Prospective dealers must first submit a USA dealership application, a valid state resale certificate number, and obtain approval from ProX before any purchases can be made. Click HERE for a dealer application! Collection of all State and Local taxes are the exclusive responsibility of the dealer/account holder. All dealer accounts established in the USA or any Region are prohibited from selling and shipping ProX products into Canada. Canadian dealers should contact Intellimix to get set up as authorized Canadian dealers.
All Approved ProX Dealers are expected to uphold and promote the ProX Brand in the proper, high caliber representation to which we cater to and design products for. Our clientele expects a certain standard, and we guarantee that level of excellence, and we expect our dealers to do so as well.
ProX MINIMUM ADVERTISED PRICE (MAP) POLICY
Effective June 1, 2019 (Revised 9/24/2019)
(Dealer MAP Exhibit A to Dealer Agreement)
Xstatic Pro, Inc. dba ProX Live Performance Gear® (“ProX”) has unilaterally adopted this Minimum Advertised Price (“MAP”) Policy for its distributed and manufactured products. This MAP Policy supersedes all previous ProX MAP policies.
This MAP Policy is designed to protect ProX’s brand reputation for superior technology and quality products and to protect dealer and reseller margins so that dealers and resellers are able to provide valuable pre‐sales and post‐sales services and infrastructure. ProX’s policy is to not continue doing business with dealers that advertise ProX distributed products at prices below MAP or advertise in any other way that violates this policy.
This MAP Policy governs only advertised prices. It does not apply to the price at which the ProX products are actually sold. Dealers and resellers remain free to establish their own resale prices but may not advertise below MAP.
This MAP Policy applies to all authorized ProX dealers and resellers in the United States and Canada. It applies to all advertisements or other published information or communications that reference ProX Products. Advertisements include advertising in any form of media including, but not limited to: printed flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, literature, newsletters, website, Facebook, Twitter, Amazon, eBay, Etc. or electronic media of any form except advertisements inside a brick‐and‐mortar store. Online digital advertising specifically includes any communication of price accessible by a web crawler.
Dealer partners who acknowledge, understand and promote the superior qualities differentiating ProX - Xstatic Pro, Inc. products from competitive products, have proven successful in the achievement of sales and profit goals
ProX’s MAP Policy Guidelines:
The current listing of ProX Products and applicable MAP prices are set forth in the most recent applicable price list subject to change without advanced notice. ProX authorized dealers and resellers may advertise ProX Products in the following manner without violating this MAP Policy:
- Orally stating a price (either in person or in response to an end user's call);
- Advertising of free shipping, handling or financing provided such value is not subtracted from the ProX Product to show a net price below MAP;
- Advertising without prices;
- Featuring multiple ProX Products covered by this MAP Policy in the same advertisement as long as the advertised price for each is not below the MAP; or, if bundled, the advertised price is not below the combined MAP of the advertised products;
- Bundling a ProX Product covered by this MAP Policy with a ProX product that is not covered by this MAP Policy or with a non‐ProX product (including gifts); provided, however, that the bundled price is at least 10% above the MAP. If the bundle includes a gift card or similar item, the advertisement must specify that the gift card can only be used on subsequent purchases of ProX products.
- Listing products on eBay at MAP price with the "Best Offer" enabled. This applies to eBay listings ONLY!
- A price listed that is less than $.05 (5 Cents) below MAP will not constitute a violation. This applies to all products regardless of the price of the product.
