dear dealer, - dynojet
TRANSCRIPT
Dear Dealer,
At Dynojet Research, Inc., we are committed to you— the Dynojet and Dynatek dealers that have enabled our company to
become a leader in the development and manufacturing of fuel management and diagnostic products to maximize performance
and increase efficiency. To protect our brands and the integrity of our authorized distribution channels, Dynojet Research is
announcing and implementing an Authorized Reseller Program for the Dynojet and Dynatek brands in the United States,
effective May 1, 2021.
Among other benefits, our Authorized Reseller Program will ensure that all sellers of Dynojet and Dynatek products understand
and take the steps necessary to ensure product quality and provide the excellent customer service that is integral to the reputation
of our brands. In addition, our Authorized Reseller Program will assist us in identifying and taking action against unauthorized
sellers that are harming you and consumers through the sale of damaged and diverted products.
Your obligations under our new Authorized Reseller Program are outlined in the Dynojet Research, Inc. Authorized Dealer
Policy, which is attached for your review. We have also included an FAQ document to address questions you may have about
the Authorized Reseller Program.
Key Features of the Authorized Dealer Policy:
Registration Requirement: In order to become and remain an Authorized Dealer, you are required to register with
Dynojet Research through the Authorized Dealer Registration Form found at either https://www.dynojet.com/arp-
registration or https://www.dynaonline.com/arp-registration. Please complete the registration as soon as possible, but
in no event later than April 30, 2021.
Where and to Whom You May Sell Dynojet and Dynatek Products: Dynojet Research is committed to
maintaining the integrity of its authorized distribution channels and to stopping the diversion of Dynojet and Dynatek
products to unauthorized sellers. To this end, the Authorized Dealer Policy requires that you sell Dynojet and Dynatek
products only to end users. You are prohibited from selling Dynojet and Dynatek products to any person or entity you
know or has reason to know intends to resell Dynojet or Dynatek products.
Restrictions on Online Sales: The Authorized Dealer Policy restricts the manner in which you may sell Dynojet and
Dynatek products online. Specifically, if you wish to sell Dynojet or Dynatek products online, you must follow our
Dynojet Research, Inc. Online Sales Guidelines and limit sales to your own proprietary websites unless you have
otherwise received separate written consent from Dynojet Research. You may not sell Dynojet or Dynatek products
as a third-party seller on marketplace websites such as Amazon, eBay, Walmart Marketplace, or Sears Marketplace
without prior written consent from Dynojet Research. Our rules regarding online sales will be strictly enforced.
Ensuring Product Quality and Satisfaction: To ensure that the consumers who purchase Dynojet and Dynatek
products have the best experience possible, the Authorized Dealer Policy outlines our expectations for the service you
will provide to your customers, including our Tune and Map Installation Guidelines, a copy of which is included. The
Authorized Dealer Policy also describes certain steps you must take to maintain the quality of Dynojet and Dynatek
products until they reach consumers.
Finally, Dynojet Research has a unilateral Minimum Advertised Price Policy (“MAP Policy”), which applies to all authorized
sellers of Dynojet and Dynatek products in the United States. A copy of the MAP Policy, which will be effective on June 1,
2021, is attached for your review and reference.
Thank you for your careful attention to the Authorized Dealer Policy and for your continued support of Dynojet Research and
the Dynojet and Dynatek brands.
Sincerely,
Dynojet Research, Inc.
DYNOJET RESEARCH, INC. AUTHORIZED DEALER POLICY
IN THE UNITED STATES OF AMERICA
Effective Date: May 1, 2021
This Dynojet Research, Inc. Authorized Dealer Policy (“Dealer Policy”) is issued by Dynojet Research, Inc. on behalf of
itself and its affiliates and subsidiaries, including Dynatek Ignitions, Inc. (collectively, “Dynojet Research”) and applies to
Authorized Dealers of products bearing the Dynojet or Dynatek name or any Dynojet Research trademarks1 or trade dress
(“Product(s)”) in the United States of America. By (i) purchasing Products from Dynojet Research or a Dynojet Research
Authorized Distributor for retail sale and (ii) registering with Dynojet Research at either https://www.dynojet.com/arp-
registration or https://www.dynaonline.com/arp-registration (the “Authorized Dealer Registration Form”), you (“Dealer”)
agree to adhere to the following terms and shall be considered an “Authorized Dealer” hereunder, provided that Dynojet
Research has not previously revoked your “Authorized Dealer” status or notified you that your ineligible for such status.
