BECOME AN AUTHORIZED MILLENNIUM STANDS DEALER

Authorized Dealer Warranty & Policy

To all Millennium Treestand and Ol’ Man Treestand Wholesale Distributors and Dealer/Resellers:

In order to ensure Millennium Treestand and Ol’ Man Treestand wholesale distributors and retail resellers are able to sustain healthy margins on all branded products and ensure that our end users are being provided a quality sales experience, customer support, and quality products, Millennium Outdoors, LLC (“Company” or ‘Millennium”) has announced a Wholesale Distributor and Authorized Dealer Program, effective August 1, 2019. In order to become an Authorized Dealer, one must submit a completed authorized dealer approval form that must be signed and approved by Millennium. Once approved, the Authorized Dealer will be listed on the appropriate Millennium Treestand or Ol Man Treestand website as an “Authorized Dealer.”

An Authorized Dealer will be granted the non-exclusive right to purchase Millennium Treestand and Ol’ Man Treestand products directly from Millennium Outdoors or Millennium Outdoors authorized wholesale distributors and to fulfill orders, market, sell, and distribute the products to end users under the 2019 Amended Product Distribution and Warranty Policy that goes into effect August 1, 2019. Specifically relating to the Product Distribution Policy, “Authorized Dealers may only sell Company products from the Specified Product Lines through either its own “brick and mortar” location or its own website. A sale through a third party owned website would be a violation of this policy and constitute an unauthorized sale. Likewise, pursuant to the 2019 Amended Distribution and Warranty Policy, Wholesale Distributors are only allowed to make authorized sales to purchasers who own “brick and mortar” locations and sell Company products either at those locations or through websites they own. A sale to a purchaser that directly or indirectly sells Company products from the Specified Product Lines through a third party website would be a violation of this policy and considered an unauthorized sale.

Effective August 1, 2019, The Company’s limited warranty does not apply to unauthorized sales. Only authorized sales by Authorized Dealers carry the Company’s one year limited warranty. Beginning August 1, 2019, all unauthorized sales of branded Millennium Treestand or Ol’ Man Treestand products will be considered a violation of the Company’s rights under all applicable laws including but not limited to all federal and state laws governing trademarks, copyrights, deceptive trade practices, false advertising, and unfair competition and will be subject to legal redress including injunctive relief and all damages to the full extent allowed under the applicable law.

2019 Amended Product Distribution Policy

Millennium Outdoors, LLC (the “Company”) has invested heavily in the design and manufacture of its Millennium Tree Stand and Ol’ Man Tree Stand branded products (the “Specified Product Lines”) to ensure that it can offer the highest quality products possible at competitive prices. Our reputation and goodwill as a product quality leader is essential to our continued success. We believe that our authorized Wholesaler Distributors and dealers provide exceptional customer service and support — which are critical to the Company’s efforts to maintain its goodwill and market position as an industry leader in providing quality products.

Millennium Outdoors, LLC (the “Company”) has invested heavily in the design and manufacture of its Millennium Tree Stand and Ol’ Man Tree Stand branded products (the “Specified Product Lines”) to ensure that it can offer the highest quality products possible at competitive prices. Our reputation and goodwill as a product quality leader is essential to our continued success. We believe that our authorized Wholesaler Distributors and dealers provide exceptional customer service and support — which are critical to the Company’s efforts to maintain its goodwill and market position as an industry leader in providing quality products.
Some unauthorized dealers/resellers who have no physical, “brick and mortar” locations, possess only minimal knowledge of our products and products available from other companies, and offer no comprehensive or substantial customer service or support have begun actively marketing the Specified Product Lines. These dealer/resellers are not Authorized Dealers of the Specified Product Lines and any sales made by them are not approved by the Company (“Unauthorized Sales”). While the Company is appreciative of the recognition and support of its products, we believe this trend could, over time, erode the hard-earned reputation of the Specified Product Lines in the marketplace and ultimately undermine the Company’s overall marketing strategy which is predicated on product quality and the customer service and support provided by authorized sellers through authorized sales (“Authorized Sales”).

2019 Amended Product Distribution Policy

In an effort to address its concerns and promote the resale of Company products from the Specified Product Lines through Authorized Sales, the Company establishes the following amended 2019 Product Distribution Policy:

 ► Authorized Dealer/Retail Sales:

● Beginning January 1, 2019, the Company implemented a policy of only accepting orders from authorized retail resellers of it Specified Product Lines who operate at least one physical location open to retail customers where a selection of the products in the Specified Product Lines are physically displayed and/or offered for sale.  (“Authorized Dealer”).

● All determinations regarding whether a dealer/reseller meets the requirements of an Authorized Dealer shall be made by the Company in its sole and absolute discretion.

● This policy is not intended to restrict either: (i) sale of any Company products by an Authorized Dealer via its own website or (ii) the price at which any of the Company products including products from the Specified Product Lines may be advertised or sold.

To comply with this policy, Authorized Dealers may only sell Company products from the Specified Product Lines through either its own “brick and mortar” location or its own website. A sale through a third party owned website would be a violation of this policy and constitute an unauthorized sale.

► Authorized Wholesale Distributor Sales:

● Effective as of January 1, 2019, the Company will reject all or any part of any order for products within the Specified Product Lines received from a Wholesale Distributor to the extent the Company determines in its sole and absolute discretion that such order is intended (in whole or in part) for resale to an unauthorized dealer that does not operate at least one physical location open to retail customers where a selection of the Company’s Specified Product Lines are physically displayed and/or offered for sale.

To comply with the policy, Wholesale Distributors are only authorized to sell Company products from the Specified Product Lines to purchasers that own “brick and mortar” locations and sell Company products either at those locations or through websites they own.  A sale to a purchaser that directly or indirectly sells Company products from the Specified Product Lines through a third party website would be a violation of this policy and considered an unauthorized sale.  

● All determinations regarding Authorized Sales shall be made by the Company in its sole and absolute discretion. In making its determination whether an order may be intended for resale to an unauthorized reseller, the Company may consider any information its deems relevant, including but not limited to, the Wholesale Distributor’s past sales history.

● In addition, within ten (10) days after receipt of any written request from the Company, a Wholesale Distributor must provide the Company with the names, dates, and locations of all sales and certify the list as true, correct and complete. Failure to provide a certified timely list will be considered an admission that all unreported sales were unauthorized sales.

● If the Company determines that a Wholesale Distributor has made an unauthorized sale, the Company may, among other things:

● Require the Wholesale Distributor to return products purchased from the Company equivalent to the unauthorized sale(s);

● Suspend the Wholesale Distributor from placing orders with the Company for up to 30 days for its initial violation and up to 60 days for subsequent offenses; and/or

● Terminate the Wholesale Distributor from the Company’s list of authorized wholesale distributors and require the Wholesale Distributor to return all Company products in its possession, custody or control.

Limited Warranty for Authorized Sales Only 

The Company provides a one year limited warranty on the Company’s Specified Product Lines but does not extend the limited warranty to any products sold pursuant to unauthorized sales.  Only Authorized Sales carry the Company’s one year limited warranty.