Peak Audio, LLC – Haymaker Headphone Distribution Policy

Effective January 1, 2019

PEAK AUDIO, LLC has determined that in order to better compete against existing premium headphones and to properly position the Haymaker headphone in the market, it must exercise a greater degree of control over the distribution of Haymaker headphones. Therefore, all sales of Haymaker headphones will be subject to this Distribution Policy. This Policy has been unilaterally adopted and will be enforced strictly and uniformly.

Although resellers remain free to establish their own resale prices, Haymaker will, without assuming any liability, cancel all orders and will indefinitely refuse to accept any new orders from any reseller immediately following Haymaker’s verification to its satisfaction that such reseller has advertised, offered, or sold any Haymaker headphones at a net retail sales price less than the minimum retail price established and announced by Haymaker from time to time (the “Floor Price”).

This Policy applies to first-quality goods only. It does not apply to distressed merchandise and closeouts as clearly labeled by Haymaker.  It may be modified at any time by Haymaker, and the Floor Price may be affected by promotions announced by Haymaker or may change during promotional periods designated by Haymaker.

The Floor Price effective January 1, 2019, is $329.99 USD per unit or equivalent value, exclusive of all state and local taxes.

Haymaker will not discuss any conditions of acceptance related to this Policy, as it is non-negotiable and will not be altered for any reseller. In addition, Haymaker neither solicits, nor will it accept, any assurance of compliance with this Policy. Nothing in this Policy shall constitute an agreement between Haymaker and any reseller that the reseller will comply with this Policy.

Haymaker sales personnel and sales groups have no authority to modify or grant exceptions to this Policy. All questions regarding the interpretation of this Policy must be directed to the Haymaker Distribution Coordinator via e-mail.