Thunder Heart Performance Corporation (THP), the manufacturer of ThunderMax, appreciates and supports its network of qualified distributors, dealers, and authorized resellers. In order to preserve its reputation for providing customers with high value products and to further enhance the ThunderMax brand image and its competitiveness in the marketplace, Thunder Heart Performance Corp. is unilaterally instituting a policy of minimum advertised price standards for all ThunderMax products. This Minimum Advertised Pricing Policy ("MAP Policy") will become effective March 1, 2016 and will apply to distributors and retailers, including catalogs and internet retailers (collectively, "Resellers"), who resell Thundermax products to end users located in the United States.
This MAP Policy shall work under the following guidelines:
1. THP/ThunderMax will, from time to time, publish a Schedule of Manufacturer's Suggested Retail Prices ("MSRP Schedule") on its internet website, which may beamended or adjusted byTHP/ThunderMax at any time in its sole discretion. The MSRP Schedule will identify the effective date, the products and the manufacturer's suggested retail price ("MRSP") for those products. Each advertisement of a product identified in the MSRP Schedule below the MSRP will be a violation of this MAP Policy. THP/ThunderMax products not specifically identified inthe MSRP Schedule are not subject to this MAP Policy.
2.This MAP Policy applies to all advertisements of ThunderMax products listed on the MSRP Schedule inany and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mailorder catalogs, e-mail newsletters, e-mail solicitations, internet or similar electronic media, television, radio, and public signage. (Except signs or promotional material in store)
3.The inclusion in advertising of free or discounted products (whether made by THP/ThunderMax or another manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy if it has the effect of discounting the advertised price of the covered ThunderMax product.
4.If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discount price below the MSRP is prohibited.
5.This MAP Policy applies only to advertised prices and does not apply to the price at which ThunderMax products are actually sold or offered for sale to an individual consumer within Resellers' retail location or over the telephone. Resellers remain free to sell these products at any prices they choose under these circumstances.
6. This MAP Policy does not establish maximum advertised prices. All Resellers may offer ThunderMax products at any price in excess of the MSRP.
7. Internet auctions may not display or have reserved bid or other acceptable prices different than MSRP.
8. This MAP Policy is solely within THP/ThunderMax's discretion and authority acting through the duly authorized managers of Thundermax. No employee or sales representative of THP ThunderMax has any authority to discuss, modify or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid. All questions about this MAP Policy should be in writing and directed via U.S. Mail to MAP Policy Administrator, Thunder Heart Performance Corp., 120 Industrial Drive, White House, TN 37188 or via e-mail to email@example.com who will respond only in writing. No oral communications about this MAP Policy are authorized. The MAP Policy Administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Resellers regarding the policy and receiving any communications regarding sanctions imposed under this MAP Policy. Any action taken by THP/ThunderMax under this MAP Policy shall be without liability to THP/ThunderMax.
9. From time to time,THP/ThunderMax may choose to offer special promotions on certain products. In such an event,we reserve the right to modify or suspend this MAP Policy in whole or in partby notifying all Resellersof the duration and nature of the change. THP/ThunderMax further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers.
10. Intentional and/or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed by THP/ThunderMax. The level of sanctions will be determined by THP/ThunderMax in its sole discretion and may include indefinite termination of dealership or distributorship. THP/ThunderMax does not intend to do business with Resellers who degrade the image of Thundermax and its products. THP/ThunderMax need not provide prior notice or issue warnings before taking any action under this MAP Policy.
11. Distributors of ThunderMax products may supply a copy of this MAP Policy to any new or existing reseller for their records.
12. The terms of this MAP Policy are confidential and should not be disclosed to other parties.
13. Authorized dealers may use the Trademarks, Thunder-Heart Performance, ThunderMax, TracMax, and Ballistic Air Series, or any similar marks or derivatives thereof, product part numbers or any Copyrighted Material, in connection with any product advertising, publication, catalog, web page, or other printed, audio, video, or electronic material as long as they adhere to the requirements of this MAP policy.
This MAP Policy has been established by THP/ThunderMax to help ensure the legacy of Thundermax as a top producer of high performance, high quality products and to protect the reputation of its name and products. This MAP Policy is also designed to avoid destructive intra-brand conflict and to ensure that dealers and distributors have the incentive to invest resources into services for ThunderMax customers.