TERMS & CONDITIONS OF SALE
EFFECTIVE JULY 1, 2026
SEVR has invested heavily in and has a compelling interest in promoting the premium image of the Products and their brand. SEVR believes that its interests are best served by offering Products through Retailers who provide customer-friendly service and knowledgeable technical support, who carry appropriate Product inventory, and who aggressively promote the features, benefits and premium image of the Products and their brands. Therefore, in its sole discretion and at any time, SEVR may stop accepting Orders from a Retailer and/or may otherwise restrict the distribution of Products to a Retailer. In addition, SEVR may unilaterally determine that it is in its best interest to terminate the Retail Agreement for SEVR Products (“Retailer Agreement”) in accordance with the terms of that Agreement.
Capitalized terms not otherwise defined herein shall have the meaning set forth in the Retailer Agreement.
1. RETAILER REQUIREMENTS.
1.1 Retailer Competency. Retailer will train and provide knowledgeable sales and service personnel (“Personnel”) so that all Products will be sold with (i) the expertise necessary to insure proper matching and sizing of Products, and (ii) proper instruction on the safe operating parameters and maintenance of Products and all associated accessories.
Retailer and its Personnel will carefully read and maintain a working knowledge of all SEVR safety warnings. Retailer and its Personnel will also carefully read and be aware at all times of the current SEVR Price List.
Retailer agrees to provide all applicable Product documentation and support material to consumer at time of sale. This includes but is not limited to promotional items and any other instructions and warnings for safe and proper use of the Product. Additionally, Retailer will direct all consumers to www.SEVRbroadheads.com for additional information on the safe and proper use of the Products.
2. TRADEMARK AND COPYRIGHT GUIDELINES AND INSTRUCTIONS.
2.1 License. By signing the Retailer Agreement, Retailer has received a limited, non-assignable, right to use all SEVR Trademarks that involve the SEVR brand according to SEVR’s instructions and supervision, and according to the restrictions set forth herein. Under the Retailer Agreement, SEVR further grants Retailer a limited, non-assignable right to use the SEVR Copyrights that involve the SEVR brand according to SEVR’s instructions and supervision and according to the restrictions set forth herein. NOTHING CONTAINED IN THE TRADEMARK AND COPYRIGHT LICENSE AUTHORIZES THE RETAILER TO PRODUCE PRODUCTS WITH ANY SEVR TRADEMARK OR COPYRIGHT ON THAT PRODUCT.
2.2 Goodwill. Retailer acknowledges that the SEVR Trademarks provide substantial goodwill and will not use or display the SEVR Trademarks in a manner that would disparage or damage them. In addition, Retailer will not represent that it has any ownership in, or otherwise attempt to license, the SEVR Trademarks. All goodwill associated with Retailer’s use of the SEVR Trademarks will be owned exclusively by SEVR. Retailer will comply with SEVR’s trademark use guidelines and instructions, which SEVR may provide from time to time.
Retailer will not use any marks confusingly similar to the SEVR Trademarks or use the SEVR Trademarks in combination with other trademarks. Upon request by SEVR, Retailer will promptly submit to SEVR for its review, any materials bearing SEVR Trademarks or SEVR Copyrights. Retailer shall immediately notify SEVR in writing of any actual or potential infringement or improper use of the SEVR Trademarks or the SEVR Copyrights that come to its attention.
2.3 Non-Disparagement. Retailers will not sell or market the Products in any way that disparages or injures SEVR. Retailers will not damage to the Products or their brands and will not reconfigure any Products outside of the SEVR product factory specifications. This includes, but is not limited to, tampering with or modifying the Products or any Product Serial numbers.
Retailers shall not use any of the Products in any illegal, deceptive, undesirable or improper retail practices, including using the Products for loss leaders, bait and switch tactics, or negative selling practices.
3. GENERAL PROVISIONS.
3.1 Price List. SEVR may, in its sole discretion and at any time, change its Price List, including its Product offerings and the prices for such products. SEVR may also correct typographical or other errors in pricing and may reduce or cancel any discounts previously offered to Retailer. Each Order will be invoiced at the prices listed on the Price List at the time that Order is recorded into SEVR’s ordering system. Nothing contained herein or in the Price List shall obligate Retailer to resell Products at any particular price or on any specific terms and conditions notwithstanding any suggested retail prices published by SEVR.
