Frequently Asked Questions

Policies in the Progress Mfg. Inc. Brand Protection Program apply to all Authorized Progress Mfg. Inc. Reselling Customers, including Distributors, Resellers, and Retailers.

Progress Mfg. Inc. has implemented the Brand Protection Program with its Minimum Advertised Price and Authorized Reseller Policies, to protect the Equal-i-zer® and Fastway® brands and encourage the customer service that goes along with them. Our Brand Protection Program will also assist us in identifying and taking action against unauthorized sellers who are harming consumers through the sale of poor-quality products that lack the support and technical assistance our authorized dealers provide.

The Progress Mfg. Inc. Brand Protection program includes the Authorized Reseller Policy and the Minimum Advertised Price Policy. These policies work together to protect the Equal-i-zer® and Fastway® brands, to ensure Authorized Resellers are following Progress Mfg. Inc. guidelines and requirements to foster positive customer service, and to clarify authorized sales practices to customers and on the internet.

Authorized Reseller policies are effective October 15, 2018 and the Minimum Advertised Price (MAP) policy is effective December 3, 2018. These policies will remain in effect until Progress Mfg. Inc. notifies their Authorized Distributors, Resellers, and Retailers otherwise.

The unilateral Minimum Advertised Price Policy (MAP) applies to all authorized Progress Mfg. Inc. resellers in the United States of America. The MAP Policy was created to protect Progress Mfg. Inc.'s trade reputation as well as the Fastway® and Equal-i-zer® brands and image within the target consumer population. According to the MAP policy, Resellers may advertise Progress Mfg. Inc. products at or above MAP pricing and sell Progress Mfg. Inc. products at any price they deem appropriate. A list of Progress Mfg. Inc. products subject to MAP pricing is found on the Brand Protection website, located under MAP Pricing.

Progress Mfg. Inc. reserves the right to update, revise, suspend, terminate, reinstate, or modify policies in the Brand Protection Program. Changes to the Authorized Reseller policy, the Minimum Advertised Price policy, and the list of products covered by the MAP policy will be posted on the Progress Mfg. Inc. Brand Protection website at https://bpp.progressmfg.com. All Authorized Progress Mfg. Inc. reselling customers are responsible for regularly monitoring this website for updates. If Progress Mfg. Inc. changes the MAP on any product, it will provide at least 30 days’ notice to resellers before such change takes effect.

Our Brand Protection Program is designed to protect the long-term integrity of the Fastway® and Equal-i-zer® brands for the benefit of consumers and our authorized dealers. Among other benefits, the Brand Protection Program will assist us in combatting product diversion and removing unauthorized dealers that erode the value of our brands through the sale of damaged, poor-quality, or even counterfeit products. In addition, by requiring authorized dealers to take steps to ensure product quality and provide the high level of customer support that is integral to the reputation of the Fastway® and Equal-i-zer® brands, the Brand Protection Program will ensure that our brands remain strong in the face of a rapidly changing, e-commerce driven retail environment.

All Authorized Progress Mfg. Inc. Customers (Distributors, Resellers, and Retailers) are prohibited from marketing or offering for sale Progress Mfg. Inc. products on or through third-party marketplace websites (i.e. Amazon and eBay) without the prior written consent of Progress Mfg. Inc. Such consent is granted solely through execution by Progress Mfg. Inc. of the Third-Party Marketplace Authorized Online Seller Agreement. To learn more about this agreement, please contact our Brand Protection Administrator at map@progressmfg.com.

Authorized Progress Mfg. Inc. Customers are allowed to sell on the internet through permissible websites. A permissible website must include the following:

• Operated by Distributor, Reseller, or Retailer in their legal name
• Full legal name and contact information is clear and visible
• Does not give appearance the website is operated by Progress Mfg. Inc.
• Does not include in its domain name any Progress Mfg. Inc. trademark or product name nor a misspelling of any Progress Mfg. Inc. trademark or product name
• Can only use pictures and images supplied or authorized by Progress Mfg. Inc. in conformance with guidelines provided by Progress Mfg. Inc.

No. Resellers, Retailers, and Distributors are not allowed to sell products of Progress Mfg. Inc. to third-party marketplace resellers such as, but not limited to, Amazon, eBay, Jet, Walmart, etc. without prior written consent. As stated in the Authorized Selling Customer policies (including Distributors, Resellers, and Retailers), any sales of Progress Mfg. Inc. products by Authorized Reselling Customers to third-party marketplace entities (including, but not limited to, Amazon.com, eBay.com, or Jet.com) are prohibited.

MAP means Minimum Advertised Pricing and MSRP means Manufacturer’s Suggested Retail Price pricing. With computerization of pricing and price calculations and the influence of the internet, over the years MSRP has come to mean less to resellers and consumers. We will continue to publish an MSRP for our products, but it may or may not match MAP.

The Minimum Advertised Price (MAP) Policy applies only to advertised prices and does not affect the prices a reseller may charge for Progress Mfg. Inc. products. Resellers are free to sell Progress Mfg. Inc. products at any price they choose to be appropriate.

While resellers remain free to sell Progress Mfg. Inc. products at any price they deem appropriate, it is a violation of the Progress Mfg. Inc. Minimum Advertised Price policy for a reseller to advertise any Progress Mfg. Inc. product at a price lower than the MAP price for that product.

Violation of the Progress Mfg. Inc. MAP policy includes advertisement of pricing for Progress Mfg. Inc. products such as:

• Offering coupons, discounts, rebates, or other inducements at a price lower than MAP, including through a use of a storewide sale, promotional code, or other similar provision that can be applied to Progress Mfg. Inc. products.
• Bundling Progress Mfg. Inc. products with other products or services in a manner that results in below-MAP pricing for the bundled Progress Mfg. Inc. product.
  

Progress Mfg. Inc. will take the following actions against any reseller that fails to comply with the MAP policy:

• For a reseller’s first violation of the Policy, Progress Mfg. Inc. will provide a written notice to the reseller regarding the violation.
• For a reseller’s second violation of the Policy during a 12-month period, Progress Mfg. Inc. will place the account on shipping hold for thirty (30) days.
• For a reseller’s third violation of the Policy during a 12-month period, Progress Mfg. Inc. will place the account on shipping hold for ninety (90) days.
• For a reseller’s fourth violation of the Policy during a 12-month period, Progress Mfg. Inc. will terminate its business relationship with the reseller.

Authorized Progress Mfg. Inc. Resellers agree to the terms and conditions of the Authorized Reseller policies.

These terms include, among other things:

• Selling products only to end users

• Selling products online only on a “permissible website”
• Refraining from marketing or selling products on or through publicly accessible marketplace websites (i.e. Amazon and eBay) without obtaining prior written approval from Progress Mfg. Inc.
• Agreeing to adhere to certain Progress Mfg. Inc. guidelines for sales practices and inventory, product packaging and display, and customer service, as well as requirements for product care and quality control. (see Authorized Reseller Policy, Section 1.d,e,f and Section 2)

If a Reseller violates the Progress Mfg. Inc. Authorized Reseller policies, Progress Mfg. Inc. reserves the right to terminate their Authorized Reseller status, requiring Reseller to cease the following activities:

• Selling Progress Mfg. Inc. products
• Acting in any manner that gives the impression that they are an Authorized Reseller of Progress Mfg. Inc. products
• Using Progress Mfg. Inc. intellectual property

Progress Mfg. Inc. will be using a robust internet prowling system to identify and track policy violations. A national team of legal experts will be assisting us with policy enforcement.