Dynojet Research may review Dealer’s activities for compliance with this Dealer Policy, and Dealer agrees to cooperate with
any such investigation, including, but not limited to, permitting inspection of Dealer’s facilities and records related to the sale
of the Products.
1. Authorized Customers. Dealer is authorized to sell Products to End Users. An “End User” is a purchaser of the
Products who is the ultimate consumer of the Products and who does not intend to resell the Products to any third party.
Dealer shall not sell or transfer Products to any person or entity Dealer knows or has reason to know intends to resell the
Products. Dealer shall not sell or transfer a quantity of the Products to any individual greater than that typically purchased for
personal use. Dealer shall not sell, ship, invoice, or promote the Products outside the United States of America without
Dynojet Research’s prior written consent.
2. Online Sales. Dealer is authorized to advertise and sell Products through Permissible Public Websites in
accordance with the terms herein. A “Permissible Public Website” is a website or mobile application that:
(i) has been identified by Dealer through the Dynojet Research Authorized Dealer Registration Form;
(ii) is not a third-party storefront on an online marketplace (including, but not limited to, Amazon, eBay,
Facebook Marketplace, and Walmart Marketplace);
(iii) is operated by Dealer in Dealer’s legal name or registered fictitious name;
(iv) conspicuously states Dealer’s legal name or registered fictitious name, mailing address, telephone number,
and email address;
(v) does not give the appearance that it is operated by Dynojet Research or any third party; and
(vi) is operated in compliance with the terms and conditions set forth in the Online Sales Guidelines, attached
hereto as Exhibit A, as Dynojet Research may amend from time to time.
Dealer shall not sell Products on or through any website, online marketplace, mobile application, or other online
forum other than a Permissible Public Website without the prior written consent of Dynojet Research. Dynojet
Research reserves the right to terminate, at any time and in its sole discretion, its approval for Dealer to market and sell
Products on the Permissible Public Websites, and Dealer must cease all such marketing and sales on the Permissible Public
Websites immediately upon notice of such termination. The terms of this Dealer Policy supersede any prior agreement
between Dynojet Research and Dealer regarding the sale of the Products online.
3. Sales Practices. Dealer shall conduct its business in a reasonable and ethical manner at all times and shall not
engage in any deceptive, misleading, or unethical practices or advertising at any time. Dealer shall not make any warranties
or representations concerning the Products except as expressly authorized by Dynojet Research. Dealer shall comply with
any and all applicable laws, rules, regulations, restrictions, and policies related to the advertising, sale, and marketing of the
Products, including emissions and other environmental regulations and restrictions applicable to the Products. Dealer shall
represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation
of Dynojet Research or the Products.
1 Dynojet Research’s trademarks include, but are not limited to, the following marks registered with the United States Patent
and Trademark Office: DYNOJET (Reg. Nos. 1614772 and 2008258), POWER COMMANDER (Reg. No. 2655411),
POWERVISION (Reg. No. 4168752), DYNOJET TUNING LINK (Reg. No. 2628395), DYNATEK (Reg. no. 3479598),
and DYNA (Reg. No. 3479597).
Dynojet Research, Inc. Authorized Dealer Policy in the United States of America 2
4. Prohibition of Advertisement, Offering for Sale, and Sale of Unauthorized Products. Dynojet Research is
required to comply with California regulations, as administered and enforced by the California Air Regulatory Board
(“CARB”), with respect to emissions-related aftermarket parts. Accordingly, Dealer shall refrain from advertising, offering
for sale, or selling any Unauthorized Products into California. All Unauthorized Products are legal for sale and use in all
forty-nine (49) states other than California under applicable U.S. Environmental Protection Agency Guidance.
(a) An Unauthorized Product is any Product that alters or modifies, or has the ability to alter or modify, the
original design or performance of any motor vehicle pollution control device or system and is not subject to an Executive
Order issued by CARB. Dynojet Research has the sole authority to determine which Products are Unauthorized Products.
Dynojet Research’s current list of Products, including information regarding whether each Product is subject to an Executive
Order, is available for review at http://dynojet.com/media/Dynojet_Basic_Price_File.xlsx, and may be updated by Dynojet
Research from time to time. Dynojet Research shall endeavor to notify Dealer of updates to the list of Unauthorized
Products. Dealer is responsible for reviewing the current list of Unauthorized Products at the URL above that may not be
advertised, offered for sale, or sold into California.
