As you know, Yuasa Battery, Inc. (YUASA) offers a wide variety of batteries to the powersports industry and has a license to sell batteries under the trademark YUASA in the United States and Canada. Since 1979, the YUASA mark has developed a reputation among its customers as a premium battery brand and the name YUASA has become synonymous with uncompromisingly high-quality products and unparalleled customer service.
As you know, Yuasa Battery, Inc. (YUASA) offers a wide variety of batteries to the power sports industry and has a license to sell batteries under the trademark YUASA in the United States and Canada. Since 1979, the YUASA mark has developed a reputation among its customers as a premium battery brand and the name YUASA has become synonymous with uncompromisingly high quality products and unparalleled customer service.
In order to maintain and further enhance the premium image of the YUASA brand, effective June 1, 2016, Yuasa will unilaterally implement this Advertising Policy (the Policy), which prescribes the Minimum Advertised Prices (MAP) at which Covered Products as defined below are to be advertised by Dealers (which, for purposes of this Policy, is defined as any person or entity that resells YUASA branded products), and provides additional guidance with regard to approved advertising. This Policy is being implemented in order to allow Yuasa to better compete in the market for batteries used by the power sports industry. Adherence to the Policy will ensure that the YUASA product line will continue to be represented and supported by resellers that are able to engage in aggressive product marketing, to maintain inventory levels sufficient to adequately serve their respective markets, and to retain skilled and knowledgeable staff in order to provide excellent customer service.
This Policy does not extend to the actual resale prices of Covered Products. Dealers are free to establish resale prices of YUASA brand products in their sole and absolute discretion.
This Policy applies to all products on Yuasa’s MAP Product Price List, attached as Exhibit A and any Covered Advertising (defined below), applicable to such products. The contents of the attached MAP Product Price List and this Policy generally are subject to change from time to time in YUASA’s sole discretion upon reasonable notice. This Policy only relates to current active YUASA merchandise and does not apply to any products deemed to be closeouts. MAP for all YUASA brand products is equal to the Manufacturer Suggested Resale Price (MSRP).
Dealers that advertise Covered Products shall not do so at less than the MAP shown on Yuasa’s MAP Product Price List.
For purposes of this Policy, Covered Advertising shall include the following types of advertising in which a price is included:
- Print advertising such as newspapers, magazines, and print inserts as well as outdoor billboards/signage
- Broadcast advertising such as radio and television
- Direct advertising, such as catalogs, flyers, newsletters, direct mail pieces/coupons, and broadcast faxes; whether mailed, hand delivered, or shipped in-box with product
- Electronic mail advertising, including any web pages that are linked to the email
- Internet advertising such as banner, pop-up, and pop under advertisements
- Any website accessible to the public including traditional retailers, club membership sites, e-trailers, vendors, portals, shopping sites, blogs, forums, and auction sites, except as specified below.
Covered Advertising shall not include:
- In-store merchandising
- Internet checkout pages where a customer makes a final purchase election, such as by means of a web site shopping cart, as long as the product was placed in the cart by a customer who clicked or selected “order” or “add to cart” or a comparable command
- Price negotiations between a Dealer and a particular customer including product quotes and contracts
- Advertising of any YUASA sponsored promotion
YUASA reserves the right to prohibit advertisements for sale of any Product on any Third Party Website. For purposes of this policy, a Third Party Website is any website not owned and controlled by the Dealer.
Dealers advertising Covered Products must comply with this Policy. If a Dealer fails to do so, it may be subject to the following schedule of penalties, which will be imposed at the sole and absolute discretion of YUASA:
First Violation: Notification of the violation will be provided and the Dealer in violation will be given either (1) thirty calendar days to remove the offending print advertisements from publication and distribution, or (2) three business days to remove any offending electronic advertisements from web pages, Internet sales sites or other electronic media.
Second Violation: Notification of the violation will be provided and the Dealer in violation will be suspended from purchasing all YUASA brand products for a period of thirty days or until corrective action is taken if beyond thirty days.
Third Violation: Notification of the violation will be provided and the Dealer in violation will be suspended from purchasing all YUASA brand products for a period of ninety days or until corrective action is taken if beyond ninety days.
Fourth Violation: Notification of the violation will be provided and the Dealer in violation will be suspended from purchasing all YUASA brand products indefinitely.
Dealers should not communicate with one another concerning compliance with this MAP Policy, nor should any Dealer attempt to communicate with Yuasa concerning the compliance with this Policy by another Dealer. Yuasa will not entertain or respond to complaints by one Dealer regarding another Dealer’s advertising or pricing practices. Any determinations with regard to this Policy, including the finding of any violation shall be made unilaterally by Yuasa.