EASTON TECHNICAL PRODUCTS, INC.

U.S. MINIMUM ADVERTISED PRICE (MAP) POLICY

 

Introduction

Easton Technical Products, Inc. (“Easton”) has built a strong reputation and following among purchasers of our archery products. It is critical to Easton to maintain its reputation as a supplier of high-value, prestigious archery products. Easton also recognizes that our success is tied to the success of our dealers, resellers, mass merchants and distributors (collectively, “Retailers”). Many of our Retailers invest significant time and resources to deliver an extraordinary customer experience, including strong pre-sales infrastructure and after-sales product support. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our Retailers’ service and support efforts. We also want to prevent advertising that tends to cheapen or degrade the image of Easton products in the marketplace. As a result, Easton has unilaterally established this Minimum Advertised Price (“MAP”) Policy. This MAP Policy is non-negotiable and will not be altered for any Retailer. Nothing in this Policy shall constitute an agreement between Easton and any Retailer that the Retailer will comply with this Policy.

Policy Statement

Easton, in its sole discretion, reserves the right to discontinue doing business with any Retailer that advertises any product(s) covered by this MAP Policy at a price lower than the MAP or that resells to Retailers that advertise any product(s) covered by this MAP Policy at a price lower than the MAP.

General Guidelines

The products covered by this MAP Policy (“MAP Products”) may be found in the Easton authorized price list (“Price List”). Easton may modify the Price List from time to time in its sole discretion.

Easton recognizes that Retailers are free to make their own decisions to advertise and sell any Easton product at any price they choose, without consulting or advising Easton. Easton does not exercise control or enter into agreements regarding the actual resale price of Easton products.

This Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual inside the store or over the telephone.

Easton reserves the right to change, suspend, terminate or otherwise modify its MAP Policy from time to time, in whole or in part. Such Policy modifications will be made available on the Easton website at http://www.eastonarchery.com.

Advertising Guidelines

This MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to coupons, mailers, inserts, magazines, catalogs, newspapers, television, radio, billboards and other public signage, as well as Internet sites, social media sites, apps, email/text promotions, or any other electronic media.

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 electronic “shopping cart,” and other similar features constitute “advertising “ under this MAP Policy.

This Policy does not apply to price tags, sale tags, in-store advertising that is not distributed to customers, electronic shopping carts, or responses to customer inquiry (in person, by phone, online). This Policy also does not apply to discontinued products, as announced by Easton from time to time.

It shall not be a violation of this MAP Policy to advertise that a customer “call for price” or “ e-mail for price,” or to use similar language with respect to Easton Products, so long as no price is listed. It shall also not be a violation of this Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitor’s prices, or to use similar phrases.

From time to time, Easton may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this Policy to advertise the availability of the manufacturer’s rebate, provided that the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer’s rebate.

This Policy also applies to any activity which Easton determines, in its sole discretion, is designed or intended to circumvent the intent of this Policy.

Policy Enforcement

Easton reserves the right to cancel any pending orders, restrict future orders, suspend Retailers’ account, or terminate dealership or distributorship if Easton reasonably believes Retailer has violated the provisions of this MAP Policy or intends to violate this Policy.

If a Retailer with multiple store locations violates this Policy at any one store location, or on any associated website, Easton will consider that to be a violation by the Retailer.

Easton is solely responsible for determining whether a violation of this Policy has occurred, as well as determining appropriate sanctions. Waivers to this Policy may only be granted, in writing, in Easton’s sole discretion, by Easton’s MAP Policy Coordinator. EASTON’S SALES, MARKETING OR OTHER PERSONNEL ARE NOT AUTHORIZED TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY. All questions regarding the interpretation of this Policy must be directed to Easton’s MAP Policy Coordinator, Nate Pilcher at (801) 539-1400.

Easton may monitor the advertised prices of Retailers, either directly or via the use of third-party agencies or tools. Third-party agencies retained by Easton may engage in monitoring of any advertisements. If a Retailer fails to provide reasonable cooperation in any Easton investigation regarding possible MAP violations, Easton will consider that to be a violation of this Policy by the Retailer.

This Policy will be enforced by Easton in its sole discretion and without notice. Retailers have no right to enforce this MAP Policy. Violations of this Policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law.