(b) All Permissible Public Websites, other websites used by Dealer, and other marketing material, such as
catalogs, featuring Unauthorized Products shall prominently state that Unauthorized Products are “Not Legal for Sale or Use
in California.”
(c) Dealer shall prohibit attempts to ship Unauthorized Products to any address within the State of California,
including, but not limited to, shipping Unauthorized Products for sales made through all Permissible Public Websites and
other websites used by Dealer.
(d) No Dynojet Research employee or agent, including Dealer’s Dynojet Research sales representative, is
authorized to modify, interpret, or grant exceptions to this Section 4 unless it is through an amendment to this Dealer Policy.
5. Product Care, Customer Service, and Other Quality Controls.
(a) Dealer shall comply with all instructions provided by Dynojet Research regarding the storage, handling,
shipping, disposal, and other aspects of the Products, including instructions provided on Product labels. Dealer shall store
Products in a cool, dry place, away from direct sunlight.
(b) Dealer shall sell Products in their original packaging. Relabeling, repackaging (including the separation of
bundled Products), and other alterations to Products or their packaging are not permitted without Dynojet Research’s separate
written consent. Dealer is permitted to create and offer for sale bundles which include Product(s), provided, however, that
Dynojet Research shall have the right to require that Dealer cease the advertising or sale of bundles which include Product(s)
that Dynojet Research determines, in its sole and absolute discretion, do not align with the brand image and values of the
Products or Dynojet Research. Dealer shall not remove, translate, or modify the contents of any label or literature on or
accompanying the Products, including Products in Dealer-created bundles. Dealer shall not tamper with, deface, or otherwise
alter any serial number, UPC code, or other identifying information on Products or their packaging. Dealer shall not alter
Products except as permitted by Section 5(f) below.
(c) Dealer shall not represent or advertise any Product as “new” that has been returned open or repackaged.
(d) Promptly upon receipt of the Products, Dealer shall inspect the Products and their packaging for damage,
broken seals, evidence of tampering, or other defect (a “Defect”). If any Defect is identified, Dealer must not offer the
Product for sale and must promptly report the Defect to Dynojet Research via the support links on www.dynojet.com or
contacting Dynojet customer service at 800-992-4993.
(e) Dealer shall be familiar with the special features of all Products marketed for sale and must obtain
sufficient Product knowledge to advise customers on the selection and safe use of the Products, as well as any applicable
warranty, guarantee, or return policy. Dealer shall complete any training activities and review any materials related to the
Products, including dealer or Product training manuals and Product overview presentations, as provided by Dynojet Research
from time to time. Dealer must be available to respond to customer questions and concerns both before and after sale of the
Products and should endeavor to respond to customer inquiries promptly.
Dynojet Research, Inc. Authorized Dealer Policy 3
(f) Dealer shall comply with the Tune and Map Installation Guidelines, which may be provided by Dynojet
Research and updated from time to time.
(g) Dealer shall cooperate with Dynojet Research with respect to any Product tracking systems that may be
implemented from time to time.
(h) Dealer shall cooperate with Dynojet Research with respect to any Product recalls or other consumer-safety-
information-dissemination efforts.
(e) Dealer shall report to Dynojet Research any customer complaint or adverse claim regarding the Products of
which it becomes aware. Dealer shall assist Dynojet Research in investigating any such complaints or adverse claims.
(i) Dealer shall cooperate with Dynojet Research in the investigation and resolution of any quality or customer
service issues related to Dealer’s sale of the Products, including disclosing information regarding Product sources, shipment,
and handling.
6. Intellectual Property. Dealer acknowledges and agrees that Dynojet Research owns all proprietary rights in and to
the Dynojet and Dynatek brands, names, logos, trademarks, service marks, trade dress, copyrights, and other intellectual
property related to the Products (the “Dynojet Research IP”). Dealer is granted a limited, non-exclusive, non-transferable,
revocable license to use the Dynojet Research IP solely for purposes of marketing and selling the Products as set forth herein.
This license will cease upon termination of Dealer’s status as an Authorized Dealer. All goodwill arising from Dealer’s use
of the Dynojet Research IP shall inure solely to the benefit of Dynojet Research. Dealer’s use of the Dynojet Research IP
shall be in accordance with any guidelines that may be provided by Dynojet Research from time to time, and must be
commercially reasonable as to the size, placement, and other manners of use. Dynojet Research reserves the right to review
and approve, in its sole discretion, Dealer’s use or intended use of the Dynojet Research IP at any time, without limitation.
