1. Introduction
Minimum Advertised Price Policy
We recognize that our high-quality resellers invest significant time and resources to deliver an extraordinary customer experience through knowledgeable technical support, continually educating themselves on market trends and product advancements, compelling marketing programs and outstanding customer service. Killer Instinct, Inc. (“Killer Instinct”) has unilaterally adopted this Minimum Advertised Price Policy (the “MAP Policy”) to support our resellers’ efforts to ensure the end customer experience represents our high-quality brand image and to discourage priced-based advertising that would undermine those efforts. This MAP Policy applies to distributors, dealers and other resellers of Killer Instinct’s products (each, a “Reseller” and, collectively, the “Resellers”).
2. Policy Statement
Killer Instinct, in its sole discretion, reserves the right to discontinue doing business with any Reseller that advertises any MAP Products (as defined below) at a price lower than the minimum advertised price (“MAP”).
3. General Guidelines
a. The products covered by this MAP Policy (the “MAP Products”) and related MAP are listed on the following website: www.killerinstinctcrossbows.com. Killer Instinct may in its sole discretion change the MAP Products and/or MAP from time to time without prior notice to you. As a result, you acknowledge and agree to review the website from time to time in order to stay current on the MAP Products and MAP.
b. Killer Instinct recognizes that Resellers are free to make their own decisions to advertise and sell any of the MAP Products at any price they choose, without consulting or advising Killer Instinct Similarly, Killer Instinct will exercise its right to make its own decisions regarding its Authorized Reseller Program, supplemental marketing materials, point-of-purchase displays, product allocation, new product availability and/or future promotional, joint marketing, or sponsorship programs.
c. The MAP Policy will be enforced by Killer Instinct at its sole discretion.
d. The MAP Policy applies to advertised prices, not the price at which products covered by the MAP Policy are actually sold or offered for sale to a customer.
4. Advertising Guidelines
a. The MAP Policy applies to all advertisements of the 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.
b. 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 Reseller (rather than by the customer) and thereby constitute “advertising” under the MAP Policy.
c. It shall not be a violation of the MAP Policy to advertise that a customer may “call for price” or “email for price”, or to use similar language, specifically with respect to the MAP Products, so long as no price is listed.
d. The MAP Policy also applies to any activity which Killer Instinct determines, in its sole discretion, is designed or intended to circumvent the intent of the MAP Policy, such as solicitations for ‘group purchases’ and the like.
e. It shall not be a violation of the 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 an advertised price below MAP and otherwise complies with the MAP Policy.
f. From time to time, Killer Instinct may permit Resellers to advertise MAP Products at prices lower than the MAP. In such events, Killer Instinct reserves the right to modify or suspend the MAP with respect to the affected products for a specified period of time by providing advance notice to Resellers of such changes.
g. From time to time, Killer Instinct may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of the MAP Policy to advertise the availability of the manufacturer’s rebate, provided that:
i. 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;
ii. an asterisk is placed next to the net price after manufacturer’s rebate; and
iii. “*after manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.
5. Policy Enforcement
a. If a Reseller with multiple store locations violates the MAP Policy at any one store location, or on any associated website, then Killer Instinct will consider this to be a violation by the Reseller.
b. Killer Instinct reserves the right to cancel any pending orders, restrict future orders, or suspend Resellers’ account if Killer Instinct reasonably believes:
i. such Reseller has violated the provisions of the MAP Policy; or
ii. such Reseller intends to violate the MAP Policy.
c. Waivers to the MAP Policy may be granted by Killer Instinct’s MAP Policy Administrator in writing in its sole and absolute discretion. Killer Instinct’s sales, marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, Reseller must strictly adhere to the terms of the terms of the waiver. Any deviation from the terms of such waiver is a violation of the MAP Policy.
d. Killer Instinct monitors the advertised prices of Reseller, either directly or via the use of 3rd party agencies or tools. Reseller is expected to provide reasonable cooperation in any investigation by Killer
Instinct regarding possible violations of the MAP Policy. Hindering, obstructing, delaying, or otherwise failing to cooperate with a MAP Policy investigation by Killer Instinct is a violation of the MAP Policy.
e. The MAP Policy will be enforced by Killer Instinct in its sole discretion and without notice. Resellers, have no right to enforce the MAP Policy. Violations of the MAP Policy may result in any of the aforementioned sanctions up to and including termination of our business relationship in addition to any available remedies at law.
f. All questions related to the MAP Policy should be directed to: support@killercrossbows.com