Passion, Performance, Perfection — this is the Öhlins way. Their passion for innovation and state-of-the-art technology is the driving force in their search for the next generation of advanced suspension technology.
Their dedicated employees work with some of the world’s most prominent manufacturers and racing teams in pursuit of the optimal performance for their suspension systems. They channel this continuous flow of knowledge into their aftermarket and OEM shock absorbers, front forks, and steering dampers.
Their aftermarket customers ride on factory racing technology that requires little to no modification. Their aim is to provide the same level of service and support throughout our organization, whether you are part of a professional racing team or a bike enthusiast on the hunt for a high-performance suspension unit. They also work closely with the industrial sector, developing custom suspension solutions for customers in the naval, forestry, aerospace, and defense industries.
They strive to be a respected name and brand of choice in the premium segment, and their employees work together across all areas of the business to make this happen. Their ambition to stand at the forefront of advanced suspension technology is what motivates us to discover the latest and greatest in suspension technology.
TO: All Öhlins Dealers
FROM: Mike Hensley, Sales & Customer Support Manager, Motorcycle Division, Öhlins USA
DATE: December 20, 2016
EFFECTIVE: January 1, 2017
Öhlins Racing A. B., Sweden and Öhlins USA, Inc. (together “Öhlins”) have developed numerous products bearing
its brand name or trade name that it distributes under its own trademark or service mark and associated logo,
trade dress and other intellectual property that identifies Öhlins as the source of the products and services
(collectively the “Öhlins Mark”, or the “Mark”). Öhlins also owns the copyrights to the material in all of its
catalogs and advertisements (“Copyrighted Materials”). In order to monitor the use of its Mark, Öhlins has
adopted the following policies for its valued dealer network.
Öhlins does not in any way restrict or limit the price at which a Dealer sells any of the products that it distributes,
but it does enforce this Advertising Policy, which is intended to preserve the goodwill and market reputation of Öhlins and its Mark.
It is Öhlins policy that no Dealer may use any Mark, including, without limitation, or any similar
mark or derivative thereof, or any of materials that are subject to copyright protection by Öhlins, in connection
with any advertising, publication, catalog, web page or other printed, audio, video, or electronic material if the
product price is also used in that advertisement, catalog, or publication in any form or fashion, unless the price
used is the then current manufacturer’s suggested retail price (“MSRP”) as published by Öhlins.
Advertising practices that have the effect of reducing the advertised price below MSRP, such as, for example,
combining a product carrying an Öhlins Mark with a “free” product, or in a “package” with other products,
services, or with a discount coupon, also violate this Advertising Policy, unless these promotions originate from Öhlins.
This policy also applies to non-current products. If Öhlins discounts its dealer price on non-current inventory, it
will also reduce the MSRP on those products and the Dealer can advertise using the reduced MSRP provided that
the Dealer clearly indicates in its advertisements that it is non-current product.
To ensure that advertisements and publications comply with this Öhlins Advertising Policy, a Dealer
can submit the advertisement or publication to Öhlins for approval prior to printing and distribution.
Please allow additional time for approval when using any Öhlins Mark in advertisements and
publications. These requests for approval can be faxed directly to Öhlins at their Hendersonville,
North Carolina office, fax number: 828-692-0595, Attention: Mike Hensley. Öhlins will use its best
efforts to respond to these requests within two (2) business days.
If a Dealer’s advertising material contains prices other than Öhlins’ then current MSRP, and the advertising
material was not pre-approved by Öhlins, the Advertising Policy will be enforced in the following manner:
Dealer will receive a documented notice of violation (“Notice”) and will be given thirty
(30) calendar days to remove the unauthorized print advertisements from publication and distribution, and three
(3) business days to remove any unauthorized electronic advertisements.
SECOND OFFENSE: Dealer will receive a Notice and will be placed on a non-ship basis for a period of
thirty (30) days from the date of the Notice with regard to all products involved in the violation. Shipments will
not resume until Dealer has removed all advertising that is in violation of this policy.
THIRD OFFENSE: Dealer will receive a Notice and will be placed on a non-ship basis indefinitely with
regard to all products involved in the violation. Shipments will not resume except at the sole discretion of Öhlins.
Öhlins grants to its Dealers a non-exclusive, non-transferable limited nationwide license, for as long as the Dealer
is selling products carrying an Öhlins Mark, to use the Öhlins Mark provided the Dealer complies with this
Advertising Policy. Öhlins further grants to its Dealers a non-exclusive, non-transferable limited license, for as
long as the Dealer is selling products carrying an Öhlins Mark, to reproduce, distribute, and display Copyrighted
Materials in order to promote and sell Öhlins nationwide, provided the Dealer complies with this Advertising
Policy. Dealer recognizes that Öhlins has an exclusive right to all Marks used by Öhlins to identify its products
and Dealer agrees that it will not claim any right, title or interest therein, and may revoke either or both limited
licenses granted hereunder at any time. Nothing herein shall be construed to give Dealer any right, title or
interest in the Öhlins Mark. For purposes of this Advertising 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 sales of products supplied by Öhlins in whatever medium is now known or hereafter
developed including print, radio, telegram, television, handbill, sign (except signs in the Dealer’s retail store),
catalog, letter (including e-mail), electronic media, telecommunication, internet or online auction. For purposes
of Internet sales, the entire web site, including 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 web site.
Any violations of this Policy and/or any apparent unauthorized use of the Öhlins Mark should be
reported to Öhlins.
Öhlins enjoys its relationship with all of its Dealers and works with each Dealer to make the Dealer’s
business as successful as possible. Öhlins hopes that each Dealer will respect Öhlins need to protect
its Mark and will assist Öhlins by complying with this necessary Advertising Policy.
Besides monitoring and MAP policy enforcement we also develop a healthy relationship with your compliant sellers.