Mission Motos Motorcycle Accessories

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MISSION MOTOS DEALER AGREEMENT

Minimum Advertised Price Policy for Mission Motos Products

1.INTRODUCTION:

Mission Motos LTD. is committed to maintaining the superior quality and integrity of its line of Motorcycle Accessories Line. Mission Motos has developed the following Minimum Advertised Price Policy (MAP) for its Dealers in order to promote advertising policies that preserve and enhance the reputation of Mission Motos products for superior quality and thereby encourage the long term success of its Dealer Distribution Network. This policy becomes effective upon  signing.

2.MINIMUM ADVERTISED PRICE:

The MAP is defined as 10% off Mission Motos current Manufacturer Suggested Retail Price(MSRP)
A copy of current MSRP is attached.

3.SCOPE OF POLICY:

This policy prohibits all Dealers of Mission Motos Products from advertising at below the MAP. Further ,the policy applies to advertising of all Mission Motos Products by Dealers in any external media including, but not limited to radio, television ,internet, print, and in any form, such as direct mailings, catalogues, price lists, flyers, group e-mailing, and trade show signage and brochures.
  This policy applies strictly to advertised prices and will not in any way restrict the Dealers ability to determine its own resale prices. Moreover ,the policy is not intended to prohibit any dealer from providing below MAP quotations on an individual basis in response to a specific request for quotation by an individual customer ; provided such response is not automated and is given by person-to -person communication. Further,dealers may indicate on their websites for Mission Motos Products that customers may contact the Dealer directly for a price quotation.

4.ADMINISTRATION OF MAP POLICY:

This is a unilateral policy and it will be administered and enforced by Mission Motos LTD. in its sole discretion. The MAP for any Mission Motos Product will be determined by and communicated to Dealers by Mission Motos LTD. in writing from time to time . No external complaints or reports concerning this policy are solicited by Mission Motos LTD., nor will any such external complaints or reports be used by mission Motos LTD. as a basis for enforcement of the policy. No employee or representative of Mission Motos LTD. will discuss or negotiate this policy with the individual Dealers, other than to advise Dealers regarding the administration of the policy. Questions regarding the policy should be directed to Mission Motos LTD. via e-mail at sales@missionmmotos.com

5.VIOLATION OF MAP POLICY:

While dealers have the complete freedom to resell Mission Motos products at any price and to advertise Mission Motos products in any manner(subject to terms and conditions of Authorised dealer Agreement),if Mission Motos LTD. verifies that a Dealer is advertising Mission Motos products below the MAP or is otherwise violating this policy, Mission Motos LTD. will impose the following penalties:

 Upon the first violation, Mission Motos will issue a written notice of violation to the Dealer and will give the Dealer an opportunity to
 remove from publication(including internet) any price advertising that violates the policy.
    
 Upon a second violation, a second written notice will be issued, and the Dealers right to purchase Mission Motos products will be
 automatically suspended for a period of 60 days after the date of the second notice.

 Upon a third violation, a third written notice will be issued and, in Mission Motos LTD. sole discretion, the Dealers right to purchase 
 Mission Motos products will automatically be suspended for a period to be determined by Mission Motos LTD. by Mission Motos  
 or  the Mission Motos Authorised dealer Agreement will be terminated.  

Seperate violations will be deemed to have occurred if a violation continues after Mission Motos LTD. has issued a notice of violation to a Dealer (e.g., the same offending advertisement runs on multiple occasions or in different media). the preceding enforcement measures are necessary to protect Mission Motos and its Dealers.

6.OTHER VIOLATIONS:

The following practices will also be treated as violations of the Policy, on the basis that they violate the spirit of the Policy and may be used to circumvent the Policy.
     
The use of any rebate, discount, discount, coupon, promotion, giveaway or incentive in any advertising by a Dealer where the
cumulative effect is to reduce the advertised price of a Mission Motos product below its MAP.

The use of "click on" or "click through" buttons on a website, or any similar buttons or automated price quotation transmission
 feature to provide automatic price quotations at below the MAP for any Mission Motos product.

7.DEALERS WITH MULTIPLE LOCATIONS:

For Dealers with multiple store locations, a violation of this policy by any one store location shall be considered a violation by the entire Dealership.

8.CURRENT PRODUCTS ONLY:

This policy shall apply only to current products and shall not apply to any non-current, close-out or discontinued Mission Motos products. The determination as to whether a product is no longer current, or is a close-out or discontinued product shall be made by Mission Motos LTD. in its sole discretion. All Mission Motos products shall be deemed current products as described on Mission Motos LTD. website or other official materials from Mission Motos LTD.

9.AMENDMENTS:

Mission Motos LTD. reserves the right to amend this policy and/or its MAP at any time upon prior written notice to Dealers. Amendments to the policy will not apply to any Dealer advertising that has already been prepared and is scheduled for delivery within 30 days after the date that Mission Motos LTD. gives the Dealer notice of the amendment. Otherwise Dealers are responsible for observing the current version of this policy as current MAPs.

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