3.2 Product & Program Changes. SEVR may, in its sole discretion and at any time change Products and/or programs without notice and will incur no obligation to replace, modify, or change any Products previously sold under previous programs. Retailer acknowledges that due to the uncertain availability of raw materials, vendor supply, and other items, Product orders may be cancelled or delayed by SEVR. SEVR will take reasonable steps to notify Retailers of such events.
3.3 Orders. All Orders are subject to acceptance by SEVR. The preparation of an Order by an SEVR sales representative, the submission of an Order by Retailer or its Personnel, or the acknowledgement of receipt of an Order by SEVR (“Confirmation”) shall not constitute SEVR’s acceptance of that Order. SEVR may, in its sole discretion, accept all or any part of an Order, in either case, by delivering of Products. SEVR may at any time decline to deliver Products for any reason. SEVR will in its sole discretion determine which Products shall be available to Retailer for Orders and will determine how to allocate Products among Retailer and SEVR’s other retailers.
If in its reasonable discretion, SEVR determines that substitute Products may be appropriate on certain component items (such as small parts, etc.), SEVR may ship such substitute Products to Retailer in response to any Order. Unless Retailer complies with conditions below regarding return of Products, Retailer will be deemed to have accepted substitute Products on the terms disclosed in the corresponding SEVR invoice.
SEVR may reject or cancel an Order at any time if such Order contains an incorrect price, requests Products that Retailer is not authorized to sell, or for any other reason, even if SEVR has acknowledged or confirmed that Order or has received payment for that Order. In the latter case, SEVR will either refund the payment or credit Retailer’s account, per Retailer’s instruction.
Retailer may not cancel an Order after its acceptance by SEVR. SEVR shall be entitled to accept any Order and to rely on any other written or telephonic request or notice given by a person that appears to be an employee or agent of Retailer. Each Order will be subject to and governed in all respects by (i) the terms and conditions set forth in this Agreement, and (ii) Retailer’s credit application and account agreement (if applicable).
3.4 Payment and Credit. Credit terms shall be as set forth in the SEVR Confidential Credit Application and Price Lists. No deductions shall be made from payments except as allowed according to the SEVR Price List and the other terms set forth in the Retailer Agreement and these Terms & Conditions of Sale.
3.5 Delivery, Risk of Loss, Title. SEVR will deliver Products to Retailer FCA-Free Carrier or other shipping point designated by SEVR. Title and risk of loss shall pass to Retailer upon shipping. SEVR is not responsible for any loss resulting from any delay in shipping or failure to ship.
3.6 Acceptance, Merchandise Returns. All claims for damage, errors or shortages in Products must be reported to SEVR immediately upon delivery. SEVR is not obligated to replace missing Products reported more than five (5) days after receipt of shipment. All claims shall be made in writing by Retailer within five (5) days after delivery to Retailer. Failure to timely make such claims shall constitute irrevocable acceptance of the Products and agreement that such Products fully comply with all terms and conditions of the corresponding Order. No returns will be accepted unless a timely claim has been made. Retailer will ship returns at its own expense and will retain title and risk of loss until receipt by SEVR at the return destination designated by SEVR.
3.7 MAP Policy. Retailer acknowledges that SEVR maintains a Minimum Advertised Price (“MAP”) Policy (a copy of which is attached hereto). Retailer further acknowledges that SEVR may (i) at any time, change, suspend, terminate or otherwise modify its MAP Policy, and (ii) enforce its MAP Policy as set forth therein. Notwithstanding the foregoing, nothing in the MAP Policy shall constitute an agreement between SEVR and any Retailer that the Retailer will comply with the MAP Policy.
4. INDEPENDENT BUSINESS.
Retailer and SEVR have the right to run and administer their respective businesses and activities independent from each other and in a manner that each party thinks best serves its interests. These Terms & Conditions of Sale describe the terms under which SEVR may, in its sole discretion, choose to sell products to Retailers or choose, at any time, to stop supplying products to any Retailer.
* Please Note: Products cannot be ordered until the executed Retail Agreement and State Resale License Copy are received and processed by SEVR.
