TKEES MINIMUM ADVERTISED PRICE (MAP) POLICY

Intent & Application 

TKEES is a premium brand that invests in quality over quantity.  We take a great deal of time and effort to design and manufacture our products, and wish to protect against price-based advertising that harms our ability to maintain a high level of support and service to our consumers.  To protect our brand and our premium image, which is the basis of our hard-won and well-earned reputation with our consumers, we are unilaterally announcing this Minimum Advertised Policy (“MAP Policy”).   Our goal is to ensure that the advertising practices of TKEES Sellers and Resellers support our brand, best serve our consumers, and allow for the continued investment in, and competitive position of, our products.   

This MAP Policy applies to our distributors, wholesalers, and retailers (referred to as “Sellers”) and any resellers of TKEES products whether authorized or not (collectively referred to in this Policy as “Resellers”) so that their advertising practices protect and do not undermine the integrity and competitive position of our brands.  This MAP Policy covers all of the items listed in the attached Schedule.  TKEES is solely and unilaterally responsible for establishing the minimum advertised price (“MAP”) for each item listed in the Schedule.  The MAP for each listed item will be communicated to our Sellers and Resellers by TKEES. 

This Policy is exclusively concerned with minimum advertised prices; Sellers and Resellers are and will remain free to establish their own selling prices.  This Policy is established unilaterally and without the involvement of or any consultation with our Sellers and Resellers. 

 

Non-Compliant Advertising 

Sellers and Resellers shall not advertise TKEES products at prices less than the minimum advertised price (“MAP”) as set forth in the Schedule.  Any advertising that contains prices lower than those listed in the Schedule will be in violation of this MAP Policy.  Advertising that will be considered as non-compliant with this MAP Policy will include: 

• Advertising a price lower than the MAP set out in the Schedule in any advertising format and on any platform, including a website not owned or controlled by the reseller 
• Displaying items listed in the Schedule with no price displayed, accompanied by language such as “click to view price” or “add to cart to view price” 
• Suggesting by words or images that a lower price is available in the shopping cart, or by clicking on a link 
• Using strikethrough to suggest that the MAP Policy price is not the real advertised price. For example “this item just $99.99”