Evolution Power Tools, LLC (“Evolution”) remains committed to helping our distributors grow their business and overall levels of profitability through the sale and service of Evolution products. We recognize that our distributors invest time and resources to develop value-added relationships with customers that use our products in their respective territories. To support your efforts, Evolution is establishing a MINIMUM ADVERTISED PRICE POLICY (“MAP Policy”) for selected products introduced into the marketplace. We believe this will avoid predatory pricing on these products that could erode your customer relationships, sales growth, and overall profitability.
This MAP policy is designed to ensure fair competition among resellers while maintaining the perceived value of Evolution’s products. It complies with applicable competition laws in the United States and Canada. The MAP Policy is aimed at assuring the perceived value of Evolution products and distributors remains high, which in addition to customer relationships, sales growth, and overall profitability, also supports the perception of Evolution, our reputation, and competitiveness in the industry.
This revised MAP Policy is effective as of October 4, 2024 and supersedes any previous version. This policy will apply to all distributors and retailers, including catalog and internet retailers, (collectively, “Reseller”), who sell Evolution products listed in Exhibit 1 to end users in the United States.
Exhibit 1.
| Product | Description | Effective Date | Minimum Advertised Price |
| S185CCSL | 7-1/4” Metal Cutting Circular Saw | 7/26/21 | $165.00 |
| S210CCS | 8-1/4” Metal Cutting Circular Saw | 10/01/21 | $289.00 |
| S355CPSL | 14" Steel Cutting Chop Saw w/14BLADEST | 3/15/22 | $379.00 |
| S380CPS | 15" Steel Cutting Chop Saw w/ 14BLADEST | 3/15/22 | $479.00 |
| S28MAG | 1-1/8" Dia. x 2" Depth Magnetic Drilling System | 10/24/22 |
$505.00 |
| 102-0004 | S355MCS 14" Mitering Chop Saw | 10/01/22 |
$849.00 |
| 133-0001 | MCSSTAND Mitering Chop Saw Stand | 10/01/24 | $249.00 |
| 084-0004B | Evolution S14CPS | Steel Cutting Chop Saw with EVOMAX14ST | 10/1/2024 | $499.00 |
| 084-0004A | Evolution S15CPS | Steel Cutting Chop Saw with EVOMAX14ST | 10/1/2024 | $599.00 |
| EVOMAX14ST | Evolution EVOMAXST | Professional Grade Mild Steel Optimized 14" Chop Saw Blade | 10/1/2024 | $139.00 |
| EVOMAX14AL | Evolution EVOMAX-AL | Professional Grade Aluminum Optimized 14" Chop Saw Blade | 10/1/2024 | $159.00 |
Policy Guidelines
1. Evolution reserves the right, in its unilateral and sole discretion, to take any action, including termination, with respect to any Reseller that violates this MAP Policy.
2. Evolution will enforce the MAP Policy in its sole and unilateral discretion. Evolution is not under any circumstances seeking agreement from any Reseller to adhere to this MAP Policy. This MAP policy has been unilaterally implemented by Evolution, without negotiating the policy with any individual Resellers. This MAP policy is both unilaterally established and enforced by Evolution. It is not a contract or agreement between Evolution and any Reseller. Evolution neither seeks nor solicits any agreement from Resellers regarding adherence to this policy.
3. Evolution recognizes that any Reseller can make its own decisions to advertise and sell any Evolution product at any price it chooses without consulting or advising Evolution Power Tools. Evolution similarly has the right to make its own independent decision regarding Resellers it chooses to continue selling products. While Evolution sets minimum advertised prices, each Reseller remains free to determine the final sale price at its discretion.
4. Evolution reserves the right to update or modify this MAP Price list at any time at its sole discretion. Each advertisement of a product identified in the MAP Price list at a price that is less than the price shown in Exhibit 1 of this policy will be a violation of the MAP Policy. Evolution products not specifically identified in the MAP Price list are not subject to this MAP Policy.
5. It shall be a violation of this MAP Policy to sell or advertise a bundle (or package) that includes any Evolution Product(s) covered by the MAP Policy.
6. It shall be a violation of this MAP Policy to include in any advertising for Evolution Products any additional discount, coupon, gift card, or incentive that translates into an immediate price reduction below the MAP Price.
7. This MAP Policy applies only to advertised prices and does not apply to the price at which Evolution products are actually sold or offered for sale to an individual customer within Resellers’ retail location, over the telephone, or within Resellers’ Select territory (if such territory has been assigned). Resellers remain free to sell these products at any price they choose under these circumstances. This MAP Policy does not establish maximum advertised prices. All Resellers may offer Evolution products at any price in excess of the MAP Price. This MAP policy applies solely to advertised prices and does not restrict or limit the actual resale price offered to customers at the point of sale, including through negotiations or discounts within a retail setting.
8. Resellers are expected to avoid using advertising language that could mislead customers about pricing compliance with the MAP policy. Examples include but are not limited to:
- “See price in cart”
- “Log in for price”
- “Use coupon code for discount price”
- “Call for price”
- “Call for discount”
9. From time to time, Evolution may permit Resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, Evolution reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all its customers of such changes.
10. From time to time, Evolution may offer a direct manufacturer’s rebate to customers. In such event, it shall not be a violation of this MAP Policy for Resellers to advertise the availability of the manufacturer’s rebate, provided that (a) the advertisement(s) include a MAP compliant price, specifies the applicable rebate amount, and provides the net price after the manufacturer’s rebate in the same type size and style; (b) an asterisk is placed next to the net price after manufacturer’s rebate; (c) the “After manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.
11. Evolution Sales representatives are NOT permitted to make any agreements or assurances with respect to Evolution’s MAP Policy regarding Reseller advertising or pricing. This also includes any consumer program or promotion that affects the MAP Products.
12. This policy is intended to comply with the relevant provisions of the Canada Competition Act. Evolution does not seek to unduly influence resale prices and will not engage in practices that contravene Canadian competition law.
Intentional and/or repeated failure by a Reseller to abide by this MAP Policy may result in sanctions unilaterally imposed by Evolution. The level of sanctions will be determined by Evolution in its sole discretion and may include permanent termination of Reseller. Evolution does not intend to do business with Resellers who degrade the image of Evolution or its products. If a Reseller with multiple store locations violates this MAP Policy at any store location, then Evolution may consider this to be a violation by all the Reseller’s locations. Evolution will monitor the advertised prices of its products in all channels, either directly or via the use of a third-party monitoring service. Evolution reserves the right, at its sole discretion, to modify or cease business relationships with Resellers who advertise prices below the MAP. These decisions will be based on Evolution’s business interests and marketing strategy.