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MAP Policy

DUNLOP MANUFACTURING, INC. MINIMUM ADVERTISED PRICE POLICY
 

Effective February 1, 2025

INTRODUCTION
This Distribution and Minimum Advertised Price Policy ("Policy"), adopted unilaterally by Dunlop Manufacturing, Inc. ("DUNLOP") in its sole and absolute discretion, replaces and supersedes all prior Minimum Advertised Price policies issued by DUNLOP and applies to all DUNLOP distributors, wholesalers, retailers, dealers and other resellers located in the territory of the United States (collectively, the "Resellers"). This Policy has been implemented in order for DUNLOP to better compete against established brands in the market for premium musical instrument effects and accessories. In particular, DUNLOP has determined that adoption of this Policy is a necessary component of its strategy to reduce or minimize distribution channel conflicts and to ensure that its DUNLOP line of products is supported with aggressive marketing, prominent merchandising and product displays, pre-sale and post-sale customer service, education and stocking of sufficient product inventories to adequately service the local market.

This Policy is subject to change at any time by DUNLOP, in its sole and absolute discretion. 

POLICY APPLICATION
This Policy applies to all Resellers of DUNLOP products who buy directly from DUNLOP and who now or hereafter directly sell DUNLOP products or who resell any DUNLOP products to one or more companies that sell, or intend to sell, DUNLOP products. DUNLOP sells its products to those Resellers who respect its Policies. 

POLICY
This Policy applies to all products regardless of condition manufactured and distributed under the DUNLOP®, MXR® and WAY HUGE® brand names (the "MAP Products"). The Minimum Advertised Price ("MAP") for the MAP Products shall be posted on DUNLOP's website at the address DUNLOP-MINIMUM-ADVERTISED-PRICE.pdf

All Products must be advertised either as "NEW" or "USED." "USED" product advertising must include the statement "includes no manufacturer’s warranty."

This Policy does not apply to "USED" items sold without manufacturer’s warranty, or to special over-stock promotions as announced by DUNLOP. 

DUNLOP may also, from time to time, announce promotional periods during which the Policy will not apply with respect to all or some MAP Products.

Resellers located in the United States are not allowed to sell outside of the United States. 

VIOLATIONS
A violation of the Policy occurs when a price for MAP Products is displayed or mentioned in any medium (including but not limited to print, on-line, billboard, television, radio) that is below the published MAP. This includes using any on-line or internet ads or campaigns with respect to the sale of MAP Products as well as sponsored links and websites operated by, affiliated with, and/or linked to the Reseller’s website(s).

DUNLOP recognizes that violations may be inadvertent violations and will take that into consideration during its investigation of a potential violation. If, after conducting an investigation, DUNLOP determines that a Reseller directly or indirectly has engaged in advertising of any MAP Products at a resale price less than the MAP, DUNLOP may, in its sole discretion, suspend sales of all MAP Products to the Reseller, revoke all licenses granting Reseller the right to use any DUNLOP intellectual property, including but not limited to the DUNLOP logo, trademark or copyright symbol, any description, image or other material regarding any MAP Products, and suspend eligibility for promotional programs, freight, credit terms, and other benefits offered by DUNLOP.

Note: This Policy is not intended to restrict DUNLOP’s rights to manage its distribution channels and to make and change its decisions regarding Resellers and others with whom it will do business. DUNLOP reserves the right to immediately cease doing business with any Reseller. 

ADVERTISED PRICE
All advertising of MAP Products must include a price. Advertising with a price that has been lined through or in a strikethrough typeface unless accompanied by a clear price at or above MAP that has not been lined through or in a strikethrough typeface will be considered a Policy violation. 

SHOPPING CART
Showing the price on a product information page and a lower price when the product is added to a "shopping cart" page is also considered a Policy violation. 

AUCTIONS
Auctions are considered a Policy violation. 

AUTOMATED E-MAIL
Automated e-mails in response to web site inquiries are considered advertising for purposes of the Policy. However, direct price negotiations by telephone calls or e-mail exchanges initiated by the customer will not be considered advertising for purposes of the Policy. 

APPROVED PRODUCT PHOTOGRAPHS AND DESCRIPTIONS
Advertising of our products in catalogs and websites must include color photographs and clear and complete descriptions meeting DUNLOP standards. Please contact your Dunlop representative for access to approved photographs and descriptions. 

