ARTICLE  III

MINIMUM ADVERTISED PRICE (MAP)

3.1    MAP.  To assure integrity of the Product line, and in the best interests of promoting Blue Force Gear Products, Blue Force Gear has developed a Minimum Advertised Price (“MAP”) policy which is attached hereto as Exhibit “A” and incorporated by reference herein.  MAP refers to and is applicable to all published, advertised or publicly-posted prices, regardless of the manner communicated and irrespective of the format or medium of communication whether it be by electronic mail, postcard, flyer, radio or television, billboard, magazine, trade journal, airplane banners, newspaper insert, website banner or similar ad, webpage, facsimile, mailing, pre-recorded telemarketing messages, and any other form of advertising.  MAP does not apply to non-advertised prices.  The MAP restriction contained herein is with respect to advertising, marketing, publishing or broadcasting prices for public dissemination.  Blue Force Gear recognizes that so long as Dealer complies with the MAP policy, Dealer can sell Products at any prices it chooses without consultation with or advising Blue Force Gear.  Blue Force Gear similarly has the right to make its own independent, unilateral decisions regarding product allocations to Dealers.

3.2  Determination of MAP.  Blue Force Gear shall determine Dealer MAP for all of its Products, in its sole and absolute discretion.

3.3.  Change in MAP.  Blue Force Gear reserves the right in its sole and absolute discretion to set, change, modify, or discontinue any Product or MAP for any Product at any time and from time to time without notice and without liability, and Dealer will comply with any change in MAP for a Product immediately upon receiving notice from Blue Force Gear of such change.

3.4    Internet Auction Sites.  It is strictly prohibited for any Dealer to list for sale, directly, or indirectly, on any internet auction site, such as eBay, Yahoo, Amazon or similar websites, any Products that are the subject of this Agreement, or to otherwise in any manner sell or offer to sell Products over the Internet.

3.5   Obligations and Responsibilities of Dealer Regarding MAP.

(a)            Dealer shall not advertise any price for a Product to End Users below the applicable MAP for such Product.

(b)           If Dealer violates this section, then the Company may terminate this Agreement without any right to cure this breach, in accordance with Article 8.1 of this Agreement.  

 

Taken from 2015 Master Dealer Agreement