AUTHORIZED RESELLER POLICY
EFFECTIVE OCTOBER 15, 2023
This Authorized Reseller Policy (the “Policy”) governs Grim Reaper Broadheads, Inc. (“Grim Reaper Broadheads”, “GRB”, “we” or “us”) authorization of You as an authorized reseller of GRB products, as well as products of other brands controlled or owned by GRB (ex: Old Glory) (the “Products”). By purchasing Products from GRB or approved resellers, You accept the terms and conditions contained in this Policy. If You do not agree to these terms and conditions, do not purchase the Products.
1. Authorized Reseller Status. Subject to Your adherence to this Policy, GRB authorizes You to be an authorized reseller of the Products (“GRB Authorized Reseller”). As a GRB Authorized Reseller, You may qualify for certain GRB benefits, including, but not limited to, special reseller pricing, promotions, information, materials, services, and/or original manufacturer’s warranties. GRB has the right, at any time and for any reason, to terminate Your status as an GRB Authorized Reseller and to terminate any associated benefits.
2. Customer Experience. To be a GRB Authorized Reseller and foster a positive customer experience:
• You must operate a “brick and mortar” store that offers Products to customers face-to-face in a physical office or store.
• You must have sales personnel trained to accurately describe, demonstrate, and sell each Product kept in your inventory.
• You must present Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of GRB.
3. Product Sourcing. You may only purchase Products from GRB, or resellers expressly approved by GRB.
4. Unauthorized Sales. Except as expressly authorized in writing by GRB, You may not offer, advertise, or sell products online outside of Your own proprietary website and You may not sell Products under an alias unknown to GRB. You may not offer, advertise, or sell Products on or to online marketplaces such as Amazon, eBay, Alibaba, etc (individually and collectively referred to as "Online Marketplaces"). You may not offer or sell Products to purchasers You know or reasonably should know intend to make the Products available for purchase on or to Online Marketplaces, or in any other way that is in violation of this Policy. You agree to inform purchasers who purchase Products from You for the intent of reselling Products about this Policy. Products sold to unauthorized purchasers and/or Products sold through unauthorized channels may not be eligible for certain GRB benefits, including, for example, original manufacturers warranties. If
You become aware, or reasonably suspect, You are purchasing Products from an unauthorized reseller, or any purchaser is purchasing and reselling Products from You in a manner not authorized under this Policy, You agree to notify GRB in writing by sending an email to
firstname.lastname@example.org and take other actions as reasonably requested by GRB.
5. Minimum Advertised Price (MAP) Policy. GRB has a MAP policy that applies to all GRB Authorized Resellers within the United States (“GRB MAP Policy”). If You are a GRB Authorized Reseller and selling within the United States, You must comply with the GRB MAP Policy.
6. Quality Control Measures. To protect GRB’s goodwill and ensure Product quality and Product authenticity:
• You must inspect Product shipments upon receipt and during storage for damage, defect, evidence of tampering, or another non-conformance. If You identify any non-conformance, You must report the non-conformance to GRB at email@example.com within three business days and You must not offer the Product for sale unless expressly approved by GRB in writing.
• You must sell Products in their original packaging.
• You must not relabel, physically repack, or alter or modify any Product or Product packaging.
• You must not tamper with, deface, or alter serial numbers, batch, or lot codes, UPC codes, or any other identifying information on Products or their packaging.
• You must not remove, translate, or modify the contents of any label or literature (including safety information) on or accompanying the Products.
• You must cooperate with GRB in any recall of Products or other consumer safety communications.
You must convey policy updates and other information for Products to Your customers as such updates or information is made available to You by GRB in a timely manner so as to not be a detriment to GRB.
7. Product Warranty. GRB may extend an original manufacturer’s warranty to authorized purchasers of certain Products. You may not modify or alter this original manufacturer’s warranty, represent, or characterize the original manufacturer’s warranty in any misleading manner, or extend Your own warranty with respect to the Products. With exception of the original manufacturer’s warranty (if any), GRB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OF
TRADE OR OTHERWISE. GRB SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF SALES, OR LOSS OF PROFITS.
8. Compliance with Applicable Laws. You must comply with all applicable laws, rules, regulations, and policies relating to advertising, sales, and marketing of the Products.
9. GRB Brand Materials. GRB owns all proprietary rights in and to trademarks, service marks, trade dress, copyrights, and other intellectual property rights associated with GRB and the Products (collectively the “GRB Brand Materials”). You agree to only use the GRB Brand Materials as authorized by GRB. All goodwill arising from Your use of the GRB Brand Materials shall inure solely to the benefit of GRB.
10. Termination. If You fail to abide by any term or condition of the Policy, GRB may immediately terminate its relationship with you and refuse to sell you Products. GRB may also terminate or suspend Your status as an GRB Authorized Reseller, along with all benefits associated with being a GRB Authorized Reseller. Upon termination, for any reason, You must immediately stop representing Yourself as an GRB Authorized Reseller, disclaim all benefits associated with being an GRB Authorized Reseller, and stop use of and return all information and materials that may give the impression You have any affiliation with GRB.
