Athena was founded in 1973 as a small artisan business, Athena is today an international company, which manufactures and distributes products all over the world and can boast an annual global turnover of over 140 million euros. Their business, which began in the industrial gaskets sector, has evolved over the years to make them the go-to brand for motorcycle, auto, and marine spares, including racing parts.
Athena USA, Inc. is committed to offering the highest quality products in the powersport industry that consumers demand. In order to monitor the use of its trademarks and copyrights, Athena has adopted the following policies for its dealer network.
The brands, Athena and GET, (referred to as the “Brands”) are owned by Athena, as are the trademarks, various derivatives thereof, logos, copyrights to materials in its catalogs, and other intellectual property associated with the Brands (collectively referred to as “Marks”); to monitor the use of its trademarks and copyrights, Athena has adopted the following policies for its dealer network. Distributors and Dealers are granted a limited, revocable, non-exclusive, non-transferable license to use the Marks in connection with any print or internet advertising associated with the Brands as long as they adhere to Athena USA policies, including this Retail Advertising Policy (the “Policy”).
This Policy is designed (i) to generally support the Brand as a premium offering in the marketplace, (ii) to ensure all Dealers dedicate sufficient resources to promote the Brand, (iii) to enable Dealers to continue to employ knowledgeable sales associates to support the Brand, (iv) to enable Dealers to provide high-quality pre-sale and post-sale services in support of the Brand, and (v) to otherwise promote activities that will enhance the desirability of the Brand.
Each Dealer is free to independently set its resale prices for any product at its own discretion, but Athena’s Policy establishes advertised price standards for the Brands.
Athena believes that marketing products bearing the Trademarks below the suggested retail price undermines Athena’s reputation, the industry reputation and the image of the Products. Therefore, Athena does enforce an Advertising Policy, which is intended to preserve the goodwill, market value, reputation and image of Athena, the Products and its Trademarks.
Athena USA has adopted this Policy unilaterally for the express purposes set forth above. Failure to abide by this Policy may result in penalties, including termination as a Dealer.
Dealers shall not publish a retail advertised price through Covered Advertising (defined below) that is more than 10% off the manufacturer’s suggested retail price (“MSRP”), for all the items included in Annex A (“The Products”). Athena reserves the right to add onto the list at its convenience, with a 2 week notice to all distributors and dealers. Any product not of the Annex or deemed as closeouts are not subject to this Policy.
“Covered Advertising” is defined as:
A visible strike out, deletion, or alteration of any price in any Internet advertising is strictly prohibited. Dealers must not include statements or options related to the Brand which may lead consumers to perceive the offer of prices below 10% off MSRP. Statements such as “call”, “call for price”, “email to get the lowest price”, “guaranteed lowest prices”, “best offer”, “place in shopping cart to see our lowest price”, “at least x% off”, or other similar statements should not be used.
All packages (i.e., those that include a combination sale of both Branded products and products not covered under this Policy) must not be advertised below the cumulative of 10% below MSRP of all the products included in the package.
From time to time the Brand may engage in promotions with respect to certain products included in the Policy: Athena reserves the right to unilaterally modify or suspend the Policy with respect to these promotions.
Athena USA shall determine violations of this Policy in its sole discretion. Athena USA’s designated Policy Administrator is the only person authorized by Athena USA to communicate Policy updates, changes, or decisions. Athena will not accept any communication from a Dealer who has violated this Policy regarding the violation or the willingness of the Dealer to bring its advertising into compliance with the Policy. Athena also does not entertain complaints from its Dealers regarding another Dealer’s advertising or pricing practices.
Failure to abide by this Policy may result in penalties, including those specifically set forth below, as well as being terminated as an Athena dealer.
Dealer violations of the Policy will be addressed under this four-step enforcement process:
First violation: Dealer will receive a written notification informing the Dealer that they are in violation of the Policy. Corrective action must be implemented within 48 hours for electronic advertisements (email/internet sites) and the relevant production cycle for print and other advertisements, but no later than thirty days.
Second violation: Dealer will receive a written notification informing the Dealer that it will be subject to a fourteen (14) days prohibition from purchasing the products involved in the violation and the Dealer’s rights to use the Marks will be forfeited and not permitted during this period. If corrective action is not implemented within the timeframe delineated above, the fourteen-(14) day prohibition can be extended and Dealer’s rights to use the Marks will be forfeited and not permitted until reinstated at the sole discretion of Athena.
Third violation within 180 days of second violation: Dealer will receive a written notification informing the Dealer that it will be subject to a ninety- (90) day prohibition from purchasing the products involved in the violation and the Dealer’s rights to use the Marks will be forfeited and not permitted during this period. If corrective action is not implemented within the timeframe delineated above, the ninety-(90) day prohibition can be extended and Dealer’s rights to use the Marks will be forfeited and not permitted until reinstated at the sole discretion of Athena USA. Violations after 180 days from the second violation will be considered a new first violation.
Fourth violation within 180 days of the third violation: Dealer will receive a written notification informing the Dealer that it will be subject to a minimum one (1) year prohibition from purchasing the products involved in the violation and the Dealer’s rights to use the Marks will be forfeited and not permitted during this period. If corrective action is not implemented within the timeframe delineated above, the one (1) year prohibition can be extended and Dealer’s rights to use the Marks will be forfeited and not permitted until reinstated at the sole discretion of Athena USA. Violations after 180 days from the third violation will be considered a new first violation.
Notwithstanding the above, based on the sole discretion of Athena, a Dealer who demonstrates multiple first violations of this Policy may be subject to a permanent prohibition from purchasing the products and the Dealer’s rights to use the Marks will be forfeited and not permitted.
Limitations on Sales: The Dealer shall only sell the Brand at the Dealer’s retail store, Dealer’s mail order catalog, Dealer’s Internet website, or at retail booths operated by the Dealer at motorcycle, ATV or UTV events such as races, rallies and shows. Selling or listing the Brand on third party sites (i.e. Amazon, eBay, Walmart, etc.) is strictly prohibited without prior written permission.
I have received a copy of the Athena Advertising Policy and I have read and understand the Advertising Policy requirements.
DEALER/DISTRIBUTOR NAME: __________________________________________________________ DEALER/DISTRIBUTOR NUMBER: ________________________________________________________ CITY, STATE, ZIP: _____________________________________________________________________ SIGNATURE: ________________________________________________________________________
PRINTED NAME: _____________________________________________________________________ DATE:______________
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