To be an authorized Kϋryakyn dealer these requirements must be met:

Transcription

1 Thank you for inquiring about becoming a Kϋryakyn Dealer! To be an authorized Kϋryakyn dealer these requirements must be met: A walk-in retail store. The shop must be located on commercial property. Shops located on residential (home) property and website based businesses are not eligible for a Kϋryakyn dealership. The shop must be for motorcycles and motorcycle related products only. Businesses combining motorcycle accessories with unrelated products are not eligible for a Kϋryakyn dealership. Photographs of the exterior and interior of the shop are required with all non-franchise applications. The exterior photos should clearly show the storefront and business sign, while the interior photos should clearly show the merchandise display area. A copy of your State Resale License and/or Federal Tax Certificate is required with all applications. If you meet all of these requirements please return completed dealer application, photos of the shop (if applicable), completed Resale License and/or Federal Tax Certificate to your Kϋryakyn sales representative. Upon receipt we will begin setting up your account, assign a customer number and begin the process of getting our brand in your store. We look forward to our partnership! Thank you, Jamie Nutzmann Call Center Manager ext. 133 jamie.nutzmann@kuryakyn.com Phone: County Rd VV Somerset, WI Fax: Küryakyn Holdings USA, a MAG Inc. Company

2 LEGAL BUSINESS NAME D.B.A BILLING ADDRESS SHIPPING ADDRESS (IF DIFFERENT) CUSTOMER PHONE # CITY COUNTY STATE ZIP FEDERAL TAX (EIN) # STATE TAX (RESALE) # YEARS IN BUSINESS BUSINESS HOURS WEBSITE TYPE OF BUSINESS FRANCHISE TYPES ACCESSORIES USED BIKES/REPAIR PERFORMANCE TYPE OF OWNERSHIP PARTNERSHIP CORPORATION INDIVIDUAL OTHER Dealer Application Note: Non-Franchise applicants must provide pictures of interior & exterior of building. FAX For Office Use Only Dealer # Credit Application New Existing ARE YOU INTERESTED IN USING OUR DEALER WEBSITE? IF YES, NOTE ADMINISTRATIVE HERE OWNER/PARTNER(S) INFO HOME ADDRESS CITY STATE ZIP HOME PHONE# SALES CONTACT STORE MANAGER PARTS MANAGER ACCOUNTS PAYABLE CONTACT PHONE MOTORCYCLE BUSINESS/SUPPLIER REFERENCES: ADDRESS ADDRESS ADDRESS ADDRESS FAX NAME DEALER # TERMS NAME DEALER # TERMS NAME DEALER # TERMS In consideration of credit being extended by Kuryakyn to the above named applicant whether applicant be an individual or individuals, a proprietorship, a partnership, a corporation, or other entity, the signed guarantor or guarators each hereby contract and guarantee to Kuryakyn the faithful payment, when due, of all accounts of said applicant for the purchases made. The signed guarantor or guarantors each hereby expressly waive all notice of acceptance of this guarantee, notice of extension of credit to applicant, presentment, and demand for payment on applicant, protest and notice to signed guarantor or guarantors of dishonor or default by applicant or with respect to any security held by Kuryakyn, extension of time of payment to applicant, acceptance of partial payment or partial compromise, all other notices to which the signed guarantor or guarantors might otherwise be entitled and demand for payment under this guarantee. Absent written permission by creditor, this personal guarantee may not be revoked. In the event that a check is returned unpaid, the guarantor will be assessed a $30 Non-Sufficient Funds Fee. In the event that said applicant needs to be sent to a 3rd party, they are responsible for all 3rd party fees. OWNER'S SIGNATURE DATE FOR OFFICE USE ONLY: Date Approved Declined Review Review Date Amount Initial Date Approved Declined Review Review Date Amount Initial Date Approved Declined Review Review Date Amount Initial Rep Notes: Phone: (800) Fax: (715) County Road V V Somerset, WI

3 State of Dealer # Resale Certificate Company Name Company Address City, State, Zip Code I hereby certify: 1. That I hold a valid seller s permit number issued pursuant to the Sales and Use Tax Laws of the state listed above. 2. That I am engaged in the business of selling 3. That the motorcycle accessories that I shall purchase from Kϋryakyn Holdings LLC will be resold by me in the form of personal property. 4. Provided, however, that in the event any of this property is used for any purpose other than retention, demonstration, or display while holding if for sale in the regular course of business, it is understood that I am required by the Sales and Use Tax Law to report and pay tax directly to the state based on the purchase price of such property or other authorized amount. Signature of Purchaser or Authorized Agent Print Name Title Date Phone: (800) County Road VV Somerset, WI Fax: (715)

