SALES POLICY

Version Update: 09/2017

To all our Valued Partners of Condor Tool and Knife Inc:

Since our beginning Condor Tool and Knife (CTK) has provided quality edged products at a value that all consumers have come to recognize. CTK is an established brand to be owned and used in everyday life with the knowledge that CTK stands by their products and their partners through warranty programs with a deep commitment to customer service. The reputation of CTK and its products is one of our most important assets. We recognize that Condor’s growth and market positioning has been made possible through the ongoing support and trust from our Dealer base.

In an effort to protect our brand and to support you as an authorized Distributor / Reseller of our products, we are rolling out a minimum advertised pricing (MAP) policy, effective Jan 1, 2017.

The goal of the policy is to allow all our stocking Resellers the opportunity to have a fair selling experience with all the channels that are available today.

Sincerely;

The CONDOR TOOL AND KNIFE TEAM

Condor Tool & Knife

Minimum Advertised Pricing Policy

Effective January 1, 2017, Condor Tool and Knife (CTK) has adopted a Minimum Advertised Pricing Policy (“MAP Policy”) MSRP LESS 15%, which is applicable to all CTK Distributors, dealers, sales representatives, and other authorized resellers in the United States (Authorized Partners). The MAP is intended to protect the CTK brand as a premium offering, preserve the opportunity for competitive reseller margins, and avoid channel conflict between Authorized Partners.

The MAP Policy will be adhered to under the following guidelines, which are subject to change in CTK’s sole discretion at any time, without notice:

1) The products covered by this Policy are indicated on official CTK price lists. Initially MAP will be the entire Catalog as published on official CTK price lists. CTK may in its sole discretion modify the list of MAP Products from time to time. CTK, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy as a price lower than the MAP.

2) The MAP Policy applies to all advertisements of MAP Products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, television, radio, and public signage as well as internet sites, social media sites, apps, or any other electronic media (“Advertisements”).

3) 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 shopping card, and other similar features are considered to be communications initiated by the dealer (rather than by the customer) and thereby constitute Advertisements under this MAP Policy.

4) Any in-store advertising that is displayed only in a physical brick-and-mortar location and not distributed to any customer(s) outside of that brick-and-mortar location will not fall under the MAP Policy. MAP applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the dealer’s retail location or over the telephone.

Authorized Partners remain fee to sell these products at any price they choose.

5) The inclusion of advertising of free or discounted products (whether made by CTK or another manufacturer) with a MAP Product would be contrary to this MAP Policy if it has the effect of discounting the advertised price of the MAP Product below the MAP.

6) If pricing is displayed in other than a brick-and-mortar retail store, any strike-through or other alteration of the Minimum Advertised Price is prohibited. CTK prohibits the technique of indirectly advertising a price lower than the MAP price through displaying pricing information for potential customers who follow links such as “click here for your price”, automated “bounce back” pricing emails, pre-formatted email responses, “click for lower price”, “price too low to print”, “click for our price”, “click for special pricing,” and automatic price display for any items prior to being placed in a customer’s shopping cart and are considered Advertisements under this Policy. However, pricing information displayed for potential customers who have affirmatively proceeded toward making a purchase such as by placing a MAP Product into an electronic “shopping cart” or by following links such as “click here to order”, “add to cart” or “click to buy” or during the purchase payment process are not considered Advertisements for purposes of this MAP Policy.

7) CTK’s MAP Policy is not intended to control, influence, determine, restrict or limit in any way the price at which CTK products may be sold. It is strictly limited to the conduct of advertising, and each reseller remains entirely free to determine its own resale price for CTK products. MAP does not establish maximum advertised prices. Authorized Partners may advertise MAP Products at any price in excess of the MAP.

8) It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will meet or beat any competitor’s price or to use similar phrases so long as the Authorized Partner does not include any advertised price below MAP and otherwise complies with this MAP Policy.

9) Authorized Partners agree to hold all trademarks and copyrights of CTK as the property of CTK and use advertising materials provided by CTK in an authorized manner only.

