TITAN Fuel Tanks Minimum Advertised Price Policy for all Direct and Non-Direct  Customers 

Effective July 15, 2019, all TITAN Fuel Tanks branded parts will be subject to a Minimum Advertised Price (MAP). This policy sets forth the minimum price at which TITAN products can be advertised. Any company and/or individual including, but not limited to; installers,  retailers, jobbers, dealers, internet retailers, and wholesale distributors (“resellers”) are subject to this policy. TITANis very proud of its strong brand and will continue to be the leading manufacturer with high-quality standards, exceptional performance, and the best customer service in the industry. The TITAN MAP is designed to maintain the integrity and profitability of the brand across all channels and to continue providing consumers the highest level of value with quality parts and service.  

TITAN appreciates the value that its partners bring to the brand’s success and the market exposure needed for their partners to achieve success. MAP is being implemented with the goal of supporting TITANpartners by maintaining distribution channel health, without partners having to reduce the services that they provide their customers to compete. By implementing this MAP,  TITAN enables its partners to maintain the highest level of service that customers deserve. This policy will be strictly and uniformly enforced. 

MAP Outline 

Any customer engaging in any of the following actions shall be considered in violation of the policy: 

1. Advertising any or all of the TITAN Fuel Tanks product line at prices below the TITAN retail price in effect at the time the advertising is placed, less 10%. 
2. Reselling any or all of the TITAN product line to any reseller who is in noncompliance with the terms of this policy. 

The following are examples of non-compliance: 

• Any strike through or modification of TITAN MAP price in advertising.
• Any public instant rebates or coupons listed on an advertising page that shall bring the price of the product below MAP. 
• Any advertised listing or other price list that specifically states a price below MAP.

Examples of advertising 

MAP policy applies to all forms of pricing and advertising whether in print or otherwise including, but not limited to: 

• Direct mailers, including e-mail 
• List prices 
• Print ads (inserts, magazines, catalogs, newspaper, etc.) 
• Broadcast (radio and TV) 
• Fax submissions 
• Internet (banner ads, broadcast emails, destination pages, third party sites)
• Billboards 
• Forum sites, blog sites, Private Messaging (PM) or search engine listings showing prices
• Resellers’ websites or web banners 
• Listings on shopper sites that accumulate and display pricing from unrelated websites
• Any auction and mass listing sites including, but not limited to; eBay, Amazon, Newegg
• “Instant Rebates” or any other form of rebating 

TITAN will monitor independent and auction sites to identify sites which are non-compliant and will routinely notify customers of these sites. It is the responsibility of the customer once notified to refrain from selling these resellers. TITAN will use its sole discretion when determining any other means not listed above for a reseller to discount pricing on products. 

Non-compliance 

Failure to comply with the TITAN MAP policy will result in the following penalties: 

• Removal from the TITAN Fuel Tanks Dealer Locator 
• Offender will be added to the TITAN Do Not Purchase Here web page, a page on the TITAN website listing the resellers who TITAN suggests not purchasing from with a warning that buying from a reseller listed on that page could result in customer having technical, support and warranty issues. 
• Removal of authorization to use any and all trademarked or copyrighted TITAN logos,  images or text. 
• Being listed on the “Do Not Sell” email distributed to distributors 
• Refusal by TITAN to sell its products or support the reseller in any way 

Those to be found in non-compliance will be notified and provided forty-eight (48) hours to bring their pricing up to TITAN MAP standards. Failure to bring pricing to MAP standards and to compliance will result in the customer being added to the “Do Not Sell List”. The reseller will remain on that list until 30 days following bringing all pricing up to date.  

For Example; Joe’s Truck Shop brings pricing to MAP standards and notifies us of this on June  10th, we confirm it on June 11th, they remain on the list for 30 more days and then are removed from the Do Not Sell List. Retailer is added to a web listing on our site which lists all violators  and suggests that customers stay away from those retailers as they are not authorized resellers which may result in support and warranty issues for customers who do purchase from them. 

If the reseller does not change their pricing within 30 days they will be contacted one more time requesting that it be done within 24 business hours. This time when they are contacted it will be a stern warning that the next step will be through our legal department. 

Upon second MAP violation, a reseller will be given 24 hours to bring their pricing to MAP. If pricing is not brought to MAP the matter will be handled by the TITAN Fuel Tanks legal team immediately. 

If a reseller is found violating MAP for the third time in a calendar year they will immediately be cut off from distribution. The only way to be cleared for distribution again will be through a meeting with the TITAN staff legal team, and the owner/general manager of the violating business wherein a legal binding contract will be put into place. 

TITAN reserves the right to immediately and indefinitely discontinue selling its products to specific customers who are in violation of the policy. Although each reseller is free to choose whether or not to comply with the TITAN MAP, violation of the TITAN MAP will result in all pending orders being canceled, and no future orders will be accepted from the violating company. TITAN will actively and uniformly enforce this policy, and any reseller actions deemed to be in violation of the policy will result in loss of reseller status with TITAN. Loss of reseller status will include loss of permission to use any TITAN copyrighted material including, but not limited to, marketing material, images, product descriptions, and TITAN company information. 

A monthly “Do Not Sell” email will be distributed to all direct TITAN customers. This email will be a notification of those that have been added to the Do Not Sell list due to non-compliance with the TITAN MAP. Once listed to the Do Not Sell list all distribution to the reseller must end,  thus being cut off until further notice. 

No written or verbal agreement will be sought by TITAN regarding acceptance of the terms of this policy. Each individual reseller can, at their discretion, choose to comply or to not comply with this policy. However, non-compliance will result in termination of the business relationship between the reseller and TITAN. This TITAN MAP does not constitute an agreement or contract between TITAN and any of its resellers. 

This policy is non-negotiable. The TITAN MAP price is listed on its current Price sheet.

Exceptions to MAP 

1. TITAN reserves the right to occasionally permit limited time sales of its products in connection with promotions for limited periods of time that might otherwise violate the terms of the policy and consider them to be exceptions to the policy. This will only be approved in writing upon approval of a marketing plan approved by TITAN Fuel Tanks. 
2. Promotional items, including decals, apparel, posters, banners, etc. are exempted from this policy. 
3. Following pricing changes made by TITAN Fuel Tanks, TITAN will allow 30 days after price changes for those changes to be made by resellers before being considered as a  violation and in conflict with this policy.

While each customer ultimately remains free to advertise or resell the TITAN product line at any price it chooses, TITAN will be enforcing this Policy uniformly and strictly.  

Additional Policy Terms 

TITAN will give at least 30 days advance notice of any changes to the policy. 

This Policy may be modified, extended, suspended, discontinued or rescinded in whole or in part  by Notice from TITAN at any time. Any such Notice will describe the duration and nature of any  such modification, extension, suspension, discontinuation or rescission of the Policy by TITAN. If there is any disagreement over the interpretation or enforcement of this Policy, TITAN’s ruling will control. 

Questions 

All questions or requests for additional information regarding this Policy or information regarding potential violations of this Policy must be addressed to the Program Administrator: 

Mike DeFord 

Marketing Manager 

TITAN Fuel Tanks 

mike@titanfueltanks.com