Minimum Advertised Pricing Policy (MAP Policy)
Last Modified: March 21 2015
LUCIDREAM has unilaterally instituted this Minimum Advertised Pricing Policy {“MAP Policy”}, which is designed to help maintain the long-term strength of LUCIDREAM® brand equity by helping authorized LUCIDREAM® distributors and resellers to engage in advertising that best conveys to customers the value of LUCIDREAM® products.
This policy went into effect July 30, 2015, and applies to all distributors and retailers, including catalogs and internet retailers {collectively, “Resellers”}, who resell LUCIDREAM® products to end users located in the Canada and United States and the rest of the world.
This policy is not a contract, nor an offer to form a contract. Rather, this policy describes the terms under which LUCIDREAM® may, in its sole discretion and within its rights under law, continue to supply you our products, allow you to use our valuable intellectual property, including LUCIDREAM’s well-known trademarks, trade dress, advertising and product images {LUCIDREAM® Proprietary Rights}, or to participate in any promotional, rebate or discount programs and/or carry special promotional products.
This MAP Policy shall work under the following guidelines:
Map Schedule, all prices are in USD – US Dollar.
eXo 6 $130
eXo 6+ $140
Wallet 6 $140
Wallet 6+ $150
Clip $45
Universal Mount $45
Armband $45
Resellers may sell LUCIDREAM® products at any price in their sole discretion. However, LUCIDREAM® products may not be advertised, either expressly or by implication, at a price less than the prices published on the schedule on LUCIDREAM’s website {“MAP Schedule”}. The MAP Schedule is located at“http://www.lucidream.com/map-policy”. LUCIDREAM® may amend or adjust the MAP Schedule at any time in its sole discretion. The MAP Schedule will identify the product SKU, the product name, and the MAP for those products.
This MAP policy applies to all authorized LUCIDREAM® distributors and resellers of the specified products. LUCIDREAM® products not specifically identified in the MAP Schedule are not subject to this MAP policy.
In the event this MAP policy conflicts with national or local law, the MAP will be used as the recommended resale price {RRP}. This MAP policy does not establish maximum advertised prices. All Resellers may offer LUCIDREAM® products at any price in excess of the MAP.
Advertisements:
This MAP policy will apply to all advertisements of MAP product{s}by a Reseller, including, without limitation, in-store, out of home, print, and online.
For purposes of this MAP policy an “advertisement” is defined as any and all advertisements in all media including, without limitation, inserts, newspapers, magazines, catalogs, public signage, billboards, any other print media, television, radio, email, internet websites or other e-commerce, flyers, posters, coupons, brochures, any use of hypertext transfer protocol on internal links to a web-based shopping cart and any other electronic media.
This MAP policy also applies to internet auction sites, which may not display or have reserved bids or other acceptable prices below the MAP for the particular MAP product{s}.
All advertisements of MAP products must include the LUCIDREAM® product name and a price at or exceeding the MAP.
At no time may the Reseller make any statements or other indications on its website in connection with any MAP product{s} that indicates or implies that a lower price may be found at the online checkout stage, including, but not limited to, the following:
“Click Here for Lower Price”
“See Price in Cart”
“Log-in for Price”
“Add to Cart for Lower Price”
“Check Cart for Lower Price”
“Mouse Over for Price”
“Email for a Better Price”
“Call for a Lower Price” or “Call for Price”
MAP products may only be advertised as standalone products and may not include any promotional allowances {e.g., rebates, coupons, free premiums, reward program offerings, etc.}, except for LUCIDREAM® authorized promotions.
This MAP policy does not apply to any reduced price that a Reseller wishes to place within a purchaser’s online shopping cart as a final stage of an online purchase{s}, as long as the end user enters the final stage on his/her own without any reference on the website that a lower price will be found at the final purchasing stage.
Used Goods
LUCIDREAM® defines “used goods” as product obtained by the Reseller through customer return, customer trade-in, demo units, or other means.
Used equipment can be advertised below the designated MAP only if the reseller clearly and prominently discloses that the product is “used” or “previously sold.”
Any MAP product that is advertised below the MAP price that does not include the designation “used” or “previously sold” specifically as a prominent part of the advertisement, listed with each product in the advertisement, will be considered a violation of this MAP policy.
Monitoring and Reporting
LUCIDREAM® may engage in monitoring of advertised prices of MAP products, either directly or via the use of third parties retained by LUCIDREAM®. Third parties retained by LUCIDREAM® may engage in monitoring of Reseller advertisements and website advertising including, but not limited to, review of advertised prices.
This MAP Policy is solely within LUCIDREAM’s discretion and authority acting through its duly authorized managers. No employee or sales representative of LUCIDREAM® has any authority to discuss, modify, or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid.
All questions about this MAP Policy should be in writing and directed via Registered Mail to LUCIDREAM® MAP Policy Administrator, Lucidream, 5520 Rene Huguet St. Montreal, Quebec, H8T1N1 Canada or via email to legal@LUCIDREAM.com. The MAP Policy Administrator is solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Resellers regarding the policy, and receiving any communications regarding sanctions imposed under this MAP Policy. Any action taken by LUCIDREAM® under this MAP Policy shall be without liability to LUCIDREAM®.
Intentional and/or repeated failure to abide by this MAP policy will result in sanctions unilaterally imposed by LUCIDREAM®. The level of sanctions will be determined by LUCIDREAM® in its sole discretion and may include indefinite termination of dealership or distributorship. LUCIDREAM® need not provide prior notice or warnings before taking any action under this MAP policy.
Distributors of LUCIDREAM® products will supply a copy of this MAP Policy to any new or existing Reseller for their records.
Changes to MAP Policy
LUCIDREAM® may change or cancel this policy at any time. LUCIDREAM® may choose to offer special promotions on certain products. In such event, LUCIDREAM® reserves the right to modify or suspend this MAP policy in whole or in part by notifying all Resellers of the duration and nature of the change.
LUCIDREAM® further reserves the right to adjust the MAP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers.
Confidentiality
The terms of this MAP Policy are confidential and should not be disclosed to other parties. LUCIDREAM® will not discuss any conditions of acceptance related to this MAP policy, as it is non-negotiable, and will not be altered for any reseller.
RETURNS & EXCHANGES
We stand behind our products and our customer service. If you are not completely satisfied with your purchase from LUCIDREAM.com, you may return or exchange products purchased off of our website within 30 days from the date of receipt.
HOW TO RETURN YOUR PRODUCT
For all purchases online at LUCIDREAM.com you can return or exchange products by contacting our customer service team.
- Email info@lucidream.com with your order number, which our team will use to track your return.
- Our team will email you complete instructions to return by mail.
- All returned items must be in original condition and return shipment must include the WEB order number, customer name, and email address.
- We are not responsible for lost or damaged packages.
- We will refund shipping costs only for items that violate our warranty policy. See https://www.lucidream.com/warranty.
- Refunds are issued to the original method of payment used in your purchase.