10) From time to time, CTK may permit Authorized Partners to advertise products at prices lower than the MAP retail price. In such events, CTK 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 Authorized Partners of such changes.

11) Authorized Distributor Partners will supply a copy of the CTK MAP Policy as well as a copy of the Authorized Reseller Requirements to any new or existing reseller (“Reseller”). Authorized distributor Partners are obligated to monitor compliance with this MAP Policy by each Reseller and are expected to act on and request immediate corrective action of any known violation of the MAP Policy by a Reseller. A list of Violating Resellers will be issued on a regular basis.

12) CTK will be active in establishing an Authorized Dealer List (resellers and distributors) for the purpose of the following scenarios:

  • For protection against the sale of counterfeit and/or used CTK product;
  • So that the CTK warranty program may be implemented in a more consistent and effective manner;and
  • To avoid widespread market distortions and harm to Condor’s brand in general.

CTK encourages all CTK Distributors to submit the names of any Resellers they wish to be an Authorized CTK Dealer and all Current Resellers to submit to Condor Tool and Knife a request to be an Authorized CTK Dealer.

13) In an effort to make sure there is no misunderstanding as to where MAP pricing is and that ALL CTK product is displayed and described correctly, CTK has published on its website (www.condortk.com) complete product and pricing information. All authorized Distributors and Resellers will be able to download images and correct item information, including MAP prices, from the CTK website for their use. In addition, when a promotion and/or other discounts are planned, all CTK customers will be informed in an appropriate time frame so they can plan and participate to their desired level.

14) No employee or sales representative of CTK has any authority to discuss, modify or grant exceptions to this MAP Policy.

15) CTK will be solely responsible for determining whether an Authorized Distributor or Reseller has or has not complied with this MAP Policy and for imposing consequences. The level of sanctions, if any, will be determined by CTK in its sole discretion and may include indefinite suspension of authorized reseller or distributorship status and/or the ability to purchase products from CTK or its Authorized Partners. CTK need not provide prior notice or issue warnings before taking any action under this MAP Policy, although it reserves the option to issue warning letters, followed by sanctions including temporary and indefinite suspensions to purchase CTK products. CTK is not seeking agreement from any Authorized Partner to adhere to this MAP Policy, and no representative of CTK is authorized to solicit or accept any such agreement. It is entirely within the discretion of each Authorized Partner whether to comply or not comply. CTK sales personnel have no authority to modify or grant exceptions to this Policy or to provide interpretations of this Policy. CTK is not bound by any exception or interpretation that an Authorized Partner believes it has received.

Please refer to the Authorized Distributor and Resellers policies for additional information.

Version Update: 09/2017

Version Update: 09/2017

Condor Tool & Knife

Authorized Distributor Policy

To qualify and remain a CTK Authorized Distributor, your business must adhere to this CTK Authorized Distributor Policy at all times.

1. Maintain Current Business Information. Maintain accurate and up-to-date customer information and upon request disclose any information concerning CTK throughout the term of your distributor relationship with CTK.

2. CTK’s Trademarks & Brand Policy. Distributors must comply with CTK’s Trademark & Brand Policy and assist in monitoring the compliance of CTK’S Authorized Reseller serviced by the distributor in all online advertising & sales collateral materials.

Setting up businesses, registering domain names, or social media usernames that contain any of CTK’S trademarks is strictly prohibited. To ensure compliance with CTK’s Authorized Distributor Policy, you may only use approved marketing materials for all CTK products. You can read the entirety of CTK’s Trademark & Brand Policy, see attached.

3. Sell to Stocking Dealers Only. Distributor may not sell to other wholesalers, freight forwarders, or drop shippers for retailers. Distributor may only sell to Authorized resellers and Authorized E-Commerce resellers. You can read the entirety of CTK’s Authorized Reseller Requirements, see attached

4. Only Purchase CTK Products Directly From CTK. Distributor must not buy CTK products from other sources, or from other sources not explicitly endorsed by CTK.

5. Only Sell CTK Products in Original Packaging. Distributor may not alter original CTK packaging in any way prior to reselling CTK products. Removing CTK products from packaging and reselling CTK products in a different packaging or under a different name is strictly prohibited.

