FLY Racing

Established in 1998,  FLY Racing is one of the fastest growing off road motorcycle riding apparel and hard part brands in the powersports industry. FLY Racing develops quality products for the competitive North American market and is distributed worldwide in 40+ countries. In the United States, FLY Racing products are distributed exclusively by Western Power Sports (WPS).

 

 

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Minimum Advertised Price Policy

Update Effective January 1, 2023

In order to facilitate the proper representation of all FLY Racing® products we are supplying our valued dealers with the following
Minimum Advertised Price (MAP) Policy. This policy is in place with respect to the advertising of FLY Racing® trademarks, names,
brands, logos, marks or copyrighted materials in catalogs and publications of any kind including, but not limited to print,
electronic, video or audio products. Our Policy in no way implies any attempt to control the dealer’s selling price of the
aforementioned products. It is simply a policy of dealer retail advertising meant to protect the image, goodwill and market value
of our brands and trademarks.

1. All FLY Racing® branded and trademarked products are covered by this policy. FLY Racing® casual items are exempt from this
policy with the exception of line 6 regarding approved selling platforms.

2. FLY Racing® unilaterally and in its sole and absolute discretion shall monitor, regulate and enforce these guidelines without
notice. Any questions or concerns about adherence to these guidelines should be submitted in writing to FLY Racing® at the
contact information listed above.

A. These guidelines apply to all FLY Racing® products and are in addition to any guidelines or policies previously issued by
FLY Racing®. These guidelines shall prevail in the case of any conflict with any previously issued guidelines or policies.

B.  No FLY Racing® sales representative or other personnel have any authority to modify or grant exception to this policy.

3. Brands, marks, trademarks, names and logos affected by this policy shall not be advertised in any retail media print, video,
electronic or otherwise, at prices below the Manufacturer’s Suggested Retail Price (MSRP).

4. Co-branded products must follow the FLY Racing® MSRP Policy.

5. The price policy is in effect only as it relates to current FLY Racing® products. Products we promote as “closeout” or otherwise
specifically excluded are not affected by this price policy. Only “closeout” products are released from MAP protection in regards
to advertised price.

6. 3rd party internet sites are NOT allowed for the sale and/or advertisement of FLY Racing® products, with the exception of:

A. Ebay—Sales and advertising on eBay are permitted but minimum stated bids on listings are required and must
comply with the MSRP advertising policy.

B. Retailing FLY Racing® products through the 3rd party site Amazon.com are only allowed after meeting the
requirements of the FLY Racing® Amazon Reseller Program and receiving written approval from FLY Racing®. See program
for more details.

7. Any and all online seller names, aliases and DBAs must be on file with your Western Power Sports and FLY Racing® accounts.

8. Advertising the covered products in a way that offers or implied a price below or discount greater than MSRP is a violation of
the advertising policy.

9. Every listing for any FLY Racing® item must feature the SKU for that item as that SKU appears on wpsorders.com. Any changes or
modifications to the SKU resulting in the SKU being unidentifiable by our searching software, whether intentional or not, will be
considered an attempt to avoid detection and will constitute the basis for a first MAP violation whether or not the advertised price
is MAP compliant.

10. When an item is returned it is considered either USED or OPEN BOX. OPEN BOX may also refer to damaged packaging from
WPS. For any listings advertising USED/OPEN BOX items for sale the seller must feature USED, OPEN BOX, USED/OPEN BOX or
language similar to that in the title of the listing. Failure to prominently feature such language will result in a violation.

11. Sub-distribution of FLY Racing® products to Amazon, Dealers, or any other 3rd party reseller, is strictly prohibited without
written consent from FLY Racing®. See Sub-Distribution policy for additional information.

Verified violations of the above Minimum Advertised Price policy will be addressed in the following manner.

First Violation: Dealer will receive a written warning notification. Internet advertising will be given 24 hours to make the proper
corrective changes. If the violation is not corrected within 24 hours, this becomes a second violation.

Second Violation: Dealer will lose the right to purchase FLY Racing® products from Western Power Sports and lose the right to use
trademarked brand names, logos, and images in any advertising regarding all FLY Racing® products for a period of 48 hours.

Third Violation: Dealer will lose the right to purchase FLY Racing® products from Western Power Sports and lose the right to use
trademarked brand names, logos, and images in any advertising regarding all FLY Racing® products for a period of 7 days.

Fourth Violation: Dealer will lose the right to purchase FLY Racing® products from Western Power Sports and lose the right to use
trademarked brand names, logos, and images in any advertising regarding all FLY Racing® products for a period of 30 days.

Fifth Violation: Dealer will lose the right to purchase FLY Racing® products from Western Power Sports and lose the right to use
trademarked brand names, logos, and images in any advertising regarding all FLY Racing® products for a period of time to be
determined by FLY Racing®.

Purchases of FLY Racing® products are restricted from the time of the violation notification. Period of suspension will begin once
the violation is corrected. If a suspended dealer violates the FLY Racing® MAP Policy, the suspension period will restart at the time
of the violation correction.

Violations will be assessed on a rolling 30-day basis.

FLY Racing® reserves the right to amend this policy at any time.

Contact mapadministrator@wps-inc.com with any questions.

Sincerely,
FLY Racing®

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