COUPONS, INSTANT DISCOUNTS
Any discount offered in connection with the redemption of a coupon shall be considered advertising under the Policy.  Advertising that includes Instant Discounts, including but not limited to Instant Coupon Codes (or coupons of any kind), Instant Rebates, Instant Gift Cards, specific to or featuring MAP Products are prohibited under the Policy. 

REFERENCE TO POLICY
Any reference to the Policy in advertising MAP Products will be considered a Policy violation. 

PERMITTED PACKAGE / BUNDLED ADVERTISING
The advertising of free or discounted products in a package or bundle containing a MAP Product is prohibited under the Policy, except as provided in this paragraph: (Value of each product is defined as the lesser of Manufacturer’s Suggested Retail Price ("MSRP") or MAP.)

A. DUNLOP MAP Product is the featured and highest valued item in the bundle AND the bundle includes DUNLOP products only.
1.) Should the bundled items be a Dunlop branded non-MAP product valued up to 20% of the DUNLOP MAP Product value, then the advertisement must set forth the MAP for the DUNLOP MAP Product.
Example A1 - Allowed: Featured MXR Item MAP $100 can be bundled with any number of Dunlop branded non-MAP accessories valued up to $20 at Suggested Street ($100 x 20%) so long as the Featured MXR Item is advertised at the $100 MAP.

Example A2 – Allowed: Featured MXR Item MAP $100 can be bundled with any number of Dunlop branded MAP accessories valued up to $20 at MAP ($100 x 20%) so long as the Featured MXR Item is advertised at the $100 MAP.

B. DUNLOP MAP Product is the featured and highest valued item in the bundle AND the bundle includes Non-DUNLOP product or Mixed Branded product.
2.) Should the bundled items include Non-Dunlop product valued up to 15% of the DUNLOP MAP Product value, then the DUNLOP MAP Product must be advertised at the MAP.
Example B2 - Allowed: Featured MXR Item MAP $100 can be bundled with any number of items valued up to $15 ($100 x 15%) at the lesser of MSRP or MAP, so long as the Featured MXR Item is advertised at the $100 MAP.

3.) Should the bundled items include a Non-Dunlop product valued between 15% - 30% of the DUNLOP MAP Product, then the DUNLOP MAP Product must be advertised at MAP + 10%.
Example B3 - Allowed: Featured MXR Item MAP $100 can be bundled with any items valued up to $30 ($100 x 30%), but the Featured MXR Item must then be advertised at at least 10% over the $100 MAP.

4.) At no time should the total value of bundled items exceed 30% of the DUNLOP MAP Product value. This is considered a violation of this Policy.
Example B4 – MAP VIOLATION: Featured MXR Item MAP $100 is bundled with any items valued over $30 ($100 x 30%). This is considered a Policy violation. The DUNLOP MAP Product may not be included in this Bundle Promotion.

C.) DUNLOP MAP Product is included in the bundled group and is not the highest valued item in the bundle.
5.) The DUNLOP MAP Product must be advertised at or above MAP. The total value of bundled items sold separately shall not exceed +30% of the price of the Total Bundle.
Example C5.1- Allowed: Bundle price is $500 and includes 4 items with a total MSRP/MAP value of $650. Because the $650 Value does not exceed by 30% or more the $500 Price, this is allowed.
Example C5.2 - MAP VIOLATION: Bundle price is $500 and includes 4 items with a total MSRP/MAP value of $700. Because the $700 Value exceeds the $500 Price by more than 30%, this is considered a Policy violation. The DUNLOP MAP Product may not be included in this Bundle Promotion. 

DUNLOP MAP POLICY ADMINISTRATOR
No DUNLOP employee or sales representative has any authority to modify or alter this Policy or to negotiate this Policy or any agreement with respect to it with any Reseller. This Policy is unilateral, non-negotiable and will not be discussed by DUNLOP. Nor will it be altered for any Reseller. Each Reseller is free to independently decide whether or not to follow the Policy. All Resellers of MAP Products remain free to sell the MAP Products (as defined below) at any price they choose in their sole and absolute discretion.
The person authorized to answer questions regarding the Policy or to comment on the Policy on behalf of DUNLOP is Stephen Goodrich. Please contact him at MAP@jimdunlop.com. 

The Minimum Advertised Price ("MAP") for the MAP Products shall be posted on DUNLOP's website at jimdunlop.com/map

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