6. No Bundling CTK Products without Obtaining Permission. Distributor must not re-SKU or bundle CTK products without receiving prior written permission from CTK.

7. Customer Confusion. Distributor will not advertise, market, display, or demonstrate non-CTK products together with CTK products in a manner that would create the impression that the non- CTK products are made by, endorsed by, or associated with CTK.

8. Approved Wholesale-Only Website(s) Only. Distributor must only take orders via login secured e-commerce enabled web pages hosted on approved websites owned and operated by your company. Selling and/or shipping to consumers on 3rd party sites (eBay, Amazon, Alibaba, etc.), drop-ship accounts (Buy. com, Jet.com, Newegg.com, Overstock.com, etc.), classified sites (Craigslist.com, Facebook Marketplace, etc.) or direct messages on forums is strictly prohibited.

9. Sell to Customer(s) Within an Assigned Geographic Territory. Distributor must restrict customer order shipments to shipping addresses located within their assigned country or designated territory, that being North America.

10. Sell to Customer(s) Within an Assigned Market Segment. Distributor must restrict customer order shipments within their assigned market segment. Distributor must restrict customer order shipments to within your assigned market segment. Selling and/or shipping to third party e-commerce customers is not allowed.

11. Ensure PCI Compliance. Distributor must ensure PCI compliance for all approved commerce-enabled websites owned & operated by your company.

12. Ensure MAP Policy Compliance. Distributor must ensure that it complies at all times with CTK’s Minimum Advertised Price (“MAP”) Policy.

CTK’s MAP Policy is not intended to control, influence, determine, restrict or limit in any way the price at which Condor products may be sold, it is strictly limited to the conduct of advertising, and each reseller remains entirely free to determine its own resale price for Condor products.

13. Additional Distributor Obligations for Authorized E-Commerce Dealers. Distributor must ensure industry-standard e-commerce security and fraud protection measures are in place, including two-factor authentication, authorized territory shipping restrictions, and customer fraud resolution procedures for all customers with Authorized E-Commerce websites.

14. Obey the Law, Abide by Policy Rules & Serve Customer Needs. Distributor must ensure that all their CTK E-Commerce customers have industry-standard e-commerce security and fraud protection measures in place, including two-factor authentication, authorized territory shipping restrictions, and customer fraud resolution procedures.

Failure to comply with all of the terms in CTK’s Authorized Distributor Policy will result in suspension or termination of your account.

Version Update: 09/2017

Condor Tool & Knife (CTK)

Authorized Reseller Policy

To qualify and remain a CTK Authorized Reseller, your business must adhere to this CTK Authorized Reseller Policy at all times.

1. Maintain Current Business Information.

Maintain accurate and up-to-date company information and Upon Request disclose the CTK product and retail locations that carry CTK throughout the term of your reseller relationship with CTK or CTKdistributors.

Qualifying retail locations can only be one of the following: your physical brick & mortar store(s), your commerce-enabled website(s), or temporary storefronts (events, trade shows, pop up stores, etc.).

2. CTK’s Trademarks & Brand Policy

Reseller must comply with CTK’s Trademark & Brand Policy and represent yourself as a CTK Authorized Reseller in all online advertising & sales collateral.

Setting up businesses, registering domain names, or social media usernames that contain any of CTK’s trademarks is strictly prohibited. To ensure compliance with CTK’s Authorized Reseller Policy, you must only use approved marketing materials for all CTK products.

You can read the entirety of CTK’s Trademark & Brand Policy, see attached;

3. Sell to Retail Consumers Only

Reseller may not sell in bulk to B2B accounts, wholesalers, or freight forwarders/drop shippers for other retailers. Reseller may only sell to your end consumers only.

4. Only Purchase CTK Products Directly From Assigned & Authorized Distributor

Reseller must not buy CTK products from other retailers, or from other sources not explicitly endorsed by CTK.

