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AWE MINIMUM RESALE PRICE POLICY

Effective Date: February 1, 2018
Last Update: October 25, 2022

Introduction: AWE’s goal in enacting this AWE Minimum Resale Price Policy (MRP) Policy (the “Policy”) across its dealer network is to preserve a mutually beneficial strong brand image and reputation for providing customers with high-quality performance products.

Definition of the Policy: Under the Policy, which shall be effective immediately, AWE dealers may not sell or offer for sale any AWE product to an end consumer (user of the product(s)) at a selling price lower than AWE’s Minimum Resale Price (hereinafter “MRP”) as found in AWE data, unless otherwise stated in official communication, or as stated herein, from an approved AWE representative or during a Promotional Period (defined below). Notwithstanding the foregoing, dealers of AWE products may offer free shipping or free installations on AWE products.

Promotional Periods by Manufacturer: From time to time, AWE may offer a promotional discount and/or a “MRP Holiday” that may change MRP. AWE also reserves the right to offer one-time promotional incentives or offers to dealers.

AWE MRP Policy Exemptions: A Dealer does not violate the MRP Policy by offering or selling any or all AWE products at a Net Adjusted Price that is less than the applicable MRP(s) if such offer or sale is made in accordance with any of the following exemptions (collectively, the MRP Policy Exemptions”) and otherwise complies with this Policy:

  • Approved Dealer Sprints. Dealers in good standing as determined by AWE may request the ability to do consumer-focused promotions (aka "Dealer Sprints") by filling out this promotion request form. AWE will not reduce wholesale pricing during Promotional Periods by Dealers. These requests must be submitted in writing thirty (30) days in advance of desired promotion, with promotional details and durations requested in the form.
  • eBay “site-wide” discounts. From time to time, eBay may offer site or section-of-site-wide discounts that are not started by the AWE dealer. In these instances, AWE dealers may not promote that AWE is a part of these eBay discounts.
  • Loyalty Points: The accrual of “points” or other things of value (“Loyalty Points”) in connection with the purchase or receipt of any or all products and services from such Dealer and the subsequent application of Loyalty Points (but only in one or more transactions other than the one(s) in which they were earned), as long as: (A) such Dealer has received AWE Notice expressly approving in advance the participation of each of the AWE Products eligible for Loyalty Points (collectively, the“Loyalty-Eligible Products”); (B) such Dealer complies with the terms and conditions of such approval; (C) Loyalty Points may be accrued and applied to all or almost all of the products and services offered by such Dealer, (D), unless expressly approved in advance by AWE Notice, the accumulation rate for Loyalty Points applicable to the purchase of any or all of the Loyalty-Eligible Products is no more than that applicable to all or almost all other brands of products offered by such Dealer (as determined by AWE regardless of category); and (E), unless expressly approved in advance by AWE Notice, nothing promoting Loyalty Points mentions, uses, depicts or otherwise refers to or appears adjacent to or near any or all of (1) the Covered Products and (2) the AWE Intellectual Property.
  • Gift Cards: Each offer or sale referring to or applying one or more Gift Cards, as long as such use is in a transaction separate from the purchase or award of such card(s) (However,any or all Gift Cards offered or furnished with the purchase of one or more of the Covered Products will be considered a discount.);
    • “Gift Cards” (in the singular, “Gift Card”) means prepaid store value money cards, other forms of store credit, or the substantive equivalent typically issued by a Dealer or a bank to be used as an alternative to cash for purchases.
    • Gift Cards in any amount may not be offered in conjunction with an AWE product if the Net Adjusted Price is below AWE MRP price.

Territory: The Policy applies to all United States and Canadian AWE dealers, regardless of where the product is being sold geographically. Sale prices must be presented, or have the option of being presented, in U.S. dollars in the U.S. and in Canadian dollars in Canada. The Canadian MRP is 1.42x any MRP (in USD) as seen on AWE's official U.S. retail website. This rate may change from time to time.

Definition of violation of the Policy: A US AWE dealer will be deemed to have violated this Policy if it communicates either orally or in writing a price below the US MRP (taking into account exchange rates), to a consumer via any method including but not limited to a website page, promotions, in-cart discount codes, coupons, loyalty programs, gift cards, private messages, forum communications, emails, texts, in person or conversations. An example of compliance and non-compliance may be found in the Appendix. Any entity found to be selling to any concern on the AWE Do Not Sell List, including posting on Amazon.com, will be deemed in violation of this policy, whereby the penalty steps found in “Enforcement and Penalties” will apply.

Applicable products: This Policy applies to all AWE brand products and applies to both the advertised price and the selling price. Any combination of AWE products must be equal to or greater than the sum of all of the MRPs of the individual products contained in the combination. AWE products in the Gear section of AWE-Tuning.com may be utilized as promotional materials and therefore are exempt from the Policy. Discounted bundles including non-AWE products are considered a violation of the policy unless the bundle originates from AWE or the non-AWE product can be considered an accessory, at AWE’s discretion.

Enforcement and Penalties: This Policy is non-negotiable and will be enforced strictly and uniformly. AWE will not discuss any conditions of acceptance relating to this Policy. Nothing in this Policy shall constitute an agreement between AWE and any dealer or as an agreement among AWE dealers. Should violations not be remedied within 24 hours (workdays) of written notice of violation to the dealer, the next penalty level may be enacted. In the case of the fourth offense, the dealer will be added to the AWE Do Not Sell List. Penalties are as follows:

1. First offense: Written warning.
2. Second offense: 5% reduction in purchase discount for one week.
3. Third offense: 10% reduction in purchase discount for four weeks.
4. Fourth offense: Termination of ability to purchase, add to AWE Do Not Sell List.
5. In addition: A second violation within twelve (12) months of the last offense will immediately progress to the Third Offense. A third violation within three (3) months of the last offense will immediately progress to the Fourth Offense. Adding or removing dealers or distributors from the AWE Do Not Sell List is at the sole discretion of an Authorized AWE representative.

Disclaimers:

a. Reseller is free to charge any price it wishes.
b. AWE will not accept any assurances of compliance.

Authorized AWE representatives: AWE sales representatives or other personnel have no authority to modify or grant exceptions to this Policy.  All questions concerning this Policy must be directed to Jesse Kramer, Vice President, Marketing, 215.658.1875 or jkramer@AWE-Tuning.com.

For any reason(s) deemed appropriate by AWE (including without limitation based upon the request of a dealer for AWE to consider such things as, but not necessarily restricted to, limited-time promotional offers for a dealer event or otherwise), but in no case other than as the unilateral decision of AWE, this Policy may be modified, extended, waived, suspended, discontinued or rescinded in whole or part by notice from AWE at any time (including without limitation during any AWE-designated promotional period(s)), with such action(s) effective immediately or as otherwise described by AWE.

APPENDIX A: MRP COMPLIANCE AND NON-COMPLIANCE EXAMPLES

Example of compliance and non-compliance using a $100 USD price as an example.

 

MSRP

Minimum Resale Price to Consumer (MRP Consumer)

Selling Price

Notes

 COMPLIANT

$100

 $92.00

$92.00

Actual MSRP and MRP can be found in AWE Dealer Data, on the AWE Dealer Portal

 NON-COMPLIANT 

$100

 $92.00

 $91.99

Any selling price below the MRP is considered non-compliant.

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