Dear Dealer, At Dynojet Research, Inc., we are committed to you— the Dynojet and Dynatek dealers that have enabled our company to become a leader in the development and manufacturing of fuel management and diagnostic products to maximize performance and increase efficiency. To protect our brands and the integrity of our authorized distribution channels, Dynojet Research is announcing and implementing an Authorized Reseller Program for the Dynojet and Dynatek brands in the United States, effective May 1, 2021. Among other benefits, our Authorized Reseller Program will ensure that all sellers of Dynojet and Dynatek products understand and take the steps necessary to ensure product quality and provide the excellent customer service that is integral to the reputation of our brands. In addition, our Authorized Reseller Program will assist us in identifying and taking action against unauthorized sellers that are harming you and consumers through the sale of damaged and diverted products. Your obligations under our new Authorized Reseller Program are outlined in the Dynojet Research, Inc. Authorized Dealer Policy, which is attached for your review. We have also included an FAQ document to address questions you may have about the Authorized Reseller Program. Key Features of the Authorized Dealer Policy: Registration Requirement: In order to become and remain an Authorized Dealer, you are required to register with Dynojet Research through the Authorized Dealer Registration Form found at either https://www.dynojet.com/arp- registration or https://www.dynaonline.com/arp-registration. Please complete the registration as soon as possible, but in no event later than April 30, 2021. Where and to Whom You May Sell Dynojet and Dynatek Products: Dynojet Research is committed to maintaining the integrity of its authorized distribution channels and to stopping the diversion of Dynojet and Dynatek products to unauthorized sellers. To this end, the Authorized Dealer Policy requires that you sell Dynojet and Dynatek products only to end users. You are prohibited from selling Dynojet and Dynatek products to any person or entity you know or has reason to know intends to resell Dynojet or Dynatek products. Restrictions on Online Sales: The Authorized Dealer Policy restricts the manner in which you may sell Dynojet and Dynatek products online. Specifically, if you wish to sell Dynojet or Dynatek products online, you must follow our Dynojet Research, Inc. Online Sales Guidelines and limit sales to your own proprietary websites unless you have otherwise received separate written consent from Dynojet Research. You may not sell Dynojet or Dynatek products as a third-party seller on marketplace websites such as Amazon, eBay, Walmart Marketplace, or Sears Marketplace without prior written consent from Dynojet Research. Our rules regarding online sales will be strictly enforced. Ensuring Product Quality and Satisfaction: To ensure that the consumers who purchase Dynojet and Dynatek products have the best experience possible, the Authorized Dealer Policy outlines our expectations for the service you will provide to your customers, including our Tune and Map Installation Guidelines, a copy of which is included. The Authorized Dealer Policy also describes certain steps you must take to maintain the quality of Dynojet and Dynatek products until they reach consumers. Finally, Dynojet Research has a unilateral Minimum Advertised Price Policy (“MAP Policy”), which applies to all authorized sellers of Dynojet and Dynatek products in the United States. A copy of the MAP Policy, which will be effective on June 1, 2021, is attached for your review and reference. Thank you for your careful attention to the Authorized Dealer Policy and for your continued support of Dynojet Research and the Dynojet and Dynatek brands. Sincerely, Dynojet Research, Inc.
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Dear Dealer,
At Dynojet Research, Inc., we are committed to you— the Dynojet and Dynatek dealers that have enabled our company to
become a leader in the development and manufacturing of fuel management and diagnostic products to maximize performance
and increase efficiency. To protect our brands and the integrity of our authorized distribution channels, Dynojet Research is
announcing and implementing an Authorized Reseller Program for the Dynojet and Dynatek brands in the United States,
effective May 1, 2021.
Among other benefits, our Authorized Reseller Program will ensure that all sellers of Dynojet and Dynatek products understand
and take the steps necessary to ensure product quality and provide the excellent customer service that is integral to the reputation
of our brands. In addition, our Authorized Reseller Program will assist us in identifying and taking action against unauthorized
sellers that are harming you and consumers through the sale of damaged and diverted products.
Your obligations under our new Authorized Reseller Program are outlined in the Dynojet Research, Inc. Authorized Dealer
Policy, which is attached for your review. We have also included an FAQ document to address questions you may have about
the Authorized Reseller Program.
Key Features of the Authorized Dealer Policy:
Registration Requirement: In order to become and remain an Authorized Dealer, you are required to register with
Dynojet Research through the Authorized Dealer Registration Form found at either https://www.dynojet.com/arp-
registration or https://www.dynaonline.com/arp-registration. Please complete the registration as soon as possible, but
in no event later than April 30, 2021.
Where and to Whom You May Sell Dynojet and Dynatek Products: Dynojet Research is committed to
maintaining the integrity of its authorized distribution channels and to stopping the diversion of Dynojet and Dynatek
products to unauthorized sellers. To this end, the Authorized Dealer Policy requires that you sell Dynojet and Dynatek
products only to end users. You are prohibited from selling Dynojet and Dynatek products to any person or entity you
know or has reason to know intends to resell Dynojet or Dynatek products.
