Dynojet

At Dynojet Research, their mission is to maximize your Powersports experience. All of their products from fuel tuners to clutch kits were made to help your motorcycle, UTV or other vehicle keep up with your ambitions. Their team is made of racers and rebels, so they have the years of experience both on and off the road to help you push the limit.

 

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DYNOJET RESEARCH, INC.

UNITED STATES MINIMUM ADVERTISED PRICE POLICY

Effective June 1, 2021

Dynojet Research, Inc. (“Dynojet Research”), maker of Dynojet- and Dynatek-branded products, has
determined that certain advertising practices undermine Dynojet Research’s trade reputation, brands,
and premium image within the target consumer population and discourage Dynojet Research’s resellers
from investing in Dynojet- and Dynatek-branded product lines and providing the best possible service
and support to consumers. Accordingly, to protect the integrity of the Dynojet and Dynatek brands,
Dynojet Research has adopted this unilateral Minimum Advertised Price Policy (the “Policy”), which
applies to all authorized resellers of Dynojet- and Dynatek-branded products selling to end user
consumers in the United States of America (“Sellers”).

This Policy applies to advertisements of the Dynojet- and Dynatek-branded products listed on the
Dynojet Research, Inc. MAP Schedule (“Covered Products”). The Dynojet Research, Inc. MAP
Schedule will be made available to all Sellers and may be amended by Dynojet Research in its sole
discretion at any time. The Dynojet Research, Inc. MAP Schedule will be updated during the first week
of each calendar month, or from time to time in Dynojet Research’s discretion. Dynojet Research shall
endeavor to notify Sellers of any such unscheduled updates. The Dynojet Research, Inc. MAP Schedule
will be uploaded and available to all Sellers at http://dynojet.com/media/Dynojet_Basic_Price_File.xlsx.
Sellers are responsible for reviewing the then-current Dynojet Research, Inc. MAP Schedule as
distributed by Dynojet Research or uploaded to the above URL. Dynojet Research is solely responsible
for establishing the minimum advertised price (“MAP”) for each Covered Product and communicating

the MAP to all Sellers. While Sellers remain free to advertise and sell all Dynojet- and Dynatek-
branded products at any price they deem appropriate, it is a violation of this Policy for a Seller to

advertise any Covered Product at a price lower than the MAP. Such advertisements include, but are not
limited to:

i. Offering coupons, discounts, reseller rebates, or other inducements that, when applied, result
in a price lower than the MAP, including through use of a storewide sale, promotional code,
website-wide sale, or other similar provision that can be applied to Covered Products.

ii. Bundling Covered Products with other products or services (whether made by or provided by
Dynojet Research or another entity) in a manner that implies below-MAP pricing for the
bundled Covered Product.

iii. Using strikeouts or strikethroughs of pricing information, “see price in cart,” or other
statements that suggest that a lower price for a Covered Product may be found at the final
online checkout stage.

iv. Permitting any third party to alter the advertised price for any Covered Product.
Direct or indirect attempts to circumvent this Policy also violate this Policy; however, it is not a
violation to advertise that a customer may “call for price,” “text for price,” or “email for price” as long
as no price is listed and no automated call, text message, or “bounce-back” email is used in response.

For purposes of this Policy, the terms “advertise” and “advertisement” include all promotional or pricing
information displayed via any type of media, including, but not limited to, newspapers, catalogs,
magazines, flyers, brochures, television, radio ads, billboards, signage (except signs displayed within a
brick-and-mortar selling location), websites, blogs, social media, affiliate marketing
networks/comparison shopping engines, reseller-initiated text messages or emails to customers or
prospective customers, mobile/smart phone applications, banner ads, online product ads, paid search
ads, pay-per-click ads, display ads, mobile ads, product listing ads, sponsored links, ads in any other
media in a digital format that is communicated or conveyed via the Internet, and any other marketing or
promotional materials, whether displayed online or through broadcast or other media.

Notwithstanding the foregoing, pricing information displayed at the final online checkout stage of a
transaction is not considered “advertising” under this Policy. The “final online checkout stage” is the
stage when the Covered Product is put into a shopping cart that contains the customer’s name, shipping
address, email address, and payment information. Pricing information in the “shopping cart” or
“checkout” stages must be obscured technically so that it is not retrievable by shopping and pricing
engines, and not displayed on search page results within the reseller’s own website.

From time to time, Dynojet Research may announce MAP holidays or promotions that are applicable to all
Sellers, during which periods a Seller that advertises a Covered Product in accordance with the terms of the
authorized promotion will not be deemed to have violated this Policy. Dynojet Research will notify all
Sellers of any such authorized promotions, generally not fewer than 15 days in advance.

Further, the advertisement of free or reduced-price shipping is not a violation of this Policy as long as such
offer applies to all or almost all other products offered by a reseller in the same product category.

This Policy does not constitute an agreement between Dynojet Research and any other person or
entity. Dynojet Research neither solicits nor will it accept any assurance of compliance with this Policy
from any Seller or other party. Each Seller must independently choose whether to comply with the
terms of this Policy. This Policy is not negotiable and will not be altered for any individual Seller. This
Policy applies only to advertised prices and does not affect the prices that a Seller may charge for
Dynojet- or Dynatek-branded products.

NON-COMPLIANCE

Dynojet Research will take actions against any Seller that fails to comply with this Policy with respect to
the advertisement of any Covered Product, up to and including revocation of a Seller’s “authorized”
status and termination.

This Policy will be enforced by Dynojet Research in its sole discretion and without notice. Sellers have
no right to enforce this Policy.

Although Dynojet Research is not directing any Seller to require that its reselling customers comply
with this Policy, a violation of this Policy by any such reselling customer will constitute a violation by
the Seller supplying Covered Products to such reselling customer.

POLICY ADMINISTRATION

Dynojet Research may update, revise, suspend, terminate, reinstitute, or modify this Policy at any time
in its sole discretion. Dynojet Research shall make any such modifications available to all Sellers. If
Dynojet Research changes the MAP on any Covered Product, it will provide at least 15 days’ notice to
Sellers before such change takes effect.

No Dynojet Research employee or agent, including a Seller’s sales representative, is authorized to
modify, interpret, or grant exceptions to this Policy; solicit or obtain the agreement of any person to this
Policy; or otherwise discuss any aspect of this Policy with any Seller, including that Seller’s or any other
Seller’s compliance with the terms of this Policy. Any questions about this Policy should be submitted
in writing and directed to Dynojet Research’s MAP Enforcement Group at MAP-Admin@dynojet.com.
Dynojet Research will accept no other form of communication from Sellers regarding this Policy.

This Policy is effective as of the effective date set forth above and supersedes all prior Dynojet Research
policies or statements regarding minimum advertised prices or resale prices for Dynojet- or Dynatek-
branded products applicable to any Seller.

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