Nightingale Sound Solutions, Inc (NSS)

MAP Policy

NSS, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower that the MAP.

  1. General Guidelines:
    • The products covered by this policy are listed in Exhibit A, (“MAP Products”). NSS may in its sole discretion modify this list from time to time.
    • NSS recognizes that dealers are free to make their own decisions to advertise and sell any NSS product at any price they choose, without consulting or advising NSS. Similarly, NSS will exercise its right to make its own decisions regarding the NSS Authorized Reseller Program (“CARP”), supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
    • 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.
    • NSS Believes in maintaining a well-regulated and fair marketplace for all its authorized resellers.
    • 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 NSS Products, so long as no price is listed.
    • This MAP Policy also applies to any activity which NSS 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, NSS may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, NSS 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.
    • From time to time NSS may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer's rebate, provided that:
      • the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer's rebate in the same type size and style;
      • an asterisk is placed next to the net price after manufacturer's rebate; and
      • “*after manufacturer's rebate” appears in the same area of the advertisement as the advertised product.
    • “Bundling” or advertising NSS products for sale together with other products will violate this MAP Policy when:
      • the effective or stated price of the bundle represents a discount of greater than 15% of the MAP; or
      • the product(s) bundled with MAP Products violate NSS's Intellectual Property rights; or
      • the product(s) bundled with MAP Products violate the NSS Trademark and Brand Policy (http://NSS.com/authorized-reseller-program/us/trademark-policy/); or
      • the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s); or
      • the effective or stated discount is greater than 15% of the highest priced item in the bundle.
      • Product(s) bundled with the MAP Products must not, without conspicuous warning, be:
        • technically incompatible; or
        • in the case of memory storage products, be of a speed or class that is likely to result in a degradation of quality or performance of the associated MAP Product(s) (http://NSS.com/support/articles/how-to-identify-your-microsd-card-class-rating); or
        • in the case of non-memory storage products, create or encourage additional risk of damage, bodily injury, or death to the customer if used together.
      • Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy when:
        • the effective or stated price of the bundle represents an immediate discount of greater than 15% of the MAP; or
        • the effective or stated price of the bundle represents a discount of greater than 15% of the MAP after taking into consideration any contingent future purchase.
      • Rebate programs from NSS, whether on MAP Products or NSS's partners' products are exempt from this policy.