Minimum Advertised Price Policy
Updated: December 5, 2021
SK Tools USA, LLC (“SK”) is a leading manufacturer of professional grade hand tools in the United States. We take pride in delivering industry leading quality, innovation, and performance through our products and believe it is important that resellers of our products commit a substantial amount of time and resources to learn, understand, support, and promote our products. Accordingly, SK has unilaterally implemented this Minimum Advertised Price Policy (the "Policy") to encourage authorized resellers (“Resellers”) of SK product to invest the requisite time and energy into SK’s products, to remain competitive in the marketplace, to protect SK’s image and brand equity, and to ensure that the prices at which our products are advertised reflect the value and quality of those products.
1. SCOPE OF THIS POLICY
The SK products to which this Policy applies (the "Products") are listed on the document entitled “SK MAP Policy Products," the current version of which can be found here. This Policy is non-negotiable and applies to all advertisement and promotion of the Products, including without limitation all websites, posters, coupons, mailers, newspapers, magazines, catalogs, television, radio, public signage, printed advertisements, social networks, banner ads, broadcast e-mails, landing pages, etc. SK reserves the right to modify the list of products to which this Policy applies at any time by updating the SK MAP Policy Price List. It is each Reseller's responsibility to check the SK MAP Policy Price List regularly and to know which Products are covered by this Policy.
Please note that this Policy applies to all advertised prices and not to the price at which the Product is actually sold to an end customer. Resellers are free to sell the Products at any prices they choose.
SK is not asking or requiring resellers to agree to any aspect of this Policy. This Policy is administered unilaterally by SK. Just as resellers may cease purchasing SK products at any time, for any reason, SK reserves its right to cease doing business with any reseller with or without cause. SK does not seek consultation with any Reseller and SK will not negotiate with or enter into an agreement with any Reseller regarding this Policy or regarding the prices at which the Reseller will sell the Products. Please note that SK employees and representatives are not authorized to discuss any aspect of this MAP Policy, including the meaning or interpretation of this Policy. All inquiries regarding this MAP Policy should be directed to the following email address: firstname.lastname@example.org
SK may modify this Policy at any time in its sole discretion and SK will enforce this Policy in its sole discretion. There are no third-party beneficiary rights to this Policy. SK has the right, but not the obligation, to occasionally monitor, review or audit Resellers' websites and advertisements for compliance with this Policy. Any failure by SK to require compliance with any provision of this Policy will not operate as a waiver to require strict compliance in the future.
2. ADVERTISED PRICES
Resellers cannot advertise or otherwise promote the Products at a net price lower than the SK published MAP price current at the time of the advertisement or promotion (such price is referred to in this Policy as the "MAP"). A list of current MAPs can be requested by emailing email@example.com. Applicable taxes and shipping/handling charges paid by the Reseller's customer will not be calculated as part of the MAP.
Resellers may advertise that customers may contact the Reseller to learn the actual sale price, such as "call for a price" or "email for a price." For "email for a price," any response must be individualized and not an automated or auto-generated response. General proclamations in general that the Reseller has “the lowest prices” or will match or beat its competitors’ prices, so long as the Reseller does not include any advertised price below MAP and otherwise complies with this MAP policy. Bundled promotions where the individual product price cannot be ascertained. For example: “25% off your entire order” or “Spend $250 to receive $50 off.” Rebate programs. Offering of free shipping. Offering of no-interest financing.
When shown on the same page, email or ad as the Products, promotional gift cards, instant rebates and other promotional activities that effectively lower the advertised price below the MAP are not permitted. A Reseller selling or providing SK products to another reseller or third party whose online advertised price is below the MAP. A price that can be seen on the Reseller's website by the customer clicking on "add to shopping cart" or "click here to check out" functions of the website will be considered by SK to be the advertised price and is covered by this Policy. Product specific coupons that provide net advertise price below MAP. Any other practice where the advertised price is lower than MAP.
SK reserves the right to offer manufacturer sponsored discounts and rebates. Advertising these promotional offers shall not be considered a violation of MAP policy, provided the advertisement includes a MAP-compliant price, the promotional or rebate offer amount and the net price after the manufacturers offer in the same type size and style.
3. ENFORCEMENT OF THIS POLICY
SK monitors the advertised prices of Resellers, either directly or via the use of third party agencies or tools. Resellers are expected to provide reasonable cooperation in any SK investigations regarding possible MAP policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a SK MAP policy investigation is a violation of this MAP policy.
Upon verification by SK to its satisfaction that the Reseller has advertised or promoted a Product at a net price less than the MAP, or has otherwise violated this policy, SK will take the following actions:
1. On the Reseller’s first violation, SK will issue a notice of violation to the offending Reseller via email. The Reseller will then have five (5) business-days from the date of SK’s notice to correct the violation and comply with this Policy.
Reseller must correct the violation within the five (5) business-day period. Failure to do so will result in SK not accepting orders for the Product subject to the violation for up to thirty (30) days from the date of the notice of violation.
If the violation is not corrected within fifteen (15) days from the initial notice, the Reseller will be deemed to have committed a second violation of this Policy and SK may proceed as described in paragraph 2 below.
If the Reseller corrects the first violation within the fifteen (15) day period, but violates the policy again within six months, then SK will also proceed as described in paragraph 2 below.
2. On the Reseller's second violation within a six-month period, SK will issue a notice of the violation by email to the Reseller and SK will decide not to accept or fill any orders from Reseller for a period of up to thirty (30) days from the date on the written notice of violation.
3. On the Reseller's third violation within a 12-month period, SK will issue a notice of violation by email to the Reseller and SK will not accept or fill any orders from Reseller for a period longer than 30 days or indefinitely, as determined by SK in its sole discretion.
If a reseller with multiple locations or online sites violates this MAP policy at any one location or associated site, then SK will consider this to be a violation by the reseller.
SK’s MAP Policy Administrator is solely responsible for determining whether a violation of MAP policy has occurred, as well as determining final sanctions. SK reserves the right to modify, change, or cancel this policy at any time. SK appreciates your compliance with this Policy and thanks you for your continued support.