4 Power you Can Bank On! 1280 Kona Dr. Compton, CA MSRP POLICY TTS is the industry leader in developing, manufacturing, and supplying the tools needed for EFI reprogramming of Delphi equipped Harley-Davidson Motorcycles. TTS believes it is necessary to retain their strong reputation for excellence in manufacturing, customer support, and supplying a quality product at a fair price. As such, TTS wants to work with distributors and resellers who also market TTS product based on the superior qualities and customer support TTS products offer. To this end, TTS has adopted the following Minimum Suggested Retail Price policy as described below. 1. POLICY: TTS distributors or resellers shall not advertise TTS products at prices less than current TTS Minimum Suggested Retail Price (MSRP) price. The MSRP price is TTS s current suggested retail price. All pricing is subject to change at the sole discretion of TTS. This policy applies to all current and future TTS products. This policy does not establish a maximum advertised price. All resellers may offer TTS products at any price in excess of the MSRP established pricing. 2. SCOPE: This policy applies to all forms of advertising including mailings, facsimiles, catalogs, coupons, mailers, inserts, displays at consumer exhibitions and shows, radio, television, newsletters, solicitations, public signage, and any and all forms of advertising including without limitation, the Internet, and any other electronic network. Any price information relating to TTS products on an Internet website that can be accessed directly through any hypertext link or by any other method that uses the hypertext protocol (http) is considered to be advertising for purposes of this policy. Resellers are expressly prohibited from selling any TTS product or offering for sale any TTS product via any Internet auction function. 1. Broadcast s are a form of advertising and this policy applies to them. s sent in response to specific customer inquiries about identified products are not considered advertising. 2. The price specified in the electronic shopping cart at checkout is not considered advertising. Language such as Click Buy for price or Click Add to Cart for Price, Click for Price or Click for Quote may NOT be used on the same website page on which a TTS product appears. 3. Any Internet advertisements (i.e., all website pages above the shopping cart level) in which a TTS product appears must include a price which must be no less than MSRP. 4. The MSRP policy does not in any way limit the ability of any reseller to advertise that they have the lowest prices, or will meet or beat any competitor s price, that consumers should call for a price or phrases of similar import as long as the price advertised or listed for the product is not less than MSRP 3. ADVERTISING: Language or graphics that state or suggest that TTS products are being promoted at less than MSRP is prohibited, for example it is in violation of this policy to: 1. Show a price with a slash line through it in a manner that suggests that the advertised offer is less than MSRP 2. Advertise $X off or X% Off in a manner that suggests that the advertised offer is less than MSRP. Unless TTS products are specifically identified as excluded from the offer. 3. Bundling or including a free or discounted TTS product in a way that suggests the TTS product is being offered at less than MSRP 4. Offering as free or gift in association any TTS product The Turbo Shop, Inc Kona Dr. Compton, CA Phone: (310) Fax: (715)

5 Power you Can Bank On! 1280 Kona Dr. Compton, CA MSRP POLICY 5. Use of language such as Less, Take Away, Subtract in a manner that suggests the advertised offer is less than the MSRP. 4. IN-STORE ADVERTISING: For the purpose of this document, In-Store is defined as a brick and mortar location with a delivery address other than a PO Box. This policy does not apply to in-store advertising, such as shelf signs, price tags, window displays, etc. 5. ACTUAL SALES PRICE: This policy applies only to advertised pricing and does not relate to the actual sales price of any item. 6. ENFORCEMENT: TTS will enforce this policy through its own staff and outside consultants and agents. TTS will have unilateral discretion in making all determinations in relation to all aspects of a violation to the MSRP policy. There will be no warnings, threats, discussions, negotiations, or appeals. 1. There are no exceptions to this policy. A reseller is responsible for its advertising, and TTS will not expend the resources necessary to determine whether a violation is intentional or accidental. 7. PENALTIES: Application of penalties for each violation are in the sole discretion of TTS. Penalties will include suspension of shipments on a miss-advertised product line; suspension of shipments of a broader class of products; suspension of all product shipments; or termination of reseller status 8. EFFECTIVE DATE: This policy becomes effective June 1, QUESTIONS: All questions should be directed in writing to TTS Distribution Relations 1280 Kona Dr. Compton, CA There will be no oral communication regarding this policy. No employee or sales representative of TTS Inc. has the authority to discuss or modify this policy and any action of any person which claims to modify this policy or to solicit or obtain the agreement of any person to the policy is unauthorized and invalid. 10. WAREHOUSE DISTRIBUTORS: Warehouse distributors will supply a copy of the TTS Manufacturer Suggested Resale Price policy to any new and existing resellers of TTS products. The copy will be acknowledged, filled out, and returned to TTS Inc. This form shall be signed, and returned to TTS and in doing so, will bind the Reseller to abide by the MSRP policy, and reseller requirements spelled out in this document. Please complete and return the information requested on the following page. The Turbo Shop, Inc Kona Dr. Compton, CA Phone: (310) Fax: (715)