11. Miscellaneous. GRB reserves the right to update, amend, or modify this Policy at any time. Unless otherwise provided, such amendments will take effect immediately and Your continued use, advertising, offering or sale of Products, use of the GRB Brand Materials, or use of any other information or materials provided by GRB to You as an GRB Authorized Reseller will be deemed Your acceptance of the amendments. GRB sales personnel have no authority to modify or grant exceptions to this Policy. This Policy is not intended to prejudice GRB’s rights to pursue alternative or additional measures available to it under the relevant laws. GRB reserves all rights.
12. Contact Us. All questions regarding this Policy should be directed to:
Grim Reaper Broadheads Jay Liechty, President and Policy Coordinator 300 North Draper Lane Provo, Utah 84601 801-377-6199 firstname.lastname@example.org
GRIM REAPER BROADHEADS MINIMUM ADVERTISED PRICE POLICY
Grim Reaper Broadheads has been in business for 20 years. We have always believed that the long term health and success of the
archery industry lies in businesses that can properly equip and assist both new and experienced archers in selecting and setting up their
equipment. The services and expertise provided by these businesses and their personnel is the foundation for the continued growth and
success of our industry. These services cannot be provided through the internet.
Grim Reaper Broadheads manufactures high end broadheads for the bowhunter wanting a quality product. Our products are significantly
advanced from other broadhead brands and we offer many different models, some being specific to certain animals or specific setups.
These advanced products are more complicated and require the expertise of qualified personnel to assist the customer in selecting the
correct Grim Reaper broadhead for their set up and the animals they will be hunting. We have witnessed over the years that companies
without the necessary, trained personnel to adequately explain the features, functionality, and benefits of our products end up with a
much higher return rate and lower customer satisfaction. Online and mail order companies who focus on quick sales and low prices do
not have the desire or qualifications needed to assist our valued customers in understanding the features, functionality, and benefits of
our products. To preserve the long-term health of the archery industry as well as Grim Reaper Broadheads’ reputation for providing
high quality products and great service, Grim Reaper Broadheads must exercise a degree of control over how our products are sold.
Therefore, all sales of Grim Reaper Broadheads products will be subject to our MINIMUM ADVERTISED PRICE policy. This policy
has been unilaterally adopted and will be strictly and uniformly enforced. It may be modified at any time by Grim Reaper Broadheads.
The terms of this policy apply to all resellers, and all resellers are expected to communicate and enforce the requirements of this policy
to their respective resellers, franchisees, and buyers of Grim Reaper Broadheads products. Failure to comply with this policy by either
a reseller OR a reseller’s reseller, franchisee, or buyer shall be treated as a policy violation.
Resellers remain free to establish their own resale prices for all of Grim Reaper Broadheads products. However, if Grim Reaper
Broadheads determines to its satisfaction that any Grim Reaper Broadheads product has been offered or listed at a price below the
Minimum Advertised Price (MAP) established by Grim Reaper Broadheads, (1) Grim Reaper Broadheads will consider such
advertisement a violation of this policy. The MAP of each Grim Reaper Broadheads product is stated on all of Grim Reaper
Broadheads’s wholesale price lists.
This policy applies to all advertisements of Grim Reaper Broadheads products via any medium, including, but not limited to, print,
internet, radio, television, newspapers, mail order catalogs, or email solicitations. This policy does not apply to products discontinued
by Grim Reaper Broadheads. Grim Reaper Broadheads reserves the right to periodically permit resellers to advertise Grim Reaper
Broadheads products at prices lower than the MAP. Permission is granted only in writing by an authorized person employed by Grim
Grim Reaper Broadheads reserves the right to investigate and make its own independent determination as to whether this policy has
been violated. Upon determination to its satisfaction that Grim Reaper Broadheads’ policy has been violated, Grim Reaper Broadheads
reserves the right, in its unilateral discretion, to take any action with respect to any reseller that violates this policy, including the right
to cancel new orders and to refuse to accept any additional orders.
Each reseller of Grim Reaper Broadheads products is free to independently decide whether or not to follow this policy. Grim Reaper
Broadheads will not discuss any conditions of acceptance related to this policy, as it is nonnegotiable and will not be altered for any
reseller. In addition, Grim Reaper Broadheads does not ask for, nor will it accept, any assurance of compliance with this policy.
Nothing in this policy shall constitute an agreement between Grim Reaper Broadheads and any reseller that the reseller will comply
with this policy.
Grim Reaper Broadheads sales personnel have no authority to modify or grant exceptions to this policy. All questions regarding the
interpretation of this policy must be directed to Grim Reaper Broadheads’ president and policy coordinator, Jay Liechty at email@example.com.