EFFECTIVE DATE: January 1, 2018
TITAN Survival (or “TITAN” henceforth) is a leading manufacturer of high-quality, innovative outdoor equipment and is driven by a passion to blend superior design and function with quality materials to create superior products that enhance the lifestyles of its customers. TITAN’s product lines, including SurvivorCord™, WarriorCord™, TACAMO™, SHROWD™, and Survival Blankets™, are well-regarded as being among the best in the industry.
The success of TITAN’s product lines has been due, in large part, to our retail distributors significant investment in promoting TITAN products and in educating consumers about the benefits of those products. Selling TITAN’s products involves a thorough understanding of outdoor survival gear, as well as knowledge of the proper usage and distinct characteristics of those products. To maintain the value of the TITAN brands in today’s market, and to encourage the continuing investment by distributors in promoting its products, TITAN has updated the following Minimum Advertised Price (“MAP”) Policy, effective January 1, 2018, for all TITAN retail distributors located throughout North America ("Distributors" or “You”):
- In a unilateral policy decision regarding the marketing of its products, TITAN has determined that certain “TITAN Products” should not be advertised at a price less than the minimum advertised price (the “MAP Price”), as those terms are defined below.
- A “TITAN Product” is any product supplied by TITAN (including TITAN Survival™, SurvivorCord, SHROWD, and TACAMO™ product lines), and listed in the corresponding product line’s current Retail Price Book.
- The current “MAP Price” for TITAN Products under this Policy is as specified in the MAP Price column of the current Retail Price Book.
- This MAP Policy applies only to “advertised prices” of TITAN products, as that term is defined below. This Policy does not apply to in-store price advertisements or in-store promotional materials so long as such advertising is not distributed. Nor does it apply to “price quotes” or “sales prices,” as those terms are defined below. This Policy does not apply to the price at which TITAN Products are sold to individual consumers.
- An “advertised price” is the specific price that a Distributor advertises for a specific TITAN model in Distributor-initiated media messages and / or messages aimed at the public. The types of advertising covered by this Policy are:
- Print advertising such as newspapers, magazines, and print inserts.
- Broadcast advertising such as radio and television.
- Direct advertising such as catalogs, newsletters, direct mail pieces, flyers, and broadcast faxes, whether mailed, hand delivered, or shipped in-box with product.
- E-mail advertising. Links from within the body of the e-mail are considered a part of the e-mail advertisement.
- Internet advertising such as banner, pop-up, and pop-under advertisements.
- Any website accessible to the public, including traditional retailers, eCommerce retailers, vendor portals, shopping sites, auction sites, and any publicly accessible web page with a shopping cart prior to sale.
- A “price quote” is the price that a Distributor communicates to a customer who inquires about TITAN products, whether the inquiry or the quote was transmitted orally, by telephone, by email, or by letter.
- A “sales price” is the price that a customer pays a Distributor for a TITAN product, netted down to account for any discounts or other consideration from the Distributor.
- Until further notice, all “TITAN Products” (as defined above) are subject to this MAP Policy. TITAN may revise this MAP Policy or its Map Prices at any time and in any respect. When and if it does, those revisions will be made available to You.
- If a violation of this MAP Policy occurs, all open orders for the TITAN model at issue will be cancelled, and TITAN will refuse to accept new orders for that model. This consequence is standard and will not vary. In addition, TITAN has determined that violations of this MAP Policy may be considered good cause for TITAN to refuse to accept new orders for all TITAN products.
- IMPORTANT: Distributors are free to determine on their own the prices at which they will advertise all TITAN products. Nothing in TITAN’s MAP Policy or Price Book is to be construed as an agreement between TITAN and any Distributor on the resale price of TITAN products. TITAN does not seek and will not accept any such agreement. To be eligible for uninterrupted supply of TITAN products, however, a Distributor must follow TITAN’s MAP Policy. If any Distributor believes that any person associated with TITAN has attempted to depart from this Policy by attempting to agree or agreeing on a price at which the Distributor will advertise, quote, or sell a TITAN product, then the Distributor should immediately notify TITAN in writing at the address provided below.
- TITAN is not asking or requiring Distributors to agree to any aspect of the MAP Policy. TITAN is implementing the MAP Policy as its own policy and advising Distributors that there will be certain consequences if they advertise TITAN Products at prices less than the applicable MAP Price. Distributors remain free to determine if they wish to follow the TITAN Policy or not.
- Only TITAN can determine if a violation of this Policy has occurred, and TITAN alone is responsible for enforcing its MAP Policy when it determines that the Policy has been violated. The details of TITAN’s enforcement decisions will be strictly between the Distributor that has violated the MAP Policy and TITAN. TITAN’s salespeople are not allowed to discuss these details with other Distributors, and they cannot modify the Policy’s provisions.
- If you are in doubt as to whether You are in compliance with TITAN’s MAP Policy, we encourage You to contact TITAN’s Minimum Advertised Price Policy Administrator in writing at the following address for verification:
MAP Policy Administrator
3875 Gossamer Way
Ceres, CA 95307
- Distributors will be notified in writing if they have violated the MAP Policy, and any decision to discontinue the supply of TITAN product will apply to the Distributor at all locations in the United States. TITAN will consider each violation based on its own facts, and any decision by TITAN to discontinue the supply of TITAN product cannot be appealed. TITAN may unilaterally decide to review a Distributor’s status after an independently determined period of time.
- TITAN has unilaterally implemented this MAP Policy in accordance with its right to choose the Distributors with whom it wishes to deal. Just as a Distributor may cease purchasing TITAN products at any time and for any reason, TITAN reserves its right to cease doing business with any Distributor with or without cause.
- This MAP Policy will remain in effect until further written notice from TITAN’s MAP Policy Administrator. TITAN reserves the right to terminate or amend this Policy in its sole discretion at any time without prior notice. This MAP Policy supersedes all prior policies established by TITAN on the same subjects.
- This Policy only concerns the pricing of TITAN products. All other terms and conditions of sale remain in effect, as do any other TITAN distribution policies.