6 Power you Can Bank On! 1280 Kona Dr. Compton, CA MSRP POLICY Please indicate your understanding of the TTS MSRP policy and your willingness to abide by its terms and conditions by providing your company s name as well as all DBAs you sell the product under and signing your name as provided below. Date: Company: DBA: Address: Website: We purchase TTS product through: Authorized Representative: Print Name Title Signature The Turbo Shop, Inc Kona Dr. Compton, CA Phone: (310) Fax: (715)

7 Power you Can Bank On! 1280 Kona Dr. Compton, CA MSRP POLICY TTS INC. MANUFACTURER SUGGESTED RESALE PRICE POLICY PRODUCT LISTING: Part Number Description RETAIL SERT Upgrade $ Serial to USB Cable Only $ upgrade single to dual $ Single Programmer $ Blackk Bike 4 pin Cable only $ Dual Programmer $ CAN 6 Pin Cable Kit $ J pin Cable Kit $42.50 Pricing valid as of 09/01/12 Pricing is subject to change at the discretion of TTS The Turbo Shop, Inc Kona Dr. Compton, CA Phone: (310) Fax: (715)

8 MAP Policy CTEK Power, Inc. actively supports the advertising and promotion of its products through various avenues by its Dealers, Jobbers and Warehouse Distributors (Hereon referred to as Resellers). CTEK has built a strong reputation and following among consumers and has determined that it shall not support through advertising or promotional materials, cooperative advertising or otherwise, advertisements or promotional materials that have the effect of diminishing or detracting from the perceived value of CTEK products. Effective as of April 3rd, 2013, CTEK has established a minimum advertised price ( MAP ) on all CTEK products. The policy applies to all resellers located in the United States of America. This policy is also authorizing Resellers the right to use CTEK s trademarked logos and images per the below guidelines. CTEK s MAP Policy Guidelines 1. The MAP for all CTEK products shall be listed on each CTEK price sheet for dealers and distributors. MAP pricing is established by CTEK for all CTEK products and may be adjusted by CTEK at its sole discretion. All prices displayed through advertising must be at or above MAP for CTEK products. 2. Resellers are not required to list prices in advertising; however if a price is listed, it must be at or above MAP. Other statements such as call for price or call for quote are acceptable and permitted. 3. Resellers are responsible for ensuring their pricing is at or above MAP on Internet search engines. 4. 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. CTEK dealers and distributors remain free to sell these products at any prices they elect. 5. CTEK s MAP policy for CTEK products applies to advertising placements, including but not limited to: print ads (inserts, magazines, newspapers, catalogs, mail order catalogs, etc.), broadcast (radio and TV), direct mail, faxes, Internet placement with third parties (banner ads, broadcast s, destination pages), third-party sites such as AMAZON and ebay), Internet placements on resellers own website, and any flyers, posters or coupons. Exemptions 1. Free or Reduced Price services are not considered Discounts. Services such as payment of some or all shipping and handling, installation of the CTEK products or promotional packaged pre-approved by CTEK are not in violation of the policy and can be offered by the reseller. 2. From time to time CTEK may discontinue models or engage in promotions with respect to certain products. In such events, CTEK reserves the right to modify or suspend the MAP with respect to the affected products by notifying all registered dealers and distributors of such change. CTEK further reserves the right to adjust the MAP with respect to all or certain products at its sole discretion upon 90 days advance written notice to registered dealers and distributors, provided that such changes shall apply equally to all CTEK dealers and distributors. 3. If a CTEK authorized end-user rebate promotion is underway with a CTEK product, resellers may advertise a price lower than MAP provided the reseller notes (below the price and on the same page) that the rebate has been deducted from the advertised price and the amount of the rebate. Advertising a rebate outside of the authorized rebate timeframe is not allowed and is considered a violation of the MAP Policy. Bundles: CTEK authorized bundles must also be advertised at or above MAP price for the CTEK products. CTEK Power, Inc Edison Boulevard Twinsburg, OH United States Phone: Fax: info@smartercharger.com Web:

