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Minimum Advertised
Price Policy
Skye Supply, llc is
continuing to design, produce and offer interesting
and fun bicycle products for the participants of our
sport. These bicycle products are offered under the
brand name Clean Motion.
We recognize that our brick and mortar (B&M) dealers
invest time and resources to deliver an
extraordinary customer experience through
knowledgeable staff and compelling vendor
presentation. To support our resellers' extra
efforts, Skye Supply, llc wishes to establish
policies that allow resellers to earn the profits
necessary to maintain the high level of customer
excellence people of come to expect from Independent
Bicycle Dealers.
To protect the investment of our B&M dealers, we
have unilaterally adopted a MINIMUM ADVERTISED PRICE
POLICY ("MAP Policy") on our Clean Motion Brand
products. Skye Supply established this MAP Policy
due to the fact that reseller advertising and sales
practices that promote Clean Motion products
primarily on the basis of price could be detrimental
to resellers' service and support efforts and our
Clean Motion brand's competitive position. Online
discounting practices could allow some resellers to
take advantage of the service and support efforts of
others. Skye Supply, llc believes that these
practices are unfair and thus discourages such
efforts.
Skye Supply, llc, in its unilateral discretion, will
not do business with any reseller, as to the
products covered by this MAP Policy, if that
reseller intentionally advertises any MAP Product
below its MAP price. Skye Supply, llc is confident
that this program will strengthen its
competitiveness and benefit all of its resellers,
and is asking its partner distributors to
participate in the implementation and enforcement of
these policies.
Official Policy and
Guidelines
Additional guidelines
related to this MAP Policy are as follows:
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Skye Supply, llc
reserves the right, in its unilateral
discretion, to take other action with respect to
any reseller that violates this MAP Policy.'
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The MAP Policy
will be enforced by Skye Supply, llc in its sole
discretion.
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Skye Supply, llc
will maintain an updated "MAP Products" list of
those products that will fall under this MAP
Policy, and reserves the right to update or
modify this list at any time.
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All Products
listed will have an MSRP retail price.
Advertising a price that is more than 10% below
the MSRP price after applicable shipping charges
have been accounted for will represent a
violation of this MAP policy. This MAP Policy
applies to all advertisement of MAP Products in
any and all media, including, without
limitation, flyers, posters, coupons, mailers,
inserts, newspapers, magazines catalogs, mail
order catalogs, internet or similar electronic
media including websites, forums, email
newsletters, email solicitations, television,
radio, and public signage. Such website features
as"Click for price", automated"bounce - back"
pricing e-mails, pre-formatted e-mail responses,
forms, automatic price display for any items
prior to being placed in a customer's shopping
cart, and other similar features are considered
to be communications initiated by the reseller
(rather than by the customer) and this
constitutes"advertising" under this MAP Policy.
This MAP Policy also applies to any activity
which Skye Supply, llc determines, in its sole
discretion, is designed or intended to
circumvent the intent of this MAP Policy, such
as solicitations for 'group purchases' and the
like.
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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 MAP and otherwise complies with this
MAP Policy.
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From time to time,
particularly during the months of February and
December, Skye Supply, llc may permit resellers
to advertise lower than the prices dictated in
the MAP policy with respect to the affected
products for a specified period of time by
providing advance notice to all resellers of
such special events.
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From time to time
Skye Supply, llc may offer a direct
manufacturer's rebate to customers. In such
events, it shall not be a violation of this MAP
Policy to advertise the availability of the
manufacturer's rebate, provided that (a) the
advertisement include a MAP-compliant price, the
rebate amount, and the net price after
manufacturer's rebate in the same type size and
style; (b) an asterisk is placed next to the net
price after manufacturer's rebate; and (c) the"*After manufacturer's rebate" appears in the
same area of the advertisement as the advertised
product.
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Where Clean Motion
brand products are bundled with or sold as part
of a package that includes other products
(whether or not manufactured by Skye Supply,
llc), it shall be a violation of this MAP Policy
to sell or advertise the bundle (or package) at
a price that: (a) is lower than the total
Minimum Advertised Price of the Clean Motion
Brand product or (b) violates the letter or
spirit of the MAP Policy.
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Its shall be a
violation of this MAP Policy to include in any
advertising for Clean Motion brand product any
additional discount, coupon, gift card, or
incentive (whether in the form of a special
event, promotion, term of doing business or
otherwise) that translates into an immediate
price reduction, where the cumulative effect
would be to reduce the advertised price of any
MAP Product below MAP. Advertising that includes
an additional discount, coupon, gift card,
points, or any other incentive for future
purchases shall be evaluated under the same
guidelines as described in Section 8 regarding
product bundling.
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It shall not be a
violation of this MAP Policy to advertise that a
customer may"call for price" or"email for
price", or to use similar language, specifically
with respect to a Clean Motion brand product.
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If a reseller with
multiple store locations violates this MAP
Policy at any particular store location, then
Skye Supply, llc will consider this to be a
violation by all of the reseller's locations.
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Although resellers
remain free to establish their own resale
prices, Skye Supply, llc reserves the right to
cancel all orders and indefinitely refuse to
accept any new orders from any resellers whom
have advertised any MAP Products at a net retail
sales price less that the then-current MAP
retail price, or if reseller has violated this
policy in any other way.
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