5. Only Sell CTK Products in Original Packaging

Reseller may not alter original CTK packaging in any way prior to reselling CTK products. Removing CTK products from packaging and reselling CTK products in a different packaging or under a different name is strictly prohibited.

6. Use CTK Supplied Core Product Data in Feeds

Reseller will have available to them CTK supplied item data information for all product data feeds used for describing and listing of CTK product.

7. No Bundling CTK Products without Obtaining Permission

Reseller must not re-pack or bundle CTK products in your online assortments & data feeds without receiving prior written permission from CTK.

8. Exportation Sales

Reseller agrees to cooperate with CTK in preventing unauthorized exportation of CTK products. Reseller shall endeavor to request the following information from customers that buy in bulk (10 or more units): customer name, customer address, customer phone, and dates of transaction. The customer information is not required to be transferred to CTK, however it should be used to identify suspicious purchase patterns. In the event the customer refuses to provide such information, Reseller should contact CTK.

9. Customer Confusion

Reseller will not advertise, market, display, or demonstrate non-CTK products together with CTK products in a manner that would create the impression that the non-CTK products are made by, endorsed by, or associated with CTK.

10. Sell on Approved Retail Website(s) Only

Reseller must only take orders via publicly accessible e-commerce enabled web pages hosted on approved websites owned and operated by your company.

Selling on 3rd party sites (eBay, Amazon, Alibaba, etc.), drop-ship accounts (Buy.com, Jet.com, Newegg.com, Overstock.com, etc.), classified sites (Craigslist.com, Facebook Marketplace, etc.) or direct messages on forums is strictly prohibited.

11. Ensure PCI Compliance

Reseller must ensure PCI compliance for all approved commerce-enabled websites owned & operated by your company.

12. Ensure MAP Policy Compliance

Reseller must ensure that it complies at all times with CTK’s Minimum Advertised Price (“MAP”) Policy. CTK’s MAP Policy is not intended to control, influence, determine, restrict or limit in any way the price at which Condor products may be sold, it is strictly limited to the conduct of advertising, and each reseller remains entirely free to determine its own resale price for Condor products.

13. Maintain Updated Privacy Policy

Reseller must publish and maintain a publicly accessible privacy policy.

14. Operate Ecommerce Business Separately from Offline Retail Business

Reseller must plan inventory for e-commerce business separately from inventory planned for their physical store’s business & provide accurate sell-thru numbers for each uponrequest.

15. Security Measures from E-Commerce Sites and Fraud Protection

Reseller must ensure industry-standard e-commerce security and fraud protection measures are in place, including two-factor authentication, authorized territory shipping restrictions, and customer fraud resolution procedures.

Failure to comply with all of the terms in CTK’s Authorized Reseller Policy will result in suspension or termination of your account.

Version Update: 09/2017

GENERAL WARRANTY

SCOPE OF WARRANTY

CONDOR TOOL & KNIFE (“CTK”) warrants each product sold by CTK or its authorized resellers ("Product") to be free of defects in materials or workmanship for as long as you own the Product, or for the maximum period allowed by the laws of your jurisdiction, if less.

IMPORTANT NOTICE: PURCHASING FROM A NON-AUTHORIZED RESELLER WILL VOID THE WARRANTY.

CTK is firmly committed to providing our customers with best in class Products through authorized resellers. Our policy is to honor product warranties and to perform services only on Products purchased from an authorized CTK reseller and only accompanied by a receipt or proof of purchase.

Unfortunately, CTK products are sometimes sold by companies that are not authorized to do so. Products sold by these unauthorized resellers are not purchased from CTK or an authorized distributor; instead they are acquired from a host of other sources. CTK products sold by unauthorized resellers sometimes are purchased on a secondary "gray" market and can be pirated goods not produced by CTK, damaged, defective or so-called "B" stock goods, or stolen goods. Due to the nature of the goods sold by unauthorized resellers and their business practices, products sold by unauthorized resellers are not entitled to CTK warranty coverage.

We are using our best efforts (including this warning) to prohibit these companies from taking advantage of consumers, but these practices still exist. We urge you to check CTK’s website to ensure that, at the time of purchase, the reseller is an authorized partner of CTK.