9 Failure to Comply with the MAP Policy After CTEK verifies to its satisfaction that a reseller is participating in activities that devalue our brand, CTEK will, without assuming any liability, reserve the right to revoke the authorization of that reseller to purchase the affected products. This right of CTEK shall supersede any potentially conflicting term that may exist in an agreement in force between CTEK and a reseller or distributor. CTEK does not intend to do business with resellers who degrade the image of CTEK and its products. CTEK is not obligated to provide prior notice or issue warnings before taking any action under this policy. Violations: Actions taken by CTEK: In the case of a first MAP violation, CTEK will provide written and/or verbal notice to the reseller informing them of the policy and correct pricing. The reseller will have no more than 2 business days to correct pricing to the recommended MAP and will be at risk of losing rights to use CTEK trademarked images and logos, as well as resell CTEK s product. In the case of a second and/or repeated MAP violation by a CTEK reseller, CTEK can cancel orders, refuse to accept new orders, and cease supply to such reseller for a set time period or indefinitely at CTEK s discretion on the product or products for which the MAP violation occurred. In addition, the violating advertisement shall not qualify for reimbursement under CTEK s COOP advertising program. In the case of a MAP violation by a reseller who purchases from any other CTEK distributor, dealer or jobber, CTEK will take actions against the reseller in attempt to correct the MAP violation prior to action against the distributor. Efforts will be made to work unilaterally with the distributor and reseller to correct the resellers MAP violations. Per CTEK s discretion, resellers that participate in activities that devalue the brand will be placed on CTEK s Restricted Sell List. This list will be sent to all CTEK Warehouse Distributors and updated periodically. CTEK will unilaterally make all determinations in relation to a violation of the MAP Policy at its sole discretion. There will be no warnings, threats, discussions or appeals. All accounts will be notified of a violation. CTEK places great value on the efforts of all resellers to distribute our products and support their customers. Our MAP policy is intended to encourage competition for the sale of CTEK products in a manner that is consistent with the long-term interests of our customers. We are sure that you share our commitment to customer satisfaction and as such, we ask that you indicate by signing this MAP confirmation agreement. Please indicate your understanding of this policy and your willingness to abide by its terms and conditions by signing and listing the name of your company below. Company: Date: Authorized Representative: Phone: Signature: CTEK Power, Inc Edison Boulevard Twinsburg, OH United States Phone: Fax: info@smartercharger.com Web:

10 BY Kuryakyn Xkursion Luggage MINIMUM ADVERTISED PRICING POLICY In order to preserve its reputation for providing customers with high value products and strong after-sales support, and to further enhance the Xkursion brand image and its competitiveness in the marketplace, Kuryakyn Holdings, LLC ( Kuryakyn ) is unilaterally instituting a policy of minimum advertised price standards for Xkursion. This Minimum Advertised Pricing Policy ( MAP Policy ) will become effective October 1, 2014 and will apply to distributors and retailers, including catalogs and internet retailers (collectively, Resellers ), who resell Kuryakyn Xkursion products to end users located in the United States. Kuryakyn greatly values the efforts of all Resellers to distribute Xkursion products and support our customers. This MAP Policy is adopted for the benefit of all Resellers and will be uniformly enforced. This MAP Policy shall work under the following guidelines: 1. Kuryakyn will, from time to time, publish a Schedule of Manufacturer s Suggested Retail Prices ( MSRP Schedule ) on its internet website, which may be amended or adjusted by Kuryakyn at any time in its sole discretion. The MSRP Schedule will identify the effective date, the Xkursion products and the manufacturer s suggested retail price ( MRSP ) for those products. Each advertisement of a Xkursion product identified in the MSRP Schedule more than 10% below the MSRP will be a violation of this MAP Policy. Xkursion products not specifically identified in the MSRP Schedule are not subject to this MAP Policy. The initial MSRP Schedule is enclosed. 2. This MAP Policy applies to all advertisements of Xkursion products listed on the MSRP Schedule in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, newsletters, solicitations, internet or similar electronic media, television, radio, and public signage. This MAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s). 3. The inclusion in advertising of free or discounted products (whether made by Kuryakyn or another manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy if it has the effect of discounting the advertised price of the covered Xkursion product more than 10% below the MSRP. 4. If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discount price more that 10% below the MSRP is prohibited. 5. This MAP Policy applies only to advertised prices and does not apply to the price at which Xkursion products are actually sold or offered for sale to an individual consumer within Resellers retail location or over the telephone. Resellers remain free to sell these products at any prices they choose under these circumstances. 6. This MAP Policy does not establish maximum advertised prices. All Resellers may offer Xkursion products at any price in excess of the MSRP. 7. Internet auctions may not display or have reserved bid or other acceptable prices more than 10% below the MSRP. 8. Pricing listed on an internet site is considered an advertised price and must adhere to this MAP Policy. Once the pricing is associated with an intent to purchase (added to shopping cart or order), the price becomes the selling price and is not bound by this MAP Policy. Statements such as add to basket to see price, we will match any price, call for price or phrases of similar import are acceptable as long as the price advertised or listed for the products is not more than 10% below the MSRP. In addition, discounts applied at checkout to the entire order based on a customer s purchasing history with the Reseller, such as discounts for frequent shoppers, do not violate this MAP Policy