Dealer shall not create, register, or use any domain name or any mobile application that contains any Dynojet Research
product name or any trademark owned by Dynojet Research, nor a misspelling or confusingly similar variation of any
Dynojet Research product name or any trademark owned by Dynojet Research. In marketing the Products, Dealer shall only
use images of Products either supplied by or authorized by Dynojet Research and shall ensure that all Product images and
descriptions are accurate and up to date.
7. Dealer Information. Dealer agrees to promptly notify Dynojet Research of any change to the information
submitted on its Dynojet Research Authorized Dealer Registration Form by re-registering with Dynojet Research at either
https://www.dynojet.com/arp-registration or https://www.dynaonline.com/arp-registration. Doing so ensures that you have
access to the most up to date Product information from Dynojet Research.
8. Termination. Dynojet Research reserves the right to terminate Dealer’s status as an Authorized Dealer with written
or electronic notice. Upon termination of a Dealer’s status as an Authorized Dealer, Dealer shall immediately cease (i)
selling the Products; (ii) acting in any manner that may reasonably give the impression that Dealer is an Authorized Dealer of
the Products or has any affiliation whatsoever with Dynojet Research; and (iii) using all Dynojet Research IP.
9. Modification. Dynojet Research reserves the right to update, amend, or modify this Dealer Policy with written or
electronic notice. Unless otherwise provided, such amendments will take effect immediately and Dealer’s continued use,
advertising, offering for sale, or sale of the Products, use of the Dynojet Research IP, or use of any other information or
materials provided by Dynojet Research to Dealer following notice of the amendments will be deemed Dealer’s acceptance
of the amendments.
10. Confidentiality. Dealer shall strictly maintain the confidence of, and not disclose to any other person or entity, any
non-public documentation, technical information, business information, or other information about Dynojet Research’s
business or Products (including information related to future Products not yet publicly announced by Dynojet Research) that
Dynojet Research discloses to Dealer (“Confidential Information”). Dealer shall not use any Confidential Information except
for performing its responsibilities as an Authorized Dealer under this Dealer Policy. Notwithstanding any other provision in
this Section 10, Dealer may disclose Confidential Information as required by law, regulation, or legal process, provided,
however, that Dealer shall (to the extent legally permissible and practicable) promptly notify Dynojet Research of any
Dynojet Research, Inc. Authorized Dealer Policy in the United States of America 4
request, demand, or requirement for Dealer’s disclosure of Confidential Information so that Dynojet Research may (at its
expense) seek an appropriate protective order or other remedy.
EXHIBIT A
DYNOJET RESEARCH, INC. ONLINE SALES GUIDELINES
Dealer’s approval to sell the Products on Permissible Public Websites is conditioned on adherence to the following
terms and conditions:
1. The Permissible Public Websites must not give the appearance that they are operated by Dynojet Research
or any third party.
2. Anonymous sales are prohibited. Dealer’s full legal name, mailing address, email address, and telephone
contact must be stated conspicuously on the Permissible Public Websites and must be included with any
shipment of Products from the Permissible Public Websites or in a confirmation email sent at the time of
purchase.
3. At Dynojet Research’s request, Dealer will reasonably cooperate in demonstrating and/or providing access
to, and copies of, all web pages that comprise the Permissible Public Websites.
4. The Permissible Public Websites shall have a mechanism for receiving customer feedback and Dealer shall
use reasonable efforts to address all customer feedback and inquiries received in a timely manner. Dealer
agrees to provide copies of any information related to customer feedback (including any responses to
customers) to Dynojet Research for review upon request. Dealer agrees to cooperate with Dynojet
Research in the investigation of any negative online review associated with Dealer’s sale of the Products
and to use reasonable efforts to resolve any such reviews. Dealer shall maintain all records related to
customer feedback for a period of one year following the creation or submission of such a record, to the
extent legally permitted. Nothing in this paragraph shall be construed to require Dealer to disclose
identifying information about its customers to Dynojet Research.
5. The Permissible Public Websites shall be in compliance with all applicable privacy, accessibility, and data
security laws, regulations, and industry standards.
6. Dealer shall be responsible for all fulfillment to its customers who order Products through Permissible
Public Websites, any applicable taxes associated with such purchases of Products, and any returns of
Products.