EXCLUSIONS FROM COVERAGE

Excluded from coverage under this warranty are the following:

  • Products purchased other than from Condor Tool and Knife or from an authorized CTK reseller.
  • Products without an accompanying proof of purchase or receipt.
  • Damage resulting from abuse or misuse.
  • Damage resulting from extended wear and tear.
  • Damage resulting from tampering or a customer modification.
  • Damage resulting from exposure to a caustic substance.
  • Loss of the product or parts of the product by the customer.
  • Consequential, incidental, indirect, punitive, exemplary, and/or special damages (although some states in the United States do not allow the exclusion or limitation of consequential or incidental damages, so this exclusion might not apply to you).

This warranty is the exclusive warranty provided by CTK relating to the Product and, to the maximum extent permitted by law, CTK disclaims all other express or implied warranties.

WHAT YOU WILL NEED TO DO TO RETURN DEFECTIVE PRODUCTS

Bring the Product to the store where it was purchased OR call CTK for a Return Authorization Number ("RA#").

To obtain an RA#, please take the following steps:

  • call us at 1-407-458-9396; OR EMAIL US AT rtj2@att.net
  • tell us WHAT you are sending back;
  • tell us WHY you are sending it back;
  • You must send a picture of the problem on the product as proof.
  • Record the RA# and details for your future reference.

To ship the Product back to CTK, please take the following steps:

  • include a copy of the original proof of purchase or receipt;
  • include a brief description of the problem;
  • include the RA#;
  • mark or identify the defect with a piece of masking tape (if applicable);
  • print the RA# clearly on the outside of the box; and
  • ship the Product to the following address:

CONDOR TOOL & KNIFE Returns

CONDOR TOOL & KNIFE

7557 WEST SAND LAKE RD #106

ORLANDO, FL 32819

Attn: Warranty Department (RA #_______________)

Please ship the Product freight prepaid and insured. CTK assumes no responsibility for Products during shipment from the customer to our Warranty Department and shipping charges are not refundable.

If CTK determines that the Product is defective, CTK will either replace the Product or repair the Product. All determinations made by CTK will be within CTK's sole discretion and will be final.

All returns by CTK in the United States will be sent using DHL shipping. All returns to international customers will be sent using standard shipping.

STATE AND INTERNATIONAL LAWS

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state in the United States and in other countries.

CONDOR TOOL & KNIFE

Trademark & Brand Policy

Welcome to CONDOR TOOL & KNIVES Trademark and Brand Policy page. Below you’ll find our guidelines, so that you can interact with the CTK brand correctly.

Usage Guidelines

CTK’s trademarks and trade dress are protected in the US and internationally, and may not be used without our written permission. CTK’s trademarks include, but are not limited to, CONDOR TOOL & KNIFE’s

1) Logo, and other graphics, phrases or images that identify the source or origin of CONDOR TOOL & KNIVES product and services. Do not alter or modify the marks or use them in a confusing way that suggests that CTK sponsors or endorses you or your products or services, or confuses the CTK brand with another brand.

You may use our CONDOR TOOL & KNIFE wordmarks such as CONDOR TOOL & KNIFE, but not our logos in truthful and factual statements to communicate: (1) that your product is “made for use with” or “compatible with” CTK’s products (more about this is below), or (2) your interest in CTK’s. If you are an authorized CTK distributor or reseller, you should review your agreement with CTK to understand your authorization to use CTK marks.

Websites/Fan sites

Do not apply for a trademark containing CTK or one of our other marks, and do not use CONDOR TOOL & KNIFE in your website name or register a domain name that contains CONDOR TOOL & KNIFE or any other variations of our marks. Your website or fan site must not copy the distinctive CTK look and feel, as we do not want anyone to be confused about whether it’s your site or our site.

Buy from an authorized retailer, reseller, or distributor of our products

We take the protection of our brand very seriously. Authentic CTK products are available worldwide in retail stores. By purchasing your CTK products from an authorized retailer, reseller, or distributor, you are helping us to maintain the authenticity of our brand.