Minimum Advertised Price (MAP) Policy
Effective: May 11, 2021
MSCKI, LLC. (MSCKI) has determined that in order to consistently communicate the value of MSCKI’s products in the marketplace and to support resellers that provide customers with excellent pre- and post- sales and support services for MSCKI products, MSCKI must exercise a greater degree of control over the advertising of MSCKI products. Therefore, all advertisements of MSCKI products will be subject to this Minimum Advertising Price Policy (“Policy”).
This Policy has been unilaterally adopted, will be enforced strictly and uniformly, and may be modified at any time by MSCKI.
This MAP Policy applies to advertised prices, not the price at which MAP products are actually sold. Resellers remain free to establish their own prices for all MSCKI products. However, if MSCKI determines to its satisfaction that any MSCKI product has been advertised or listed at a price below the Minimum Advertising Retail Price (“MAP”) established by MSCKI, MSCKI will consider such advertisement a violation of this Policy. The MAP of each MSCKI product is stated on MSCKI’s website at www.killerinstinctcrossbows.com.
This Policy applies to all advertisements of MSCKI products via any medium, including, but not limited to, print, internet, radio, television, newspapers, mail order catalogs, or email solicitations. This Policy does not apply to discontinued products. MSCKI reserves the right to periodically permit resellers to advertise MSCKI products at prices lower than the MAP.
Selling MSCKI products through 3rd Party Marketplaces are allowed. MSCKI retailers are approved to resell to standard consumers only. MSCKI retailers are not allowed to wholesale or distribute products to other retailers including separate e-commerce entities. This applies to dealers buying direct from MSCKI or buying through distribution.
MAP Policy / E-Commerce Policy: Violation / Non-Violation Situations:
1. Violation: Withholding Alias Information. Using an online alias without providing the alias with account registration form will be considered a violation of our policy.
2. Violation: Value-Added Offers on this Purchase for Immediate Price Reduction. Any advertisement, promotion, or consumer program that attaches another product or value-added offer such as but not limited to, any gift with purchase program, coupon discount, dealer rebate, gift card, or other incentive which is advertised to provide an immediate price reduction where the cumulative effect is a price below the MAP for a product will be deemed a violation of this MAP Policy.
3. Violation: Creating or bundling packages using non-branded Killer Instinct competitive accessories example crossbow bolts or soft sided cases.
4. Non-Violation: Creating or bundling packages using Killer Instinct accessories and non-competitive crossbow related items for resale. Total value of the package cannot be lower than the MAP value of MSCKI, LLC. | 1905 1st Ave N| Windom, MN 56101 | 810.626.3026 | Fax: 507.831.1322| [email protected] | www.killerinstinctcrossbows.com
the crossbow package plus 75% of the MSRP total value of the accessories. Example: $299.99 MAP plus $100 MSRP Accessory, minimum advertised package value is $374.99.
5. Non-Violation: Value-Added Offers on Future Purchases. Any advertisement, promotion, or consumer program that attaches a value-added offer on future purchases such as but not limited to, coupon discount on next purchase, or gift card toward next purchase will not be a violation of this MAP Policy.
6. Non-Violation: Advertising “Lowest Prices”. It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below the MAP and otherwise complies with this MAP Policy.
MSCKI reserves the right to investigate and make its own independent determination as to whether this Policy has been violated. Upon determination to its satisfaction that MSCKI’s Policy has been violated, MSCKI reserves the right, in its unilateral discretion, to take any action with respect to any reseller that violates this Policy, including the right to cancel new orders and to refuse to accept any additional orders.
Standard Disciplinary Measures:
1. First MAP Policy Violation: MSCKI will send notice to reseller clarifying the first violation. Orders will be frozen and purchasing privileges suspended until the violation is corrected. Reseller will correct the offending violation within two business days of receipt of MSCKI ’s notification. If the violation is not corrected within two business days, it will be treated as a second violation.
2. Second MAP Policy Violation: MSCKI will send notice to reseller clarifying the second violation. The account will be suspended beginning on the day such written notice is sent by MSCKI to reseller. The suspension shall last 30 days (“Suspension Period”). If the violation is not corrected within two business days of reseller’s receipt of notice of a second violation, it will be treated as a third violation.
a. During the Suspension Period, any outstanding balance due to MSCKI will be immediately payable and result in a loss of any discount(s).
b. During the Suspension Period, reseller may continue to show the MSCKI logo and has the right to continue communicating that they are an authorized MSCKI ® reseller.
3. Third MAP Policy Violation: MSCKI ® will send notice to reseller clarifying the third violation. The account will be suspended indefinitely upon reseller’s receipt of such notice.
Each reseller of MSCKI products is free to independently decide whether or not to follow this Policy. MSCKI will not discuss any conditions of acceptance related to this Policy, as it is non-negotiable and will not be altered for any reseller. In addition, MSCKI does not ask for, nor will it accept, any assurance of compliance with this Policy. MSCKI, LLC. | 1905 1st Ave N| Windom, MN 56101 | 810.626.3026 | Fax: 507.831.1322| [email protected] | www.killerinstinctcrossbows.com
Nothing in this Policy shall constitute an agreement between MSCKI and any reseller that the reseller will comply with this Policy.
MSCKI sales personnel have no authority to modify or grant exceptions to this Policy. All questions regarding the interpretation of this Policy must be directed to MSCKI’s MAP Policy Coordinator at 810.626.3026.