7. Dealer shall ensure that any third-party logistics provider engaged by Dealer to store inventory or fulfill
orders for the Products is aware of and complies with all Product quality controls and customer service
standards described herein or otherwise conveyed to Dealer by Dynojet Research. Dealer shall ensure that
any such third-party logistics provider stores Dealer’s inventory of Products separately from any Products
owned by any third party. Upon request by Dynojet Research, Dealer shall disclose its use of third-party
logistics providers, including the identity and location of any third-party logistics provider, and shall
cooperate with Dynojet Research in investigating any concerns related to the Products that may relate to
Dealer’s use of a third-party logistics provider. Under no circumstances shall Dealer permit orders to be
fulfilled by a third-party logistics provider in any way that results in the shipped Product coming from stock
other than Dealer’s.
8. Under no circumstances shall Dealer fulfill orders in any way that results in the shipped Product coming
from stock other than Dealer’s.
9. Dealer shall not advertise Products not carried in inventory.
10. The Permissible Public Websites shall clearly identify which vehicles are compatible with each Product
offered for sale on the Permissible Public Website.
DYNOJET RESEARCH, INC. AUTHORIZED RESELLER PROGRAM
FREQUENTLY ASKED QUESTIONS FOR DEALERS
Q1. What is the Authorized Reseller Program and why is Dynojet Research implementing it?
A1. The Authorized Reseller Program is designed to protect the long-term integrity of the Dynojet and Dynatek brands
and to support our relationships with our valued distribution channel partners, both in brick-and-mortar channels and online.
The Program also aims to ensure that consumers receive the high-quality products and customer service they have come to
expect from the Dynojet and Dynatek brands.
Q2. How will the Authorized Reseller Program benefit me?
A2. The Authorized Reseller Program will assist Dynojet Research in identifying and taking action against unauthorized
sellers who harm channel partners, like you, and consumers by selling damaged, poor-quality, or even counterfeit products.
The Program is critical to positioning the Dynojet and Dynatek brands for long-term success in today’s evolving,
increasingly e-commerce driven retail environment.
Q3. What is covered by the Authorized Reseller Program policies?
A3. The Authorized Reseller Program policies describe the rules regarding where and to whom Dynojet and Dynatek
products may be sold. The policies also explain our expectations for distribution channel partners related to product quality
and customer service. These requirements are designed to ensure that consumers receive the quality and service they have
come to expect from Dynojet Research.
Q4. What do I have to do to be “Authorized” to sell Dynojet and Dynatek products?
A4. To become and remain an “Authorized Dealer,” you are required to abide by the Authorized Dealer Policy and
register with Dynojet Research through the Authorized Dealer Registration Form found at either
https://www.dynojet.com/arp-registration or https://www.dynaonline.com/arp-registration.
Q5. Do I have to sign the Authorized Dealer Policy?
A5. No. You are not required to sign the Policy. The Policy is an announcement by Dynojet Research of the terms and
conditions upon which it will do business with channel partners. By continuing to resell Dynojet and Dynatek products
purchased from Dynojet Research or a Dynojet Research Authorized Distributor, you agree to adhere to the Policy.
Q6. Are Authorized Dealers permitted to sell Dynojet and Dynatek products online?
A6. Authorized Dealers may sell Dynojet and Dynatek products on “Permissible Public Websites,” which are websites
that are operated in the Authorized Dealer’s legal name (or registered fictitious name/DBA), provided that the website
complies with the Dynojet Research, Inc. Online Sales Guidelines, which are attached as an exhibit to the Authorized Dealer
Policy. Authorized Dealers may not sell on any other website, including as third-party sellers on online marketplaces (such
as Amazon, eBay, Walmart Marketplace or Sears Marketplace) without Dynojet Research’s prior written consent. Dealers
that are interested in selling Dynojet and Dynatek products on websites other than Permissible Public Websites should
contact [email protected] for more information.
Q7. What will happen if a Dealer is found to have violated the Authorized Dealer Policy?
A7. Dynojet Research reserves the right to revoke a Dealer’s “Authorized Dealer” status if the Authorized Dealer Policy
is not followed. If you have any questions regarding whether particular conduct will violate the Authorized Dealer Policy,
please contact [email protected].
Please direct other questions regarding the Authorized Reseller Program to [email protected].
