Kyber Intuitive Designs Inc. actively supports the advertising and promotion of its products by its dealers and has built a strong reputation and following among consumers. Kyber Intuitive Designs Inc. has determined that it will not support through advertising or promotional materials, cooperative advertising or otherwise, advertisements or promotional materials that have the effect of diminishing or detracting from the perceived value of KYBER Brand Products.
Kyber Intuitive Designs Inc. has established a Minimum Advertised Price (MAP) Policy on all KYBER brand products. This policy will apply to all U.S. and Canadian dealers.
MAP Policy shall work under the following guidelines:
- MAP pricing is established by Kyber Intuitive Designs Inc. for all KYBER Brand Products and may be adjusted by Kyber Intuitive Designs Inc. at its sole discretion. The MAP (minimum advertised price) for all KYBER Brand Products is no more than ten percent (10%) below the retail price / MSRP set out by Kyber Intuitive Designs Inc.
- The MAP policy applies to all advertisements of KYBER Brand Products. Products in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet and similar electronic media, television, radio and public signage. For the purposes of internet sales, the entire website and page which is used to advertise or effectuate a sale, including shopping cart or similar device, will be considered part of the advertisement and must comply with the terms of this policy. The MAP policy is not applicable to any in-store advertising that is not distributed to any customer.
- The inclusion in advertising of free or discounted products (whether made by Kyber Intuitive Designs Inc. or another manufacturer) with a product covered by the MAP policy would be contrary to the policy if it has the effect of discounting the advertised price of the covered product below the MAP.
- MAP only applies to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the dealer’s retail location or over the phone. Kyber Intuitive Designs Inc. dealers remain free to sell these products at any price they elect.
- MAP does not establish maximum advertised prices amongst dealers and may offer KYBER Brand Products at any price in excess of the MAP established for such product.
- Kyber Intuitive Designs Inc. MAP policy does not in any way limit the ability of any dealer to advertise that they “have the lowest prices” or they “will beat any competitor’s price” as long as the advertised or listed price for the products is not less than MAP.
- Intentional and /or repeated failure to abide by this policy may result in termination
of dealership. Kyber Intuitive Designs Inc. does not intend to do business with dealers who degrade the image of the KYBER Brand. Kyber Intuitive Designs Inc. may not provide prior notice or issue warnings before taking any action under this policy.
- The terms of this MAP policy are confidential and should not be disclosed to other parties.
- This MAP policy has been established by Kyber Intuitive Designs Inc. to help insure the legacy of KYBER Brand as a top manufacturer of high performance, high quality motorsports products and to protect the reputation of its name and its products.