DV8 -Policy Regarding Minimum Advertised Pricing (MAP)

DV8 Offroad actively supports the advertising and promotion of its products by its domestic dealers and distributors through materials provided by DV8 at nominal or no cost. DV8 has built a strong reputation among consumers. DV8 Offroad 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 DV8 products.

Effective as of December 1, 2015, DV8 Offroad has established a minimum advertised price (“MAP”) on all genuine DV8 Offroad products. This policy applies to U.S. and Canadian dealers and distributors.

The Map policy shall work under the following guidelines:

1. The MAP for select genuine DV8 Offroad products shall be listed on each Genuine DV8 Offroad jobber sheet for dealers and distributors. MAP pricing is established by DV8 Offroad for select DV8 Offroad products and may be adjusted by DV8 Offroad at its sole discretion.
2. The MAP policy applies to all advertisements of Genuine DV8 Offroad products in any and all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, internet or similar electronic media, television, radio, and public signage. The MAP policy is not applicable to any in store advertising that is not distributed to any customer. 
3. The inclusion in advertising of free or discounted products (whether made by DV8 Offroad or another manufacturer) with a product covered by MAP policy would be contrary to the policy if it has the effect of discounting the advertised price of the covered product below the MAP.
4. MAP applies only to advertised prices and does not apply to the price at which products are actually sold or offered for sale to an individual customer within the dealer’s retail location or over the telephone. DV8 Offroad dealers and distributors remain free to sell these products at any prices they elect. 
5. MAP does not establish maximum advertised prices. All dealers and distributors may offer DV8 Offroad products at any price in excess of the MAP established for such products. 
6. DV8 Offroad’s MAP policy does not in any way limit the ability of any dealer to advertise that “they have the lowest prices” or they “will meet or beat any competitors price”, or that consumers should “call for a price” or phrases of similar import as long as the price advertised or listed for the products is not less than MAP.
7. From time to time DV8 Offroad may discontinue models or engage in promotions with respect to certain products. In such events, DV8 Offroad reserves the right to modify or suspend the MAP with respect to the affected products by notifying all dealers of such change. DV8 Offroad further reserves the right to adjust the MAP with respect to all or certain products at its sole discretion. 
8. Intentional and/or repeated failure to abide by this policy will result in termination of dealership or distributorship. DV8 Offroad does not intend to do business with dealers or distributors who degrade the image of DV8 Offroad and its products. DV8 Offroad will not provide prior notice or issue warnings before taking any action under this policy. 
9. The terms of this MAP policy are proprietary and should not be disclosed to other parties. The MAP policy is also designed to ensure dealers and distributors have the incentive to invest resources into services for DV8 Offroad customers.