DYNOJET RESEARCH, INC. TUNE AND MAP INSTALLATION GUIDELINES
Distributors and Dealers (collectively, “Seller(s)”) are approved only to sell the Products with maps and tunes installed
by the Seller in compliance with these guidelines:
1. Prior to installing any tune or map onto a Product, Seller shall inspect the Product for defects, damage, or
evidence of tampering. Should Seller discover any defective, damaged, or tampered-with Product, Seller
shall not install any tune or map onto the Product and shall promptly report the defect, damage, or tampering
to Dynojet Research via the support links on www.dynojet.com or contacting Dynojet Research customer
service at 800-992-4993.
2. Seller shall install any updates to Product firmware or software as recommended by Dynojet Research.
3. Seller shall install the tune or map according to the instructions and training provided by Dynojet Research
or available at dynojet.com and as applicable to Seller’s business. These materials may include, but are not
limited to:
(a) The Authorized Power Commander Dealer Training Manual,
(b) The Powersports Dynamometer Center Training Guide,
(c) The Powercore Software Suite User Guide, and
(d) The Power Commander Tuning Center Training Guide.
4. Seller shall clearly disclose all updates and installation of maps or tunes to Seller’s customer.
5. If the Product will be sold without being immediately installed on a vehicle following installation of a tune
or map, Seller shall:
(a) Unpackage the Product without tearing, creasing, or otherwise damaging the Product’s packaging,
(b) Repackage the Product following installation of the tune or map in the Product’s original packaging
along with all Product materials included in the original Product packaging,
(c) Package the Product so as to minimize damage to and ensure the integrity of the Product during
shipping and transportation, and
(d) Re-seal the Product neatly and thoroughly along all unsealed edges to prevent the Product packaging
from opening during shipping or transportation.
6. If the Product will be immediately installed by Seller on a vehicle following installation of a tune or map,
Seller shall maintain all Product materials included in the original Product packaging, and provide such
materials to Seller’s customer.
Dynojet Research hereby expressly disclaims liability and shall not be responsible for damages resulting from tunes
or other software not installed by Dynojet Research or provided by Dynojet Research via dynojet.com or other Dynojet
Research-owned website. This disclaimer includes Seller’s failure to comply with applicable local laws and
regulations as they may relate to the installation of Products, as well as the installation of maps and tunes.
DYNOJET RESEARCH, INC.
UNITED STATES MINIMUM ADVERTISED PRICE POLICY Effective June 1, 2021
Dynojet Research, Inc. (“Dynojet Research”), maker of Dynojet- and Dynatek-branded products, has determined that certain advertising practices undermine Dynojet Research’s trade reputation, brands, and premium image within the target consumer population and discourage Dynojet Research’s resellers from investing in Dynojet- and Dynatek-branded product lines and providing the best possible service and support to consumers. Accordingly, to protect the integrity of the Dynojet and Dynatek brands, Dynojet Research has adopted this unilateral Minimum Advertised Price Policy (the “Policy”), which applies to all authorized resellers of Dynojet- and Dynatek-branded products selling to end user consumers in the United States of America (“Sellers”). This Policy applies to advertisements of the Dynojet- and Dynatek-branded products listed on the Dynojet Research, Inc. MAP Schedule (“Covered Products”). The Dynojet Research, Inc. MAP Schedule will be made available to all Sellers and may be amended by Dynojet Research in its sole discretion at any time. The Dynojet Research, Inc. MAP Schedule will be updated during the first week of each calendar month, or from time to time in Dynojet Research’s discretion. Dynojet Research shall endeavor to notify Sellers of any such unscheduled updates. The Dynojet Research, Inc. MAP Schedule will be uploaded and available to all Sellers at http://dynojet.com/media/Dynojet_Basic_Price_File.xlsx. Sellers are responsible for reviewing the then-current Dynojet Research, Inc. MAP Schedule as distributed by Dynojet Research or uploaded to the above URL. Dynojet Research is solely responsible for establishing the minimum advertised price (“MAP”) for each Covered Product and communicating the MAP to all Sellers. While Sellers remain free to advertise and sell all Dynojet- and Dynatek-branded products at any price they deem appropriate, it is a violation of this Policy for a Seller to advertise any Covered Product at a price lower than the MAP. Such advertisements include, but are not limited to:
i. Offering coupons, discounts, reseller rebates, or other inducements that, when applied, result in a price lower than the MAP, including through use of a storewide sale, promotional code, website-wide sale, or other similar provision that can be applied to Covered Products.
ii. Bundling Covered Products with other products or services (whether made by or provided by Dynojet Research or another entity) in a manner that implies below-MAP pricing for the bundled Covered Product.
iii. Using strikeouts or strikethroughs of pricing information, “see price in cart,” or other statements that suggest that a lower price for a Covered Product may be found at the final online checkout stage.
iv. Permitting any third party to alter the advertised price for any Covered Product.
