EFFECTIVE 1/1/2020: REVISED 2/20/2020
The Gyde Group LLC has unilaterally adopted a Minimum Advertised Pricing (“MAP”) Policy (the “Policy”). The Policy shall be effective as of January 1, 2020 with respect to all advertising of Hunter’s Kloak® branded and cataloged products (the “Products”), as may be periodically amended, revised or updated from time to time.
The Gyde Group, through its Hunter’s Kloak® Products, has been transforming the way in which consumers engage in hunting and hunting-related activities for sport and recreation. Hunter’s Kloak® Products allow consumers to enjoy hunting using the latest developments in hunting technology and design, and The Gyde Group and its Hunter’s Kloak® brand have developed a strong reputation for both a quality product and quality service related to the Products. The quality of the Products and consumers’ enthusiasm and loyalty for the Hunter’s Kloak® brand drive awareness and demand for the Products. The growth and success of Hunter’s Kloak® has been due, in large part, to The Gyde Group’s strong relationship with its customers and the protection of its reputation. The Gyde Group has promoted the Products to manufacturers, retailers, and consumers interested in hunting and hunting-related activities. The Gyde Group recognizes that its success is tied to the success of its network of select authorized dealers who sell the Products online and/or in their stores (“Dealers”). The Gyde Group also recognizes that Dealers often invest significant time and resources to educate customers about the Products and to deliver a positive customer experience. The Gyde Group wishes to protect Dealers’ ability to engage with customers about the Products, while at the same time discouraging price-based advertising that would be detrimental to Dealers’ service and support efforts. As a result, The Gyde Group has unilaterally established this Policy concerning the minimum advertised pricing for the Products on the internet and in Dealers’ stores.
2. GENERAL PRINCIPLES.
The Gyde Group recognizes that Dealers are free to decide independently how they will advertise and sell any of the Products without consulting or advising The Gyde Group, including any prices that are included in advertising used in any media. The Gyde Group is committed to maintaining a well-regulated and fair marketplace for all its Dealers. The Gyde Group will make its own independent decisions regarding its authorized network of dealers, supplemental marketing materials, product allocation, new product availability, or future promotional or joint marketing programs.
3. PRODUCTS AND MAP PRICES.
The Products covered by this Policy, and the corresponding MAP retail price for each Product, are listed below. The Gyde Group may in its sole discretion modify the list of Products covered by this Policy or the MAP for any Product(s).
4. ADVERTISING GUIDELINES.
Dealers that are determined, in The Gyde Group’s sole discretion, to be advertising or promoting a Product at a net price less than the MAP for that product or otherwise in violation of this Policy may be subjected to the enforcement actions specified in this Policy.
5. LIMITED EXCEPTIONS TO GUIDELINES.
From time to time, The Gyde Group may permit Dealers to advertise Products at prices lower than the MAP retail price. In such events, The Gyde Group reserves the right to modify or suspend the MAP retail price with respect to the affected Product(s) for a specified period of time by providing advance notice to all Dealers of such changes. Temporary sales, discounts, and promotions that effectively or actually lower advertised prices on the Products below the MAP are acceptable only if The Gyde Group provides prior written approval.
The following predefined MAP relief periods are pre-approved: Third Friday, Saturday and Sunday of October; Friday, Saturday and Sunday immediately following Thanksgiving (Black Friday through Cyber Monday); nationally recognized “Small Business Saturday”; December 15th through April 1st.
6. POLICY ENFORCEMENT.
The Gyde Group will enforce this Policy in its sole discretion and without notice. The Gyde Group is solely responsible for determining whether a violation of the Policy has occurred, as well as determining appropriate enforcement sanctions. Dealers and other sellers or distributors of the Products have no right to enforce the Policy. Violations of the Policy may result in any of the sanctions described in this Policy up to and including termination of the Parties’ business relationship, as well as any available remedies at law.
7. RESERVATION OF RIGHTS.
The Gyde Group reserves the right (a) to modify, suspend, or terminate the Policy and (b) to adjust the MAP with respect to any Product by notifying all Dealers.