CRUSHER PERFORMANCE MINIMUM ADVERTISED PRICING POLICY
In order to preserve its reputation for providing customers with high value products and strong after-sales
support, and to further enhance the Crusher Performance (“Crusher”) brand image and its competitiveness in the
marketplace, Kuryakyn Holdings, LLC (“Kuryakyn”) is unilaterally instituting a policy of minimum advertised price
standards for Crusher. This Minimum Advertised Pricing Policy (“MAP Policy”) will become effective August 1, 2014
and will apply to distributors and retailers, including catalogs and internet retailers (collectively, “Resellers”), who
resell Crusher products to end users located in the United States.
Kuryakyn greatly values the efforts of all Resellers to distribute Crusher products and support our customers.
This MAP Policy is adopted for the benefi of all Resellers and will be uniformly enforced.
This MAP Policy shall work under the following guidelines:
- Kuryakyn will, from time to time, publish a Schedule of Manufacturer’s Suggested Retail Prices (“MSRP
Schedule”) on its internet website, which may be amended or adjusted by Kuryakyn at any time in
its sole discretion. The MSRP Schedule will identify the effective date, the Crusher products and the
manufacturer’s suggested retail price (“MRSP”) for those products. Each advertisement of a Crusher
product identifid in the MSRP Schedule more than 10% below the MSRP will be a violation of this MAP
Policy. Crusher products not specifially identifid in the MSRP Schedule are not subject to this MAP
Policy. The initial MSRP Schedule is enclosed.
- This MAP Policy applies to all advertisements of Crusher products listed on the MSRP Schedule in any and
all media, including, but not limited to, flers, posters, coupons, mailers, inserts, newspapers, magazines,
catalogs, mail order catalogs, e-mail newsletters, e-mail solicitations, internet or similar electronic media,
television, radio, and public signage. This MAP Policy is not applicable to any in-store advertising that is
displayed only in the store and not distributed to any customer(s).
- The inclusion in advertising of free or discounted products (whether made by Kuryakyn or another
manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy if it has
the effect of discounting the advertised price of the covered Crusher product more than 10% below the
- If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discount
price more that 10% below the MSRP is prohibited.
- This MAP Policy applies only to advertised prices and does not apply to the price at which Crusher
products are actually sold or offered for sale to an individual consumer within Resellers’ retail location or
over the telephone. Resellers remain free to sell these products at any prices they choose under
- This MAP Policy does not establish maximum advertised prices. All Resellers may offer Crusher products
at any price in excess of the MSRP.
- Internet auctions may not display or have reserved bid or other acceptable prices more than 10% below
- Pricing listed on an Internet site is considered an “advertised price” and must adhere to this MAP Policy.
Once the pricing is associated with an intent to purchase (added to shopping cart or order), the price
becomes the selling price and is not bound by this MAP Policy. Statements such as “add to basket to see
price”, “we will match any price”, “call for price” or phrases of similar import are acceptable as long as the
price advertised or listed for the products is not more than 10% below the MSRP. In addition, discounts
applied at checkout to the entire order based on a customer’s purchasing history with the Reseller, such
as discounts for “frequent shoppers”, do not violate this MAP Policy.
- This MAP Policy is solely within Kuryakyn’s discretion and authority acting through the duly authorized
managers of Kuryakyn. No employee or sales representative of Kuryakyn has any authority to discuss,
modify or grant exceptions to this MAP Policy. Any representation or action by any employee, sales
representative or persons not specifially authorized to discuss, modify or grant exceptions to this MAP
Policy under this paragraph is unauthorized and invalid. All questions about this MAP Policy should be
in writing and directed via U.S. Mail to MAP Policy Administrator, Kuryakyn Holdings, LLC - Crusher, 454
County Rd V V, Somerset, WI 54025 or via e-mail to email@example.com who will respond only
in writing. No oral communications about this MAP Policy are authorized. The MAP Policy Administrator
shall be solely responsible for determining whether a violation of the policy has occurred, communicating
decisions to Resellers regarding the policy and receiving any communications regarding sanctions
imposed under this MAP Policy. Any action taken by Kuryakyn under this MAP Policy shall be without
liability to Kuryakyn.
- From time to time, Kuryakyn may choose to offer special promotions on certain products. In such an
event, we reserve the right to modify or suspend this MAP Policy in whole or in part by notifying all
Resellers of the duration and nature of the change. Kuryakyn further reserves the right to adjust the MSRP
with respect to all or certain products at its sole discretion. Such changes shall apply equally to
Intentional and/or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed
by Kuryakyn. The level of sanctions is based on the number of violations and is outlined below. Kuryakyn
does not intend to do business with Resellers who degrade the image of Kuryakyn and its products.
Kuryakyn need not provide prior notice or issue warnings before taking any action under this MAP Policy.
- First Offense: Dealer/Distributor will receive notifiation explaining the MAP policy and how to
- Second Offense: Dealer/Distributor will receive notifiation and will be given 48 hours to comply for
electronic copy and thirty (30) days to comply with print copy.
- Third Offense: Dealer/Distributor will receive notifiation of their violation and will be placed on
a non-ship basis for thirty (30) days.
- Forth Offense: Dealer/Distributor will receive notifiation of their violation and will be placed on
a non-ship basis for ninety (90) days.
- Fifth Offense: Dealer/Distributor will receive notifiation of their violation and will be placed on
a non-ship basis indefiitely. This may be reviewed after a period of one (1) year.
- Distributors of Crusher products will supply a copy of this MAP Policy to any new or existing Reseller for their records.
- The terms of this MAP Policy are confiential and should not be disclosed to other parties.
This MAP Policy has been established by Kuryakyn to help ensure Kuryakyn’s position as a top producer of high
quality products and to protect the reputation of its name and products. This MAP Policy is also designed to
avoid destructive intra-brand conflict and to ensure that dealers and distributors have the incentive to invest
resources into services for Crusher customers.