11 BY 9. This MAP Policy is solely within Kuryakyn s discretion and authority acting through the duly authorized managers of Kuryakyn. No employee or sales representative of Kuryakyn has any authority to discuss, modify or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid. All questions about this MAP Policy should be in writing and directed via U.S. Mail to MAP Policy Administrator, Kuryakyn Holdings, LLC - Xkursion, 454 County Rd V V, Somerset, WI or via to mapadministrator@xkursionperformance.com who will respond only in writing. No oral communications about this MAP Policy are authorized. The MAP Policy Administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Resellers regarding the policy and receiving any communications regarding sanctions imposed under this MAP Policy. Any action taken by Kuryakyn under this MAP Policy shall be without liability to Kuryakyn. 10. From time to time, Kuryakyn may choose to offer special promotions on certain products. In such an event, we reserve the right to modify or suspend this MAP Policy in whole or in part by notifying all Resellers of the duration and nature of the change. Kuryakyn further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers. 11. Intentional and/or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed by Kuryakyn. The level of sanctions will be determined by Kuryakyn in its sole discretion and may include indefinite termination of dealership or distributorship. Kuryakyn does not intend to do business with Resellers who degrade the image of Kuryakyn and its products. Kuryakyn need not provide prior notice or issue warnings before taking any action under this MAP Policy. 12. Distributors of Xkursion products will supply a copy of this MAP Policy to any new or existing Reseller for their records. 13. The terms of this MAP Policy are confidential and should not be disclosed to other parties. This MAP Policy has been established by Kuryakyn to help ensure Kuryakyn s position as a top producer of high quality products and to protect the reputation of its name and products. This MAP Policy is also designed to avoid destructive intra-brand conflict and to ensure that dealers and distributors have the incentive to invest resources into services for Xkursion customers