Direct or indirect attempts to circumvent this Policy also violate this Policy; however, it is not a violation to advertise that a customer may “call for price,” “text for price,” or “email for price” as long as no price is listed and no automated call, text message, or “bounce-back” email is used in response.
Dynojet Research, Inc. United States Minimum Advertised Price Policy 2
For purposes of this Policy, the terms “advertise” and “advertisement” include all promotional or pricing information displayed via any type of media, including, but not limited to, newspapers, catalogs, magazines, flyers, brochures, television, radio ads, billboards, signage (except signs displayed within a brick-and-mortar selling location), websites, blogs, social media, affiliate marketing networks/comparison shopping engines, reseller-initiated text messages or emails to customers or prospective customers, mobile/smart phone applications, banner ads, online product ads, paid search ads, pay-per-click ads, display ads, mobile ads, product listing ads, sponsored links, ads in any other media in a digital format that is communicated or conveyed via the Internet, and any other marketing or promotional materials, whether displayed online or through broadcast or other media.
Notwithstanding the foregoing, pricing information displayed at the final online checkout stage of a transaction is not considered “advertising” under this Policy. The “final online checkout stage” is the stage when the Covered Product is put into a shopping cart that contains the customer’s name, shipping address, email address, and payment information. Pricing information in the “shopping cart” or “checkout” stages must be obscured technically so that it is not retrievable by shopping and pricing engines, and not displayed on search page results within the reseller’s own website.
From time to time, Dynojet Research may announce MAP holidays or promotions that are applicable to all Sellers, during which periods a Seller that advertises a Covered Product in accordance with the terms of the authorized promotion will not be deemed to have violated this Policy. Dynojet Research will notify all Sellers of any such authorized promotions, generally not fewer than 15 days in advance.
Further, the advertisement of free or reduced-price shipping is not a violation of this Policy as long as such offer applies to all or almost all other products offered by a reseller in the same product category. This Policy does not constitute an agreement between Dynojet Research and any other person or entity. Dynojet Research neither solicits nor will it accept any assurance of compliance with this Policy from any Seller or other party. Each Seller must independently choose whether to comply with the terms of this Policy. This Policy is not negotiable and will not be altered for any individual Seller. This Policy applies only to advertised prices and does not affect the prices that a Seller may charge for Dynojet- or Dynatek-branded products. NON-COMPLIANCE Dynojet Research will take actions against any Seller that fails to comply with this Policy with respect to the advertisement of any Covered Product, up to and including revocation of a Seller’s “authorized” status and termination. This Policy will be enforced by Dynojet Research in its sole discretion and without notice. Sellers have no right to enforce this Policy. Although Dynojet Research is not directing any Seller to require that its reselling customers comply with this Policy, a violation of this Policy by any such reselling customer will constitute a violation by the Seller supplying Covered Products to such reselling customer.
Dynojet Research, Inc. United States Minimum Advertised Price Policy 3
POLICY ADMINISTRATION
Dynojet Research may update, revise, suspend, terminate, reinstitute, or modify this Policy at any time in its sole discretion. Dynojet Research shall make any such modifications available to all Sellers. If Dynojet Research changes the MAP on any Covered Product, it will provide at least 15 days’ notice to Sellers before such change takes effect.
No Dynojet Research employee or agent, including a Seller’s sales representative, is authorized to modify, interpret, or grant exceptions to this Policy; solicit or obtain the agreement of any person to this Policy; or otherwise discuss any aspect of this Policy with any Seller, including that Seller’s or any other Seller’s compliance with the terms of this Policy. Any questions about this Policy should be submitted in writing and directed to Dynojet Research’s MAP Enforcement Group at [email protected]. Dynojet Research will accept no other form of communication from Sellers regarding this Policy. This Policy is effective as of the effective date set forth above and supersedes all prior Dynojet Research policies or statements regarding minimum advertised prices or resale prices for Dynojet- or Dynatek-branded products applicable to any Seller.