However, advertising material stating or implying the availability of a price below the MAP is a violation of this MAP Policy. Examples of such advertising include, without limitation, those showing the following:
- “add to shopping cart to see a lower price”
- “call for price” (where the MAP price appears in the advertisement)
- “e‐mail for price”
- a price showing a stricken MAP (example:
- “sale – add to shopping cart”, “enter coupon code” (unless such code expressly refers to a ProX authorized coupon)
- “prices too low to mention”
- “our manufacturer won’t let us tell you the price”
- “click here for a better price”
- “buy it now” (or comparable instant purchase price, unless such price displays the MAP both in advertising & shopping cart)
- “reserve or minimum price” (unless such price displays the MAP)
- “join our buying club” or similar enticements (unless ProX products are specifically excluded from program in writing)
- "use this coupon for all purchases" (unless such coupon excludes ProX products in writing)
Efforts to evade this MAP Policy will also be considered a violation. ProX authorized dealers or resellers may not sell ProX distributed products to any third party where the dealer or reseller has reason to believe that such ProX distributed products will be advertised, or such third party will engage in advertising, in violation of this MAP Policy. Any such sale shall constitute a violation of this MAP Policy.
MAP will not apply to items where MAP is listed as “Open” on the most recent price sheets or discontinued ProX products beginning 60 days after the date ProX announces the discontinuation. MAP also will not apply to used or refurbished products provided that any advertisement for such product conspicuously and properly designates the condition of the product as follows:
- New: any ProX Product in its sealed packaging with original labeling that has not been removed or intentionally altered in any way may be advertised as “New”.
- Refurbished: any ProX Product purchased directly from ProX that is sold by ProX in other than “New” condition must be designated as “refurbished” in all advertising. Dealer refurbished products must be listed as Used or Return as listed below.
- Used or Return: any ProX Product not in original packaging or that have been previously used for any purpose (e.g., B‐stock, C‐stock, open box, demo stock, new‐other, etc.) must be designated as “Used” or "Return" in all advertising
Each Dealer is free to decide independently whether or not to follow this MAP Policy. ProX will not discuss any conditions of acceptance related to this MAP Policy. This MAP Policy is non‐negotiable and will not be altered for any dealer or reseller. Accordingly, ProX’s decision not to deal with violations of this MAP Policy is irrevocable and will not be changed in any way.
MAP Policy updates are a unilateral policy and ProX does not ask for, and will not accept, any assurance of compliance or any agreement thereto. ProX sales personnel have no authority to modify this MAP Policy, grant exceptions to it or offer or accept any agreements to comply with it. It is the responsibility of the dealer to remain in compliance with these policies. Review often!
Monitoring and Reporting:
ProX will not review advertising in advance to determine compliance or otherwise approve any plans submitted to ProX. Nevertheless, in order to further the goals of this MAP Policy, ProX may monitor advertised prices of ProX Products, either directly or via independent third parties. Third parties retained by ProX may monitor advertisements and store/website selling conduct including, but not limited to, through the use of third-party monitoring agents, mystery shoppers, purchases of covered products, and review of advertised prices. ProX may also rely on confidential reports from dealers, distributors or end-users.
MAP Violation Implications and Penalties:
ProX will notify a ProX authorized dealer or reseller if the dealer or reseller violates this MAP Policy upon discovery. ProX reserves the right to provide a 72-hour grace period on any violation; however, a 72-hour grace period will not be provided if it's a reoccurrence of the same violation unless the error was on the part of ProX.
The dealer will have 1 to 7 days (depending on violation) to correct any and all violations of MAP Policy price postings, thereafter:
The first unresolved violation of MAP will result in the suspension of access to ProX Products for a period of 30 calendar days.
A second violation of MAP within a twelve-month period will result in the suspension of access to all ProX Products for a period of 90 calendar days.
A third violation of MAP within a twenty‐four-month period will result in the termination of the dealer or authorized reseller for a period of at least 12 months.
This version 9/24/2019 of the ProX MAP policy shall be strictly enforced!
Policy Revised September 24, 2019 (Supersedes Previous Versions)
The above is the full MAP Policies of ProX Live Performance Gear. The MAP Policies are part of the dealer relationship with ProX and may be unilaterally changed or updated at any time without advance notice.
The MAP Enforcement officer is David Wilson email@example.com violators of the MAP policies will be contacted and given an INITIAL warning in accordance with the above MAP Policies.