Restrictions on Online Sales: The Authorized Dealer Policy restricts the manner in which you may sell Dynojet and
Dynatek products online. Specifically, if you wish to sell Dynojet or Dynatek products online, you must follow our
Dynojet Research, Inc. Online Sales Guidelines and limit sales to your own proprietary websites unless you have
otherwise received separate written consent from Dynojet Research. You may not sell Dynojet or Dynatek products
as a third-party seller on marketplace websites such as Amazon, eBay, Walmart Marketplace, or Sears Marketplace
without prior written consent from Dynojet Research. Our rules regarding online sales will be strictly enforced.
Ensuring Product Quality and Satisfaction: To ensure that the consumers who purchase Dynojet and Dynatek
products have the best experience possible, the Authorized Dealer Policy outlines our expectations for the service you
will provide to your customers, including our Tune and Map Installation Guidelines, a copy of which is included. The
Authorized Dealer Policy also describes certain steps you must take to maintain the quality of Dynojet and Dynatek
products until they reach consumers.
Finally, Dynojet Research has a unilateral Minimum Advertised Price Policy (“MAP Policy”), which applies to all authorized
sellers of Dynojet and Dynatek products in the United States. A copy of the MAP Policy, which will be effective on June 1,
2021, is attached for your review and reference.
Thank you for your careful attention to the Authorized Dealer Policy and for your continued support of Dynojet Research and
DYNOJET RESEARCH, INC. TUNE AND MAP INSTALLATION GUIDELINES
Distributors and Dealers (collectively, “Seller(s)”) are approved only to sell the Products with maps and tunes installed
by the Seller in compliance with these guidelines:
1. Prior to installing any tune or map onto a Product, Seller shall inspect the Product for defects, damage, or
evidence of tampering. Should Seller discover any defective, damaged, or tampered-with Product, Seller
shall not install any tune or map onto the Product and shall promptly report the defect, damage, or tampering
to Dynojet Research via the support links on www.dynojet.com or contacting Dynojet Research customer
service at 800-992-4993.
2. Seller shall install any updates to Product firmware or software as recommended by Dynojet Research.
3. Seller shall install the tune or map according to the instructions and training provided by Dynojet Research
or available at dynojet.com and as applicable to Seller’s business. These materials may include, but are not
limited to:
(a) The Authorized Power Commander Dealer Training Manual,
(b) The Powersports Dynamometer Center Training Guide,
(c) The Powercore Software Suite User Guide, and
(d) The Power Commander Tuning Center Training Guide.
4. Seller shall clearly disclose all updates and installation of maps or tunes to Seller’s customer.
5. If the Product will be sold without being immediately installed on a vehicle following installation of a tune
or map, Seller shall:
(a) Unpackage the Product without tearing, creasing, or otherwise damaging the Product’s packaging,
(b) Repackage the Product following installation of the tune or map in the Product’s original packaging
along with all Product materials included in the original Product packaging,
(c) Package the Product so as to minimize damage to and ensure the integrity of the Product during
shipping and transportation, and
(d) Re-seal the Product neatly and thoroughly along all unsealed edges to prevent the Product packaging
from opening during shipping or transportation.
6. If the Product will be immediately installed by Seller on a vehicle following installation of a tune or map,
Seller shall maintain all Product materials included in the original Product packaging, and provide such
materials to Seller’s customer.
Dynojet Research hereby expressly disclaims liability and shall not be responsible for damages resulting from tunes
or other software not installed by Dynojet Research or provided by Dynojet Research via dynojet.com or other Dynojet
Research-owned website. This disclaimer includes Seller’s failure to comply with applicable local laws and
regulations as they may relate to the installation of Products, as well as the installation of maps and tunes.
DYNOJET RESEARCH, INC.
UNITED STATES MINIMUM ADVERTISED PRICE POLICY Effective June 1, 2021
Dynojet Research, Inc. (“Dynojet Research”), maker of Dynojet- and Dynatek-branded products, has determined that certain advertising practices undermine Dynojet Research’s trade reputation, brands, and premium image within the target consumer population and discourage Dynojet Research’s resellers from investing in Dynojet- and Dynatek-branded product lines and providing the best possible service and support to consumers. Accordingly, to protect the integrity of the Dynojet and Dynatek brands, Dynojet Research has adopted this unilateral Minimum Advertised Price Policy (the “Policy”), which applies to all authorized resellers of Dynojet- and Dynatek-branded products selling to end user consumers in the United States of America (“Sellers”). This Policy applies to advertisements of the Dynojet- and Dynatek-branded products listed on the Dynojet Research, Inc. MAP Schedule (“Covered Products”). The Dynojet Research, Inc. MAP Schedule will be made available to all Sellers and may be amended by Dynojet Research in its sole discretion at any time. The Dynojet Research, Inc. MAP Schedule will be updated during the first week of each calendar month, or from time to time in Dynojet Research’s discretion. Dynojet Research shall endeavor to notify Sellers of any such unscheduled updates. The Dynojet Research, Inc. MAP Schedule will be uploaded and available to all Sellers at http://dynojet.com/media/Dynojet_Basic_Price_File.xlsx. Sellers are responsible for reviewing the then-current Dynojet Research, Inc. MAP Schedule as distributed by Dynojet Research or uploaded to the above URL. Dynojet Research is solely responsible for establishing the minimum advertised price (“MAP”) for each Covered Product and communicating the MAP to all Sellers. While Sellers remain free to advertise and sell all Dynojet- and Dynatek-branded products at any price they deem appropriate, it is a violation of this Policy for a Seller to advertise any Covered Product at a price lower than the MAP. Such advertisements include, but are not limited to:
i. Offering coupons, discounts, reseller rebates, or other inducements that, when applied, result in a price lower than the MAP, including through use of a storewide sale, promotional code, website-wide sale, or other similar provision that can be applied to Covered Products.
