via U.S. mail
  • Second written warning delivered via U.S. mail, plus loss of tier pricing discount. In addition, we will review any contract pricing and reserve the right to change or rescind the agreement.
  • A third offense of the Nivel IMAP policy will result in loss of access to one or more product categories or brands for 180 days.

Communications & Amendments

Nivel will communicate with its Dealers via email, written correspondence, and/or internet posting concerning any change to this policy. Nivel reserves the right, at its sole discretion, to modify, amend, suspend or cancel this Policy in whole or in part or designate promotional periods during which the terms of the Policy change or designate periods of time during which the Policy is not acceptable. Amendments to this Policy will not apply to any Dealer advertising that has already been prepared and is scheduled for delivery within thirty (30) days after the date that Nivel gives the Dealer notice of the amendment. Nivel also reserves the right to revise the applicable IMAP under this Policy, at its discretion, at any time without advance notice.

Inquiries

Policy modification shall be available at www.nivelparts.com/pages/imap-policy. Any inquiries or comments regarding this Policy should be emailed to IMAPviolations@nivelparts.com. Questions about whether a planned advertisement complies with this Policy should be directed to Nivel at 866-410-5297.

Frequently Asked Questions (FAQs)

  • When will the IMAP Policy take effect?
  • This IMAP Policy will be in effect beginning August 1, 2017 with a (30) day grace period for dealer implementation.
  • Does the IMAP Policy dictate the price at which I can sell Nivel brands?
  • No, the IMAP Policy is not intended to control, influence, determine, restrict, or limit, in any way the price at which a Dealer may sell Jake’s Lift Kits, Madjax, MJFX, and/or Innova Electronics brands.
  • What kinds of advertisements are covered by the IMAP Policy?
  • All advertisements as defined in the IMAP Policy.
  • When can I advertise products at a discount without violating the IMAP Policy?
  • Only during defined “amnesty periods” as set forth in the IMAP Policy.
  • Where should questions or comments regarding the IMAP Policy be directed?
  • Any questions or comments regarding this Policy should be emailed to IMAPviolations@nivelparts.com.
  • Does the IMAP Policy allow advertising of free shipping?
  • Yes, a company is still permitted to offer “free shipping” or include extra fees or costs in addition to the products IMAP.
  • Can I report violations of the IMAP Policy from other Dealers to my sales representative?
  • Any questions or comments regarding this Policy should be emailed to IMAPviolations@nivelparts.com.
  • Can hang-tags on products in my showroom show a price lower than the MSRP?
  • This IMAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customers.
  • Will the IMAP Policy ever change?
  • Nivel reserves the right, at its sole discretion, to modify, amend, suspend or cancel this Policy in whole or in part or designate promotional periods during which the terms of the Policy change or designate periods of time during which the Policy is not acceptable.
  • How will I know if and/or when the IMAP Policy changes?
  • Nivel will communicate with its dealers via email, written correspondence, and/or internet posting concerning any change to this Policy which may occur.