Portland Design Works MAP Policy and Online Sales Agreement
Thank you for applying to become a PDW Authorized Dealer! Please read through our MAP Policy and Online Sales Agreement. Once you have agreed to both of these policies we will be able to get your account up and running!
Dealer Online Sales Policy for PDW Products
- The Authorized Dealer must operate a brick and mortar physical shop (provided, PDW may make specific exceptions in writing) in order to present PDW products and service its customers appropriately.
- Dealers are prohibited from using third party marketplace platforms (3P) for the display, promotion, sale, or fulfillment of any PDW product. Third party marketplace platforms (3P) include, but are not limited to, Amazon, eBay, Sears, Newegg, Jet and Walmart.
- Authorized Dealer's website shall be operated under a site name that incorporates its full operational business name (i.e. the name under which the Authorized Dealer operates its brick and mortar store). The site name shall prominently appear on the home page of the Authorized Dealer's website.
- The Authorized Dealer's contact details comprising at least a valid registered office address, telephone and email shall be clearly visible on the home page of the Authorized Dealer's website.
- The Authorized Dealer shall not use intellectual property of PDW in any way, whether in a domain name or in the content of the Authorized Dealer's website or any other website, without the prior written consent of PDW.
- The Authorized Dealer shall only sell the PDW products directly from the Authorized Dealer's website and shall not link to third party web sites for product sales or fulfillment (i.e., directing consumer traffic to Amazon.com is not permitted unless otherwise approved in writing by PDW). PDW reserves the right to approve any third party data feeds on the Authorized Dealer's website. Third party links without written approval from PDW constitutes a violation of this agreement.
- PDW reserves the right to set (or to not set) a minimum purchase amount of PDW products to be purchased by Authorized Dealers for online sale.
- PDW reserves the right to make its own independent decision regarding a specific dealer’s status as an Authorized Dealer at any time.
- The MAP for all PDW products is listed as "MAP" on PDW price lists for dealers and distributors. MAP pricing is established by PDW for all PDW products and may be adjusted by PDW at its sole discretion.
- The MAP policy applies to all advertisements of PDW products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, internet or similar electronic media, television, radio, and public signage. Web features such as “Click for price," automated “bounce-back” pricing e-mails, 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 the customer) and constitutes "advertising" under this MAP Policy. This MAP Policy also applies to any activity which PDW determines in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy.
- The MAP policy is not applicable to any in-store advertising that is not distributed to any customer.
- The inclusion in advertising of free or discounted products (whether made by PDW or another manufacturer) with a product covered by the MAP policy would be contrary to the policy if it has the effect of discounting the advertised price of the covered product below the MAP.
- MAP applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the dealer’s retail location or over the telephone. PDW dealers and distributors remain free to sell these products at any prices they choose.
- MAP does not establish maximum advertised prices. All dealers and distributors may offer PDW products at any price in excess of the MAP established for such product.
- PDW’s MAP policy does not in any way limit the ability of any dealer to advertise that “they have the lowest prices” or, they “will meet or beat any competitors price”, that consumers should “call for a price” or phrases of similar import as long as the price advertised or listed for the products is not less than MAP.
- From time to time PDW may discontinue models or engage in promotions with respect to certain products. In such events, PDW reserves the right to modify or suspend the MAP with respect to the affected products by notifying all Authorized Dealers via email of such change. PDW further reserves the right to adjust the MAP with respect to all or certain products at its sole discretion upon 7 days advance notice to Authorized Dealers.
- Intentional and/or repeated failure to abide by this policy will result in termination of Authorized Dealer status.
Minimum Advertised Pricing (MAP) Policy
We at PDW have worked extremely hard to build a quality brand that gets people excited about everyday cycling. To ensure the integrity of the PDW brand, maintain our high level of customer satisfaction and to support and encourage our dealers to promote and invest in the sales and service of our products, PDW has adopted a MAP Policy.
Promoting PDW Products primarily on the basis of price can be detrimental to dealer customer support efforts, as well as PDW’s reputation, overall market position and brand loyalty. PDW has unilaterally adopted this MAP Policy in an effort to better support our dealers and the PDW product line. This policy is not an agreement or an offer to form an agreement. PDW is not requesting and will not accept any agreement regarding a retailer’s compliance with this MAP policy. PDW unilaterally reserves the right to cease doing business with any dealer that intentionally fails to adhere to this MAP Policy.