SPAL USA MINIMUM ADVERTISED PRICE POLICY (Effective August 1, 2025)
To help ensure the goodwill and reputation of SPAL USA and its products, SPAL USA has established a Minimum Advertising Policy that consists of Internet Advertising and Sales guidelines. This Policy applies to all SPAL USA distributors, wholesalers, retailers, dealers and other resellers located in the United States (collectively, the “Resellers”). This Policy is a necessary component to reduce or minimize distribution channel conflicts and to ensure that its SPAL line of products is supported with aggressive marketing, prominent merchandising and product displays, pre-sale and post-sale customer service, education and stocking of sufficient product inventories to adequately service the local market. This Policy is subject to change at any time by SPAL USA in its sole and absolute discretion.
POLICY APPLICATION
This Policy applies to all Resellers of SPAL USA products who now or hereafter directly sell SPAL products on the internet or who resell any SPAL products to one or more companies operating an internet website on which they sell, or intend to sell, SPAL products.
POLICY
This policy establishes advertised price standards for SPAL USA products. Refer to the MAP Price List for a complete list of part numbers covered by the policy. Online advertising of SPAL USA products to the general public must comply with the Minimum Advertised Price policy to be eligible for use of the brands’ logos, trademarks and especially continued rights to distribute the product.
MAP applies only to minimum advertised prices to the consumer and does not apply to the price at which the products are sold. This MAP policy does not establish maximum advertised prices. All dealers, distributors, resellers and secondary distribution may offer SPAL USA branded products at any price more than the MAP established for such a product.
This MAP policy covers all SPAL USA “Resellers” selling into the United States of America. Although resellers remain free to establish their own resale prices, SPAL USA will, without assuming any liability, unilaterally impose sanctions as described in this policy against resellers who advertise the covered products at prices below those specified herein. SPAL USA will not discuss any conditions of acceptance related to this MAP policy, as it is non-negotiable and will not be altered by any reseller. SPAL USA neither solicits nor will it accept any assurance of compliance with this MAP policy.
This Policy applies to all products and accessories manufactured and distributed under the SPAL® brand name (Fans, Blowers, and Accessories). It does not apply to discontinued, closeout or distressed merchandise, or to special over-stock promotions as announced by SPAL USA.
SPAL USA may also, from time to time, announce promotional periods during which the Policy will not apply with respect to all or some Covered Products. Product bundle advertisements that include
both SPAL and non-SPAL products must include separate product pricing for each product component included in the bundle and each SPAL product must have an advertised price within the SPAL guidelines.
No SPAL USA employee or sales representative has any authority to modify, alter, or negotiate this Policy or any agreement with respect to it with any Reseller.
ENFORCEMENT
SPAL USA will enforce this policy through its own staff and outside consultants and agents. This MAP Policy will be uniformly enforced. SPAL USA will unilaterally make all determinations relating to a violation of the MAP Policy in its sole satisfaction. All violations are subject to review and approval by the SPAL USA team. There will be no negotiations or appeals. There are no exceptions to the policy. A Reseller must be fully responsible for its advertising, and SPAL USA does not have the resources to determine whether a violation is intentional or accidental.
VIOLATIONS
A “Violation” of the “Minimum Advertised Price Policy” occurs when a price for Covered Products is displayed on any internet site that is below the published MAP price. This includes using any on-line or internet ads, campaigns, or social media with respect to the sale of Covered Products as well as sponsored links and websites operated by, affiliated with, and/or linked to the Internet Reseller’s website(s). The definition of price includes any price discounts displayed after a product is added to the cart.
Website features such as “click for price”, automated “bounce-back” pricing emails, pre-formatted email responses, forms, and automatic price display for any items prior to being placed in customer’s shopping cart, and other similar features are considered to be communications initiated by the Reseller (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.
SPAL USA recognizes that violations may be inadvertent violations and will take that into consideration during its investigation of a potential violation. If, after conducting an investigation, it is determined that a Reseller directly or indirectly has engaged in Internet Advertising of any Covered Products, at a resale price less than the MAP price, SPAL USA, in its sole discretion, may take the following actions:
If the Reseller corrects the violation within five (5) business days after notification by SPAL USA in writing of a violation of the MAP Policy, SPAL USA will treat the violation as inadvertent and likely will take no further action unless circumstances indicate otherwise (such as repeat violations).
If the Reseller fails to correct the violation within five (5) business days, SPAL USA may suspend sales of all SPAL® products to the Reseller for a minimum period of thirty (30) calendar days.
If the Reseller corrects the violation within the 30-day suspension period, SPAL USA may treat the violation as inadvertent or resolved, and reinstate Reseller after the thirty (30) day suspension. If the violation is not corrected within the thirty (30) day suspension period, SPAL USA may unilaterally cease selling to the Reseller and revoke all rights, implied or granted, of the Reseller to use any SPAL intellectual property including but not limited to the SPAL name, logo, trademark or copyright symbol, any description, part number, image, or other material regarding any SPAL product in any manner or medium.
This Policy is not intended to restrict SPAL USA’s rights to manage its distribution channels, nor to make and change its decisions regarding Resellers and others with whom it will do business. Among other things, depending on the severity of the violation and the response of the Reseller when advised of a violation of this MAP, SPAL USA may deem it appropriate to bypass some or all the steps above and immediately cease doing business with the Reseller.
Additional Parameters
SPAL USA reserves the right to maintain a Do Not Sell List of Unauthorized Resellers. Any Unauthorized Reseller or customer who purchases from an Unauthorized Reseller will not be eligible for warranty coverage.
CORRESPONDENCE
All questions or comments regarding this Authorized Online Reseller Policy must be directed to the SPAL MAP Enforcement team, in writing, at: us.mapenforcement@SPAL.com
Thank you for your cooperation,
The MAP Enforcement Team
SPAL AUTOMOTIVE USA, Inc.
1731 SE Oralabor Road
Ankeny, IA 50021
Email: us.mapenforcement@SPAL.com