END OF TERMS & CONDITIONS OF SALE
UNILATERAL POLICIES & PROGRAMS
EASTON TECHNICAL PRODUCTS, INC., D/B/A SEVR
U.S. MINIMUM ADVERTISED PRICE (MAP) POLICY
Effective July 1, 2026
Introduction
Eaton Technical Products, Inc., d/b/a SEVR (“SEVR”) has built a strong reputation and following among purchasers of SEVR® archery products. It is critical to SEVR to maintain its reputation as a supplier of high-value, prestigious archery products. SEVR also recognizes that our success is tied to the success of our dealers, resellers, mass merchants and distributors (collectively, “Retailers”). Many of our Retailers invest significant time and resources to deliver an extraordinary customer experience, including strong pre-sales infrastructure and after-sales product support. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our Retailers’ service and support efforts. We also want to prevent advertising that tends to cheapen or degrade the image of SEVR products in the marketplace. As a result, SEVR has unilaterally established this Minimum Advertised Price (“MAP”) Policy. This MAP Policy is non-negotiable and will not be altered for any Retailer. Nothing in this Policy shall constitute an agreement between SEVR and any Retailer that the Retailer will comply with this Policy.
Policy Statement
SEVR, in its sole discretion, reserves the right to discontinue doing business with any Retailer that advertises any product(s) covered by this MAP Policy at a price lower than the MAP or that resells to retailers that advertise any product(s) covered by this MAP Policy at a price lower than the MAP.
General Guidelines
The products covered by this MAP Policy (“MAP Products”) may be found in the SEVR price list, which includes SEVR’s authorized product offerings and the prices for such products (“Price List”). SEVR may modify the Price List from time to time in its sole discretion.
SEVR recognizes that Retailers are free to make their own decisions to advertise and sell any SEVR product at any price they choose, without consulting or advising SEVR. SEVR does not exercise control or enter into agreements regarding the actual resale price of SEVR products.
This Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual inside the store or over the telephone.
SEVR reserves the right to change, suspend, terminate or otherwise modify its MAP Policy from time to time, in whole or in part. Such Policy modifications will be made available on the SEVR website at http://www.SEVRbroadheads.com.
Advertising Guidelines
This MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to coupons, mailers, inserts, magazines, catalogs, newspapers, television, radio, billboards and other public signage, as well as Internet sites, social media sites, apps, email/text promotions, or any other electronic media.
Website features such as “click for price,” automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms and automatic price display for any items prior to being placed in a customer’s electronic “shopping cart,” and other similar features constitute “advertising “under this MAP Policy.
This Policy does not apply to price tags, sale tags, in-store advertising that is not distributed to customers, electronic shopping carts, or responses to customer inquiry (in person, by phone, or online). This Policy also does not apply to discontinued products, as announced by SEVR from time to time.
It shall not be a violation of this MAP Policy to advertise that a customer “call for price” or “e-mail for price,” or to use similar language with respect to SEVR Products, so long as no price is listed.
It shall also not be a violation of this Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitor’s prices, or to use similar phrases.
From time to time, SEVR may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this Policy to advertise the availability of the manufacturer’s rebate, provided that the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer’s rebate.
This Policy also applies to any activity which SEVR determines, in its sole discretion, is designed or intended to circumvent the intent of this Policy.
Bundling Guidelines
“Bundling” or the inclusion in advertising of free or discounted products (whether made by SEVR or another manufacturer) with a product covered by the MAP Policy will violate the policy if it has the effect of discounting the advertised price of the covered product below the MAP.
Coupons, gift cards, points, or other incentives which are contingent on the purchase of a MAP Product will violate the Policy if they have the effect of discounting the advertised price of the covered product below the MAP.
Policy Enforcement
SEVR reserves the right to cancel any pending orders, restrict future orders, suspend Retailers’ account, or terminate dealership or distributorship if SEVR reasonably believes Retailer has violated the provisions of this MAP Policy or intends to violate this Policy.
If a Retailer with multiple store locations violates this Policy at any one store location, or on any associated website, SEVR will consider that to be a violation by the Retailer.
SEVR is solely responsible for determining whether a violation of this Policy has occurred, as well as determining appropriate sanctions. Waivers to this Policy may only be granted, in writing, in SEVR’s sole discretion, by SEVR’s MAP Policy Coordinator. SEVR’S SALES, MARKETING OR OTHER PERSONNEL ARE NOT AUTHORIZED TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY. All questions regarding the interpretation of this Policy must be directed to SEVR’s MAP Policy Coordinator at (801) 539-1400.
SEVR may monitor the advertised prices of Retailers, either directly or via the use of third-party agencies or tools. Third-party agencies retained by SEVR may engage in monitoring of any advertisements. If a Retailer fails to provide reasonable cooperation in any SEVR investigation regarding possible MAP violations, SEVR will consider that to be a violation of this Policy by the Retailer.
This Policy will be enforced by SEVR in its sole discretion and without notice. Retailers have no right to enforce this MAP Policy. Violations of this Policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law.