Lowbrow Customs, LLC Minimum Advertised Price Policy Effective 10/25/2016
Lowbrow Customs has focused on quality-made, cool parts for customizing all makes and models of motorcycles since 2004. Being that motorcycles are our passion as well as business, we put countless hours into research and development, and extensive testing, of all parts we make. We also know that many of our dealers invest significant time, energy and resources to provide the best possible customer experience. We want to protect their ability to do so, while at the same time discouraging price-‐based advertising that would be detrimental to our dealers’ service and support efforts. As a result, Lowbrow Customs, LLC has established this Minimum Advertised Price (“MAP”) Policy.
MAP is equal to Lowbrow Customs' full retail MSRP ("Manufacturer's Suggested Retail Price") with no discounting. Lowbrow Customs, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower than the MAP.
The products covered by this policy include all products produced under the Lowbrow Customs brand name.
Lowbrow Customs recognizes that dealers are free to make their own decisions to advertise and sell any Lowbrow Customs product at any price they choose, without consulting or advising Lowbrow Customs. Similarly, Lowbrow Customs will exercise its right to make its own decisions regarding the Lowbrow Customs Authorized Reseller Program, supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
Authorized Dealers may use the Trademarks including, “Lowbrow Customs,” “Lowbrow,” “P-Nut Tank” or any similar marks or derivatives thereof, Product part numbers or any Copyrighted Material, in connection with any Product advertising, publication, catalog, web page, or other printed, audio, video, or electronic material as long as they adhere to the following requirement: "No Trademarks or Copyrighted Material may be used in any advertisement, catalog, or publication, whether printed, audio, video, or electronic unless the price used is the suggested retail price ("SRP") as published by Lowbrow Customs"
Advertising practices that have the effect of changing the advertised price from the SRP, such as, for example, combining a Product with a “free” product or in a “package” with other products or with a discount coupon or promotional code and discounts with membership violate this Policy. Advertisements containing phrases such as “click for price,” “email for price,” “email for best offer” “call for price” or other similar phrases that imply the price will be different than the SRP are a violation of this Policy. Advertisements that offer discounts must specifically and conspicuously exclude the Products. An advertisement that offers or implies a price other than the SRP on any Product will be a violation of this Policy. Advertisements that advertise a price above the Original Retail (defined below) or imply that a price other than LeMans’ SRP is the SRP violates this Policy. This Policy is not applicable to any in store advertising such as in-store displays or signs.
For purposes of this Policy, “advertisement” is defined as any advisement, announcement, information, publication or notice given or made by a Dealer in connection with the solicitation of business or sale of any Product(s) in whatever medium is now known or hereafter developed including print, radio, newsletter, television, handbill, sign (except signs inside the Dealer’s retail store directed to consumers inside the store), catalog, letter (including e-mail), electronic media (including, but not limited to, the use of text messages, Twitter, Facebook, blogs, forums and other forms of social media) which includes, a Trademark, Copyrighted Material or a reference to the Dealer’s website where the Products are advertised for sale, telecommunication, internet or online sales. For purposes of internet sales, the entire web site, including, but not limited to, the “shopping cart” or similar web site location, will be considered part of the “advertisement” if it can be accessed by links contained on or within the website.
The advertisement for sale by any Dealer of any Lowbrow Customs product on third party websites is prohibited as of December 1st, 2016. A third party website is any website not owned and controlled by the Dealer (examples include eBay.com, Amazon.com, etc). Lowbrow Customs reserves the right to identify additional prohibited third party website(s) in the future by updating this MAP Policy.
If a Dealer violates this Policy, Lowbrow Customs will enforce this Policy in the following manner (a subsequent offense will be deemed to have occurred if another offense occurs within 24 months of the prior offense):
FIRST OFFENSE: Dealer will receive a documented notice of violation (“Notice”) and will be given two (2) business days to remove any offending electronic advertisements from web pages, Internet sales sites or other electronic media and thirty (30) calendar days to remove the offending print advertisements from publication and distribution.
SECOND OFFENSE: Dealer will receive a Notice and will be placed on a non-ship basis indefinitely with regard to all products and will not have access to Copyrighted Material and the Trademarks.
The Limited License rights granted in this Policy do not include the right of Dealers to register the Trademarks as or within domain names or to use the Trademarks in Dealer trade names. Dealer recognizes that Lowbrow Customs has the exclusive right to all Trademarks used by Lowbrow Customs to identify its Products and Dealer agrees that it will not claim any right, title or interest therein. Nothing herein shall be construed to give Dealer any right, title or interest in the Trademarks or Copyrighted Material.
The MAP Policy will be enforced by Lowbrow Customs in its sole discretion and without notice. Dealers, distributors, resellers, have no right to enforce the MAP Policy. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. This Policy is subject to change at Lowbrow Customs’ sole discretion. All questions related to this to this MAP Policy should be directed to: