2021 Minimum Advertised Price Policy
The 2021 Minimum Advertised Price Policy is effective July 1, 2020 through June 30, 2021 and is enforced in USA and Canada only.
Gemini Lights is committed to delivering high-end illumination equipment for our customers. We recognize that our success is critically dependent on a distribution network – the partnerships built between us, our distributors, and our dealers.
We know that many of our distribution partners invest significant time and resources to deliver an extraordinary customer experience. We want to protect their ability to do so, and at the same time discourage price-based advertising that would be detrimental to service and support efforts. As a result, Gemini Lights has unilaterally established this Minimum Advertised Price (“MAP”) Policy for USA and Canada.
2. Policy Statement
Gemini Lights, in its sole discretion, reserves the right to discontinue doing business with any distribution partner, dealer, or reseller that advertises any product(s) covered by this MAP Policy at a price lower that the manufacturer's suggested retail price (MSRP) provided in the seasonal price list.
Advertising includes, but is not limited to the following: newspaper, magazine, catalog, radio, TV and internet to include, without limitation, websites, and 3rd party marketplaces.
3. General Guidelines
- The products covered by this policy are listed in Section 5 "MAP Products". Gemini Lights may in its sole discretion modify this list from time to time.
- Gemini Lights recognizes that dealers and resellers are free to make their own decisions to advertise and sell any Gemini Lights product at any price they choose, without consulting or advising Gemini Lights. Similarly, Gemini Lights will exercise its right to make its own decisions regarding the distribution partners, dealers, and resellers it chooses to do business with.
- The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or over the telephone.
- Gemini Lights believes in maintaining a well regulated and fair marketplace for all its authorized dealers and resellers.
4. Advertising Guidelines
- The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, apps, or any other electronic media.
- The MAP Policy does not apply to solely on premise or in-store advertising that is not distributed to customers
- Website features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, and 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 dealer (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.
- It shall not be a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price”, or to use similar language, specifically with respect to Gemini Lights products, so long as no price is listed.
- This MAP Policy also applies to any activity which Gemini Lights determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’ and the like.
- It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.
- From time to time, Gemini Lights may permit resellers to advertise MAP Products at prices lower than the MAP retail price during specific promotional periods, see Section 6 "Promotional Periods". In such events, Gemini Lights reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
5. MAP Products
The following products are covered under this MAP Policy:
- 2021 Titan 4000 OLED
- 2021 Titan 2500 OLED
- 2021 Duo 2200 Multisport
- 2021 Atlas 500 Road
- 2021 Juno 100 Road
6. Promotional Periods
Dealers may advertise any Gemini Lights product at the maximum discounted price within each of the promotion periods listed below:
|2020 Summer Clearance||July 1 – July 5
July 24 – July 26
|2020 Labour Day||September 4 – September 7|
|2020 Black Friday||November 27 – November 30|
|2020 Boxing Day||December 26 – December 31|
|2021 Valentine's Day||February 5 – February 14|
|2021 Spring Weekend||March 26 – March 28
April 9 – April 11
|2021 Mother's Day||April 30 – May 9|
|2021 Father's Day||June 11 – June 20|
Advertised discounts shall not exceed 25% off MSRP. Outside of the above promotion periods, the MAP Policy is in effect. Any promotions run outside of the above dates must receive consent in writing from Gemini Lights, 30 days in advance of promotion start date.
7. Policy Enforcement
- If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then Gemini Lights will consider this to be a violation by the dealer.
- Gemini Lights reserves the right to cancel any pending orders, restrict future orders, or suspend dealers' account if Gemini Lights reasonably believes:
- i. a dealer has violated the provisions of this policy; or
- ii. a dealer intends to violate this policy.
- Gemini Lights is solely responsible for determining whether a violation of the MAP Policy as occurred, as well as determining appropriate sanctions.
- Waivers to this MAP Policy may be granted by Gemini Lights's sole discretion in writing. In the event that Gemini Lights authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.
- Gemini Lights monitors the advertised prices of dealers, either directly or via the use of 3rd party agencies or tools. Dealers are expected to provide reasonable cooperation in any Gemini Lights investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Gemini Lights MAP Policy investigation is a violation of this MAP Policy.
- The MAP Policy will be enforced by Gemini Lights in its sole discretion and without notice. Dealers, distributors, resellers, have no right to enforce the MAP Policy. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law.