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Minimum Advertised Price Policy

YakAttack has spent the last decade building a brand of strong recognition and high perceived value as a leader in the kayak fishing industry. We choose dealers who share our philosophy; those who provide premium service to the consumer and enhance our efforts to deliver quality products with excellent service. Sales below our Minimum Advertised Price, on the Internet or otherwise, can harm the perceived value of the YakAttack brand and products. Such sales can also harm our dealers who stock, demonstrate and represent our products through excellent in-store customer experience. Dealer advertising and sales practices that promote our products primarily on the basis of price could be detrimental to both our dealers’ service and support efforts, and to our brand, reputation and competitiveness, and could allow some dealers to take advantage of the service and support efforts of our dealers. Therefore, to protect YakAttack and its network of dealers, YakAttack has unilaterally established this Minimum Advertised Price (“MAP”) policy.

Terms:

  1. The MAP Policy will apply to all United States dealers, including online and catalog, distributors and resellers (collectively, “Dealers”).
  2. Our unilateral MAP Policy does not constitute an agreement between YakAttack and any of its Dealers. YakAttack neither solicits, nor will it accept, any written or verbal agreement by any of its Dealers to this MAP Policy.
  3. The MAP Policy applies only to the advertising of prices. Our Dealers remain free to set their own prices when they resell YakAttack products. This MAP Policy does not establish maximum advertised prices. All Dealers may offer YakAttack products at any price in excess of MAP.
  4. The Minimum Advertised Price (“MAP”) for any YakAttack product shall be no less than the MAP published on the current YakAttack price list. A copy of an up-to-date price list is sent out in the dealer newsletter frequently; if you do not have a copy, please reach out to our customer service team. This MAP is established by YakAttack and may be adjusted by YakAttack on 30-days written notice.
  5. This Policy applies to all advertisements of YakAttack products in any and all media, including, but not limited to internet merchandising or product listings, including third party platforms (e.g. Amazon, eBay), print ads, direct mailings (electronic or via post), social media posts and advertising, consumer-targeted ads (e.g. Google AdWords), printed material, including brochures, posters, flyers, faxes, radio & TV ads, billboards, mail-order catalogs, and public signage. This Policy is not applicable to any in-store advertising that is displayed only in a brick-and-mortar retail store and not otherwise distributed to any customers or potential customers.
  6. Unless subject to an exception below, any Dealer advertisement (other than in-store advertising) that offers YakAttack products at a price below MAP violates this MAP Policy. These types of advertisements include but are not limited to:
  • Advertising YakAttack products as part of, or in conjunction with, a store-wide or category sale or discount that results in a net advertised price for any YakAttack product below MAP (other than in-store advertising).
  • Advertising multiple YakAttack products in combination for a single price that is less than the products’ combined MAP.
  • Advertising YakAttack products through an online auction where the minimum bid is less than MAP.
  • Advertising that offers discounts, credits, rebates, or gift certificates in combination with YakAttack products that results in a net price below the product’s MAP.
  • The inclusion in advertising of free or discounted products if it has the effect of discounting the advertised price of the YakAttack product below MAP.
  • Website features such as “click for price," automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, 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.
  • Dealers violate this MAP Policy by displaying a price that is lower than the product’s MAP, including without limitation, internet offers that display a price lower than MAP before an item is placed in the buyer’s cart for checkout.
  • If pricing is displayed anywhere other than in a brick-and-mortar retail store, any strike-through or other alteration of the MAP is prohibited.
  1. This MAP Policy does not apply to the following:

 

  • Any brick-and-mortar retail store in-store advertising, including displays, banners, or price markings
  • Advertising that offers free shipping with purchase, free install with purchase, or other free value-added service with purchase.
  • Advertising for any merchandise that YakAttack has designated as “discontinued.” These products will be defined and communicated to Dealers in writing by YakAttack.
  • Advertising for YakAttack products during YakAttack-designated “MAP Holidays” and/or “promotional periods.” In such case, the MAP will be the same as the temporary sale price on those particular items for that particular time period. Dealers will be notified in advance by YakAttack sales staff with the specific dates a MAP Holiday is scheduled, applicable products, etc.
  1. This MAP Policy does not, in any way, limit the ability of any Dealer to advertise that "they have the lowest prices" or, they "will meet or beat any competitors’ price," that consumers should "call for a price," or phrases of similar meaning, as long as the price advertised or listed for the product is not less than MAP.
  2. If a Dealer with multiple store locations violates this MAP Policy at any one store location, or on any Dealer website, YakAttack will consider this to be a violation of this MAP Policy by the Dealer.
  3. YakAttack monitors the advertised prices of Dealers on a frequent basis. Dealers are expected to provide reasonable cooperation in any YakAttack investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a YakAttack MAP Policy investigation is itself a violation of the MAP Policy.
  4. This MAP Policy will be enforced by YakAttack in its sole discretion. Dealers are discouraged from notifying YakAttack directly of violations of this MAP Policy by other Dealers. YakAttack's Marketing Manager is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as for determining appropriate sanctions.

 

In response to a Dealer’s violation of this MAP Policy, YakAttack, at its sole discretion, may take actions up to and including suspending all shipments of YakAttack products to the offending Dealer. YakAttack reserves the right to impose lesser sanctions, including but not limited to issuing a written warning; removing the Dealer from the YakAttack dealer locator for a period chosen by YakAttack; terminating the Dealer’s negotiated or preseason terms with YakAttack for the remainder of the calendar year; or suspending shipments to a Dealer for a period chosen by YakAttack.

All questions related to the MAP Policy should be directed to: mappolicy@yakattack.us. Questions about applicability of this MAP Policy should be directed to us before the price promotion in question is displayed publicly.