ii. Bundling Covered Products with other products or services (whether made by or provided by Dynojet Research or another entity) in a manner that implies below-MAP pricing for the bundled Covered Product.
iii. Using strikeouts or strikethroughs of pricing information, “see price in cart,” or other statements that suggest that a lower price for a Covered Product may be found at the final online checkout stage.
iv. Permitting any third party to alter the advertised price for any Covered Product.
Direct or indirect attempts to circumvent this Policy also violate this Policy; however, it is not a violation to advertise that a customer may “call for price,” “text for price,” or “email for price” as long as no price is listed and no automated call, text message, or “bounce-back” email is used in response.
Dynojet Research, Inc. United States Minimum Advertised Price Policy 2
For purposes of this Policy, the terms “advertise” and “advertisement” include all promotional or pricing information displayed via any type of media, including, but not limited to, newspapers, catalogs, magazines, flyers, brochures, television, radio ads, billboards, signage (except signs displayed within a brick-and-mortar selling location), websites, blogs, social media, affiliate marketing networks/comparison shopping engines, reseller-initiated text messages or emails to customers or prospective customers, mobile/smart phone applications, banner ads, online product ads, paid search ads, pay-per-click ads, display ads, mobile ads, product listing ads, sponsored links, ads in any other media in a digital format that is communicated or conveyed via the Internet, and any other marketing or promotional materials, whether displayed online or through broadcast or other media.
Notwithstanding the foregoing, pricing information displayed at the final online checkout stage of a transaction is not considered “advertising” under this Policy. The “final online checkout stage” is the stage when the Covered Product is put into a shopping cart that contains the customer’s name, shipping address, email address, and payment information. Pricing information in the “shopping cart” or “checkout” stages must be obscured technically so that it is not retrievable by shopping and pricing engines, and not displayed on search page results within the reseller’s own website.
From time to time, Dynojet Research may announce MAP holidays or promotions that are applicable to all Sellers, during which periods a Seller that advertises a Covered Product in accordance with the terms of the authorized promotion will not be deemed to have violated this Policy. Dynojet Research will notify all Sellers of any such authorized promotions, generally not fewer than 15 days in advance.
Further, the advertisement of free or reduced-price shipping is not a violation of this Policy as long as such offer applies to all or almost all other products offered by a reseller in the same product category. This Policy does not constitute an agreement between Dynojet Research and any other person or entity. Dynojet Research neither solicits nor will it accept any assurance of compliance with this Policy from any Seller or other party. Each Seller must independently choose whether to comply with the terms of this Policy. This Policy is not negotiable and will not be altered for any individual Seller. This Policy applies only to advertised prices and does not affect the prices that a Seller may charge for Dynojet- or Dynatek-branded products. NON-COMPLIANCE Dynojet Research will take actions against any Seller that fails to comply with this Policy with respect to the advertisement of any Covered Product, up to and including revocation of a Seller’s “authorized” status and termination. This Policy will be enforced by Dynojet Research in its sole discretion and without notice. Sellers have no right to enforce this Policy. Although Dynojet Research is not directing any Seller to require that its reselling customers comply with this Policy, a violation of this Policy by any such reselling customer will constitute a violation by the Seller supplying Covered Products to such reselling customer.
Dynojet Research, Inc. United States Minimum Advertised Price Policy 3
POLICY ADMINISTRATION
Dynojet Research may update, revise, suspend, terminate, reinstitute, or modify this Policy at any time in its sole discretion. Dynojet Research shall make any such modifications available to all Sellers. If Dynojet Research changes the MAP on any Covered Product, it will provide at least 15 days’ notice to Sellers before such change takes effect.
No Dynojet Research employee or agent, including a Seller’s sales representative, is authorized to modify, interpret, or grant exceptions to this Policy; solicit or obtain the agreement of any person to this Policy; or otherwise discuss any aspect of this Policy with any Seller, including that Seller’s or any other Seller’s compliance with the terms of this Policy. Any questions about this Policy should be submitted in writing and directed to Dynojet Research’s MAP Enforcement Group at [email protected]. Dynojet Research will accept no other form of communication from Sellers regarding this Policy. This Policy is effective as of the effective date set forth above and supersedes all prior Dynojet Research policies or statements regarding minimum advertised prices or resale prices for Dynojet- or Dynatek-branded products applicable to any Seller.