12 CRUSHER PERFORMANCE MINIMUM ADVERTISED PRICING POLICY In order to preserve its reputation for providing customers with high value products and strong after-sales support, and to further enhance the Crusher Performance ( Crusher ) brand image and its competitiveness in the marketplace, Kuryakyn Holdings, LLC ( Kuryakyn ) is unilaterally instituting a policy of minimum advertised price standards for Crusher. This Minimum Advertised Pricing Policy ( MAP Policy ) will become effective August 1, 2014 and will apply to distributors and retailers, including catalogs and internet retailers (collectively, Resellers ), who resell Crusher products to end users located in the United States. Kuryakyn greatly values the efforts of all Resellers to distribute Crusher products and support our customers. This MAP Policy is adopted for the benefit of all Resellers and will be uniformly enforced. This MAP Policy shall work under the following guidelines: 1. Kuryakyn will, from time to time, publish a Schedule of Manufacturerʼs Suggested Retail Prices ( MSRP Schedule ) on its internet website, which may be amended or adjusted by Kuryakyn at any time in its sole discretion. The MSRP Schedule will identify the effective date, the Crusher products and the manufacturerʼs suggested retail price ( MRSP ) for those products. Each advertisement of a Crusher product identified in the MSRP Schedule more than 10% below the MSRP will be a violation of this MAP Policy. Crusher products not specifically identified in the MSRP Schedule are not subject to this MAP Policy. The initial MSRP Schedule is enclosed. 2. This MAP Policy applies to all advertisements of Crusher products listed on the MSRP Schedule in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, newsletters, solicitations, internet or similar electronic media, television, radio, and public signage. This MAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s). 3. The inclusion in advertising of free or discounted products (whether made by Kuryakyn or another manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy if it has the effect of discounting the advertised price of the covered Crusher product more than 10% below the MSRP. 4. If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discount price more that 10% below the MSRP is prohibited. 5. This MAP Policy applies only to advertised prices and does not apply to the price at which Crusher products are actually sold or offered for sale to an individual consumer within Resellersʼ retail location or over the telephone. Resellers remain free to sell these products at any prices they choose under these circumstances. 6. This MAP Policy does not establish maximum advertised prices. All Resellers may offer Crusher products at any price in excess of the MSRP. 7. Internet auctions may not display or have reserved bid or other acceptable prices more than 10% below the MSRP. 8. Pricing listed on an internet site is considered an advertised price and must adhere to this MAP Policy. Once the pricing is associated with an intent to purchase (added to shopping cart or

13 order), the price becomes the selling price and is not bound by this MAP Policy. Statements such as add to basket to see price, we will match any price, call for price or phrases of similar import are acceptable as long as the price advertised or listed for the products is not more than 10% below the MSRP. In addition, discounts applied at checkout to the entire order based on a customerʼs purchasing history with the Reseller, such as discounts for frequent shoppers, do not violate this MAP Policy. 9. This MAP Policy is solely within Kuryakyn s discretion and authority acting through the duly authorized managers of Kuryakyn. No employee or sales representative of Kuryakyn has any authority to discuss, modify or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid. All questions about this MAP Policy should be in writing and directed via U.S. Mail to MAP Policy Administrator, Kuryakyn Holdings, LLC - Crusher, 454 County Rd V V, Somerset, WI or via to mapadministrator@crusherperformance.com who will respond only in writing. No oral communications about this MAP Policy are authorized. The MAP Policy Administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Resellers regarding the policy and receiving any communications regarding sanctions imposed under this MAP Policy. Any action taken by Kuryakyn under this MAP Policy shall be without liability to Kuryakyn. 10. From time to time, Kuryakyn may choose to offer special promotions on certain products. In such an event, we reserve the right to modify or suspend this MAP Policy in whole or in part by notifying all Resellers of the duration and nature of the change. Kuryakyn further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers. 11. Intentional and/or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed by Kuryakyn. The level of sanctions will be determined by Kuryakyn in its sole discretion and may include indefinite termination of dealership or distributorship. Kuryakyn does not intend to do business with Resellers who degrade the image of Kuryakyn and its products. Kuryakyn need not provide prior notice or issue warnings before taking any action under this MAP Policy. 12. Distributors of Crusher products will supply a copy of this MAP Policy to any new or existing Reseller for their records. 13. The terms of this MAP Policy are confidential and should not be disclosed to other parties. This MAP Policy has been established by Kuryakyn to help ensure Kuryakyn s position as a top producer of high quality products and to protect the reputation of its name and products. This MAP Policy is also designed to avoid destructive intra-brand conflict and to ensure that dealers and distributors have the incentive to invest resources into services for Crusher customers. 4 Springfield Street, Suite 1 P.O. Box 185 Three Rivers, MA P: F:

14 INFORMATION AND SUPPORT BAHN MINIMUM ADVERTISED PRICING POLICY In order to preserve its reputation for providing customers with high value products and strong after-sales support, and to further enhance the Bahn ( Bahn ) brand image and its competitiveness in the marketplace, Kuryakyn Holdings, LLC ( Kuryakyn ) is unilaterally instituting a policy of minimum advertised price standards for Bahn. This Minimum Advertised Pricing Policy ( MAP Policy ) will apply to distributors and retailers, including catalogs and internet retailers (collectively, Resellers ), who resell Bahn products to end users located in the United States. Kuryakyn greatly values the efforts of all Resellers to distribute Bahn products and support our customers. This MAP Policy is adopted for the benefit of all Resellers and will be uniformly enforced. This MAP Policy shall work under the following guidelines: 1. Kuryakyn will, from time to time, publish a Schedule of Manufacturer s Suggested Retail Prices ( MSRP Schedule ) on its internet website, which may be amended or adjusted by Kuryakyn at any time in its sole discretion. The MSRP Schedule will identify the effective date, the Bahn products and the manufacturer s suggested retail price ( MRSP ) for those products. Each advertisement of a Bahn product identified in the MSRP Schedule more than 10% below the MSRP will be a violation of this MAP Policy. Bahn products not specifically identified in the MSRP Schedule are not subject to this MAP Policy. The initial MSRP Schedule is enclosed. 2. This MAP Policy applies to all advertisements of Bahn products listed on the MSRP Schedule in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, newsletters, solicitations, internet or similar electronic media, television, radio, and public signage. This MAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s). 3. The inclusion in advertising of free or discounted products (whether made by Kuryakyn or another manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy if it has the effect of discounting the advertised price of the covered Bahn product more than 10% below the MSRP. 4. If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discount price more that 10% below the MSRP is prohibited. 5. This MAP Policy applies only to advertised prices and does not apply to the price at which Bahn products are actually sold or offered for sale to an individual consumer within Resellers retail location or over the telephone. Resellers remain free to sell these products at any prices they choose under these circumstances. 6. This MAP Policy does not establish maximum advertised prices. All Resellers may offer Bahn products at any price in excess of the MSRP. 7. Internet auctions may not display or have reserved bid or other acceptable prices more than 10% below the MSRP. 8. Pricing listed on an Internet site is considered an advertised price and must adhere to this MAP Policy. Once the pricing is associated with an intent to purchase (added to shopping cart or order), the price becomes the selling price and is not bound by this MAP Policy. Statements such as add to basket to see price, we will match any price, call for price or phrases of similar import are acceptable as long as the price advertised or listed for the products is not more than 10% below the MSRP. In addition, discounts applied at checkout to the entire order based on a customer s purchasing history with the Reseller, such as discounts for frequent shoppers, do not violate this MAP Policy. BAHNPRODUCTS.COM

15 INFORMATION AND SUPPORT This MAP Policy is solely within Kuryakyn s discretion and authority acting through the duly authorized managers of Kuryakyn. No employee or sales representative of Kuryakyn has any authority to discuss, modify or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid. All questions about this MAP Policy should be in writing and directed via U.S. Mail to MAP Policy Administrator, Kuryakyn Holdings, LLC - Bahn, 454 County Rd V V, Somerset, WI or via to mapadmin@kuryakyn.com who will respond only in writing. No oral communications about this MAP Policy are authorized. The MAP Policy Administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Resellers regarding the policy and receiving any communications regarding sanctions imposed under this MAP Policy. Any action taken by Kuryakyn under this MAP Policy shall be without liability to Kuryakyn. 10. From time to time, Kuryakyn may choose to offer special promotions on certain products. In such an event, we reserve the right to modify or suspend this MAP Policy in whole or in part by notifying all Resellers of the duration and nature of the change. Kuryakyn further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers. 11. Intentional and/or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed by Kuryakyn. The level of sanctions is based on the number of violations and is outlined below. Kuryakyn does not intend to do business with Resellers who degrade the image of Kuryakyn and its products. Kuryakyn need not provide prior notice or issue warnings before taking any action under this MAP Policy. First Offense: Dealer/Distributor will receive notification explaining the MAP policy and how to be compliant. Second Offense: Dealer/Distributor will receive notification and will be given 48 hours to comply for electronic copy and thirty (30) days to comply with print copy. Third Offense: Dealer/Distributor will receive notification of their violation and will be placed on a non-ship basis for thirty (30) days. Forth Offense: Dealer/Distributor will receive notification of their violation and will be placed on a non-ship basis for ninety (90) days. Fifth Offense: Dealer/Distributor will receive notification of their violation and will be placed on a non-ship basis indefinitely. This may be reviewed after a period of one (1) year. 12. Distributors of Bahn products will supply a copy of this MAP Policy to any new or existing Reseller for their records. 13. The terms of this MAP Policy are confidential and should not be disclosed to other parties. This MAP Policy has been established by Kuryakyn to help ensure Kuryakyn s position as a top producer of high quality products and to protect the reputation of its name and products. This MAP Policy is also designed to avoid destructive intra-brand conflict and to ensure that dealers and distributors have the incentive to invest resources into services for Bahn customers. BAHNPRODUCTS.COM