Sporting Goods MAP Policy (Evaluating Position)

*LOGO HERE*

*COMPANY NAME* Minimum Advertised Price Policy (“MAP”)

Effective *DATE* – *DATE*

In evaluating its position in the marketplace relative to its competitors and its Retailers’ competitors, *company name* has unilaterally determined that the establishment of MAP guidelines is necessary in order for *company name* to continue to maintain its reputation as a manufacturer of high-quality products for the sporting goods. *company name* believes that retail sales of *company name* products, except under specific and limited circumstances, other than in accordance with MAP guidelines, will negatively impact *company name* reputation, public perception of the quality of *company name* Products, *company name*’s ability to provide comprehensive warranty and support services and the overall maintenance of *company name*’s competitive position in the sporting goods and automotive industry.

Guidelines:

The MAP guidelines are applicable to all storefront, direct mail, and internet retailers. *COMPANY NAME*® Authorized Dealers who will be advertising (web, catalog, billboards, TV, radio, mass media, direct mail or email, etc.) any *company name* branded goods must list prices equal to or greater than “MSRP”.

MAP Program Promotions:

Retailers may participate in *company name* specified promotional periods. During these scheduled periods only, retailers have the option to temporarily reduce their advertised prices to levels that are equal to or greater than those specified on the “Promotional” price list. Retailers that advertise promotional pricing outside of the designated promotional windows (i.e., early start or delayed close) will be considered in violation of policy.

*company name* promotional periods are shown on the attached schedule. This schedule will be updated on a semi-annual basis, and *company name* may also announce additional promotional periods at its discretion.

Policy

Retailer and/or Wholesaler found to be in a 3rd violation status will lose *COMPANY NAME*® Authorized Dealer status.

*company name* will close the Retailer and/or Wholesaler account.

 | 1st violation  | • Retailer and/or Wholesaler will receive a warning of an initial violation. Violation(s) must be corrected within 3 business days. • If uncorrected after 3 business days, *company name* will cease shipments, and if applicable, remove any Partner Listings or “Buy It Now” links from the *company name* website until all violations are corrected.

| 2nd violation  | • Retailer and/or Wholesaler will be notified of 2nd violation status. Violation(s) must be corrected within 3 business days. • *company name* will cease shipments for a period of 30 days. Online links will also be removed for the same period.

General Terms:

• Selling of any *company name* Products listed on the current *company name* Wholesale Price List through all Internet auction and classified sites (e.g., eBay and Craigslist) is strictly prohibited.

• Selling of any *company name* Products listed on the current *company name* Wholesale Price List through the following third-party marketplaces is strictly prohibited: Jet.com, Sears, Walmart, Newegg, Rakuten, and Shop.com.

• *COMPANY NAME*® Authorized Dealers may market, advertise, offer to sell, sell and/or fulfill orders of *company name* brand products from the dealer’s websites and catalogs.

*LOGO*

*COMPANY NAME* Minimum Advertised Price Policy (“MAP”)

Effective *DATE*

All products found on the current *company name* Wholesale Price List must be excluded from any coupon codes, discounts, or combined incentives that translate into an immediate price reduction below MAP. Product pricing must also be clearly published in accordance with the current *company name* MAP Price List. Example: “Call for Best Price” or “Email for Best Deal” in place of the advertised price is not acceptable.

No customer may use, apply for or register any trademarks, company names or domain names that are identical or confusingly similar with *company name*’s trademarks, product names or company names or any other intellectual property right identical or confusingly similar to *company name*’s IPR, without *company name*’s prior written consent.

*company name* Products purchased in the United States are intended for US distribution only and may not be distributed or promoted outside of the United States territories.

The MAP Guidelines are applicable to all Retailers and/or Wholesalers who sell *company name* Products (purchased either directly from *company name* or through a Wholesaler).

*company name* will provide its Retailers with its MSRP and Promotional Price lists for *company name* branded Products on an annual basis or as prices change.

*company name* may, at its discretion directly terminate, and may require its Wholesalers to terminate, its agreements with, and any further shipments of *company name* Products to, any Retailer and/or Wholesaler who fails to comply with the MAP Guidelines and such termination shall be effective upon delivery of notice of termination to the Retailer and/or Wholesaler by *company name*.

*company name* recognizes that retailers should retain some flexibility in the marketing and sale of *company name* Products, in order to reflect local conditions and retail practices, provided that such practices are within the MAP Guidelines. Accordingly, each of the following events will constitute exceptions to the strict compliance with MAP Guidelines:

Direct sales to employees of the Retailers.

Sales made in connection with storewide loyalty programs.

Closeouts (as defined as products no longer listed for sale on the current *company name*

Wholesale Price List).

Going out of business, or liquidation or bankruptcy-related sales.

Retailer will be notified at least 30 days prior to any changes in *company name* price lists and must have web sites in compliance by the price list effective date.

UNDER NO CIRCUMSTANCES ARE *COMPANY NAME* EMPLOYEES, *COMPANY NAME* VENDORS/SUPPLIERS, OR SALES REPRESENTATIVES AUTHORIZED TO, NOR SHALL THEY, DISCUSS WITH ANY RETAILERS OR OTHER PERSON THE SALES PRACTICES OF ANY RETAILERS OR THE APPLICATION OF THE MAP GUIDELINES TO ANY RETAILER. ANY QUESTIONS OR COMMENTS CONCERNING THE MAP GUIDELINES MUST BE DIRECTED EXCLUSIVELY TO *COMPANY NAME*, ATTENTION: SALES MANAGER.

The MAP Guidelines are subject to revision, at the sole discretion of *company name*, from time to time. Promotional Periods *DATE*

DATE MAP Promotional Calendar

Please see the *DATE*  *company name* MSRP MAP Promo Price List for full category by item and sale period details.