TYTUS Grills, LLC
TYTUS Grills, LLC (“TYTUS Grills”), as the manufacturer of TYTUS branded grills and accessories, has a strong interest in ensuring that its direct customers and the re-selling entities they sell to (together and individually “Resellers”) provide superior service and tangible product presentation, aggressively promote the TYTUS brand image, and demonstrate product performance, features and benefits. The purpose of this Internet Minimum Advertised Price Policy (“IMAP Policy”) is to set the minimum price levels at which Resellers may advertise on the internet specified products manufactured by TYTUS Grills and to set the appropriate channels through which Resellers may sell TYTUS Grills on the internet. Certain online advertisements can cheapen the quality brand image that TYTUS Grills has worked hard to develop.
Maintaining the IMAP helps TYTUS Grills better compete in the marketplace against other brands by protecting against unintended and inconsistent marketing messages that can diminish the brand in its product markets and, therefore, negatively affect investment in the brand and promotion of the brand by TYTUS Grills and Resellers.
TYTUS Grills will unilaterally refuse to sell to Resellers who violate this IMAP by advertising any TYTUS product at prices below the Internet Minimum Advertised Price (the “IMAP Price”), which shall be the current price published on the TYTUS Grills IMAP Price Sheet or selling through third-party seller or auction platforms (the “Unauthorized Internet Sales Channels”).
This IMAP Policy applies to all Resellers in the United States and to advertisements on the internet only. Internet advertisements include prices listed on a Reseller’s website, on a third-party platform (such as Amazon or E-Bay), social media platforms, internet or website banners, search engines, and online coupons or vouchers. This IMAP Policy does not apply to non-internet advertisements, such as local mailers, printed coupons or advertisements, television or radio advertising, or email promotions to customer lists.
TYTUS Grills reserves the right, in its sole discretion, to amend, modify, suspend, or cancel this IMAP Policy at any time. TYTUS Grills also reserves the right, in its sole discretion, to revise the TYTUS Grills IMAP Price Sheet at any time. TYTUS Grills will provide Sellers at least 30 days’ notice of changes to the TYTUS Grills IMAP Price Sheet. TYTUS Grills may unilaterally determine that certain products will be excluded from this IMAP Policy, such as distressed, discontinued, or closeout items. Any items that TYTUS Grills determines should be excluded from the IMAP Policy will be clearly identified by TYTUS Grills as excluded on the TYTUS Grills IMAP Price Sheet.
Internet advertising that includes coupons, rebates or other discounts—including a percentage or dollar amount discount of any type, bundles, or loyalty discounts—that bring the advertised price for a TYTUS Grills product below the IMAP Price will constitute a violation of this IMAP Policy. It is a violation of this IMAP Policy to include a TYTUS Grills product in an internet advertisement that suggests that a storewide sale (e.g., 10% off entire order or 10% off all items) is applicable to a TYTUS Grills product.
Resellers are not prohibited from selling below the IMAP Price and are free to disclose a lower price in response to unsolicited customer requests that Resellers receive via electronic means, including email or instant message. The prohibition on below-IMAP Price advertising applies to all publicly accessible levels/pages on a website or platform, other than pages associated with an intent to purchase, such as a customer’s “shopping cart” page or a purchase confirmation page.
Resellers may not offer to sell or make a sale through an Unauthorized Internet Sales Channel. Unauthorized Internet Sales Channels include third-party sales platforms (such Amazon marketplace, Facebook marketplace, Google Express, and Alibaba) and online auction sites (such as eBay). Resellers may offer and sell TYTUS Grill products through their own website or mobile application that is not co-branded with a third party. A “sale” occurs if a customer accepts an offer to sell, or a seller accepts an offer to buy, a new or previously unsold TYTUS Grills product. An “offer to sell” does not require acceptance of the offer.
No Application to Actual Retail Price
The IMAP Price applies only to the advertised price and does not apply to the prices at which Resellers actually sell TYTUS Grills products. TYTUS Grills Resellers are free to establish their own retail prices.
TYTUS Grills adopted and enforces this IMAP Policy unilaterally. TYTUS Grills has not sought and will not seek any agreement from any Reseller to comply with this IMAP Policy, and nothing in this IMAP Policy shall constitute an agreement between TYTUS Grills and any Reseller or other party. TYTUS Grills will not alter or grant exceptions to this IMAP Policy for any Reseller. TYTUS Grills has not and will not solicit, consider, or otherwise entertain suggestions, comments or reports regarding this IMAP Policy, the IMAP Price, or the TYTUS Grills IMAP Price List from Resellers or any other party. TYTUS Grills sales personnel and other employees have no authority to modify or grant exceptions to this IMAP Policy, and all TYTUS Grills personnel have been instructed not to discuss this IMAP Policy outside of TYTUS Grills. Please do not attempt to discuss this IMAP Policy with TYTUS Grills personnel or sales representatives or communicate complaints regarding this IMAP Policy to TYTUS Grills personnel or sales representatives.
Any questions regarding this IMAP should be directed to:
TYTUS Grills, LLC
Attn: General Counsel
7151 Metro Blvd.
Edina, MN 55439
TYTUS Grills (or a third party hired by TYTUS Grills) will unilaterally monitor this IMAP Policy, and TYTUS Grills will unilaterally enforce this IMAP Policy. TYTUS Grills will decide in its sole, unilateral discretion whether Reseller advertising violate this IMAP Policy. TYTUS Grills will not solicit or accept any communications from any Reseller regarding possible violations of this IMAP Policy by any other Reseller.
TYTUS Grills has unilaterally adopted the following penalties for violations of this IMAP Policy:
- The first violation will result in a written warning.
- The second violation will result in a one-month suspension from purchasing TYTUS Grills products.
- The third violation will result in the permanent loss of ability to buy TYTUS Grills products.
Should a Reseller be suspended or terminated because of violations of this IMAP Policy, TYTUS Grills will have the right to re-purchase the TYTUS Grills products from Reseller at the price paid by the Reseller.
This IMAP Policy will become effective on May 1, 2020.