SEAKEEPER RIDE UNILATERAL MINIMUM RETAIL PRICE (MRP) POLICY

In an effort to protect the long-term interest of not only Seakeeper Ride, but also all of our dealers, distributors, and customers; Seakeeper, Inc. (“Seakeeper”) has adopted a Minimum Retail Price (MRP) Policy (“Policy”) for selected products.  The MRP Policy is to ensure the preservation of Seakeeper Ride’s superior technology, the quality of Seakeeper Ride products, the product value, and to properly establish the brand’s reputation of its products in the appropriate market segment. The MRP Policy is subject to all dealers, distributors, retailers, online sellers, online marketplace sellers, warehouse distributors, and any reseller(s) they sell to (together and individually, “Resellers”) located in the United States of America and Canada, unilaterally and without exception.

The Policy covers communication by any form of print, electronic or broadcast media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, search engine (PPC) advertising, email marketing, online display advertising, social media marketing, search engine optimization (including page titles and descriptions), shopping feed and comparison shopping engine advertising, affiliate marketing, print advertising, radio advertising, TV advertising, cataloging, direct mail marketing, and couponing.

This Policy has been unilaterally adopted and will be enforced strictly and uniformly. Seakeeper reserves the right, in its sole and absolute discretion, to modify, suspend or discontinue this Policy in whole or in part at any time. Although Resellers remain free to establish their own resale charges,  Seakeeper will unilaterally determine whether MRP Products are being advertised, offered, or sold at prices as specified in the current Seakeeper Ride MRP List (“MPR Product”). After satisfactory verification of a MRP Policy violation, Seakeeper Inc., at its sole discretion and without assuming any liability, will cancel all orders and refuse to accept new orders for a period of six (6) months from any Reseller that has advertised, offered, or sold such MRP Product at a net retail sales price less than the MRP published in the current Seakeeper Ride MRP List. Moreover, all subsequent MRP Policy violations by the Reseller will result in further sanctions, penalties, and enforcement actions as Seakeeper may deem appropriate, including but not limited to, the indefinite discontinuation of orders from the Reseller, loss of discounts, and/or termination of the Distributor Purchasing Agreement.

Any discounting of the MRP for a MRP Product, including, without limitation, advertising, offering, or providing coupons, gift cards, rebates, free accessories, bundling with additional products, or payment of sales tax for the customer – will be regarded as a violation of the MRP Policy if the net retail price for the MRP Product is less than MRP after deducting the value of the coupon, rebate, gift card, accessory, bundled product, or covered sales tax.  The following will also be considered violations of this Policy: (a) advertising any net price for a MRP Product less than the MRP in connection with any advertisement of a trade-in offer for any other product; or (b) displaying in, or in association with, any advertisement for a MRP Product any specific trade-in price or value for any trade-in of any other product.  

Seakeeper will not discuss any conditions of acceptance related to this Policy, as it is non-negotiable and will not be altered for any Reseller. Seakeeper neither solicits, nor will it accept, any assurances of compliance with this Policy. Nothing in the Policy shall constitute an agreement between Seakeeper and any Reseller that Reseller will comply with this Policy. Seakeeper personnel are not authorized to modify or grant exceptions to this Policy. Accordingly, all Seakeeper Ride personnel and sales representatives have been specifically instructed not to discuss this Policy beyond the content of this statement with anyone outside of Seakeeper. Please do not attempt to discuss this Policy or communicate to Seakeeper Ride personnel or sales representatives. For questions, concerns, or to report an infraction; please send all communications to ride.support@seakeeper.com.

Additional information regarding the MRP Policy may be issued by Seakeeper from time to time in the form of MRP Policy Frequently Asked Question. The latest version of such FAQ is available at https://ride.seakeeper.com/faqs/.