Minimum Advertised Price (MAP) Policy
Effective: August 1st, 2022

This Minimum Advertised Price Policy supersedes and replaces any prior policies or directives which
were in effect as of the effective date with respect to minimum advertised pricing for GASGAS Products
(as hereinafter defined).

In order to promote and enhance the premium brand image of GASGAS Products, KTM North
America, Inc. doing business as GASGAS North America (“GASGAS”) has unilaterally
established a Minimum Advertised Price (“MAP”) Policy to discourage advertising and marketing
practices that may diminish GASGAS’s value. The MAP Policy applies to all dealers with an
effective Dealer Agreement with GASGAS (“Dealers”) who advertise GASGAS Products in the
United States and Canada. All Dealers who comply with GASGAS’s MAP Policy shall be
eligible to receive promotional allowances, including, but not limited to, Motorcycle free floor
plan financing. GASGAS reserves the right to modify, suspend, or discontinue this Policy at any
time and without notice to GASGAS Dealers.

GASGAS Products and Time Period: All GASGAS Products are covered within this MAP
Policy. GASGAS reserves the right to add to or remove any GASGAS Product(s) from time to
time, in its sole discretion. The GASGAS Products covered in this MAP Policy include all new
and unused current model year vehicles. All prior model year GASGAS vehicles are exempt
from the MAP Policy upon GASGAS’s release of like new model year pricing and product
information in North American market. Only GASGAS Related Products: OEM Replacement
Parts, Garments, Accessories (“PG&A”) listed in GASGAS’s current model year catalogs are
covered in this MAP Policy.

Advertising: This MAP Policy shall apply to Dealer advertising in media of any kind, including
but not limited to: print, television, cable, radio, faxes, billboards, circulars, fliers, catalogs,
letters, electronic media, internet websites (including the Dealer’s website), auction websites
(i.e. eBay), third-party fulfillment websites, social media, e-mail, text-messaging, information
available from buying services, etc.

The terms “advertisement,” “advertise” and “advertising” (and all related forms) shall have the
broadest possible interpretation, and include, but are not limited to, any and all types of
advertisements, announcements, information, and publications; whether generated, developed,
produced, distributed, broadcast or disseminated by or on behalf of the Dealer in any medium
whatsoever, and whether or not paid for by the Dealer, in connection with the promotion of,
offering for sale of, or containing information about, any GASGAS Product.

Minimum Advertised Price: The Minimum Advertised Price is defined as the Manufacturer’s
Suggested Retail Price (MSRP), as set by GASGAS from time to time for any covered GASGAS
Product, in its sole discretion. GASGAS reserves the right to distinguish the Minimum
Advertised Price from the MSRP for any GASGAS Product at any time and from time to time,
without prior notice.

Policy Requirements: No GASGAS Dealer may use the name “GASGAS” or any of the
GASGAS logos in connection with any advertisement, which discloses or implies the sales or
acquisition price of any GASGAS Product covered by the MAP Policy, unless the Dealer states
in such advertisement the Minimum Advertised Price for such GASGAS Product, as set forth in
the MAP Policy, and no other stated or implied price. A GASGAS Dealer may not offer any
services or goods in connection with the sale of a GASGAS Product that has the effect of
reducing the advertised price on a GASGAS Product covered by the MAP Policy below the
Minimum Advertised Price for such GASGAS Product, except as set forth herein.

MAP Policy Violations:

• Any advertising that offers or implies a price lower (including monthly payments) than the
applicable MAP or that has the effect of reducing the advertised price below the
applicable MAP;

• Any statements or phrases that are misleading or arbitrary;

• Any advertisement of a new and unused current model year GASGAS Product(s) at a
price less than the applicable MAP; and

• Any advertisement that include discounts, rebates, coupons, or offers with similar price
reductions that serve to reduce the advertised price below the applicable MAP, whether
this reduction is stated in terms of a specific dollar amount or more generally as a
reduction from the Policy, e.g. “10% off List Price”, “price slashed” or “blowout prices”.

GASGAS OEM Replacement Parts exception: GASGAS authorized dealers shall not
advertise GASGAS OEM Replacement Parts at a price that is discounted by an amount that is
greater than 15% off the MSRP.

MAP Policy Limitations: The MAP Policy does not apply to the following:

• The ultimate price at which a Dealer chooses to retail sell a GASGAS Product.

• Sales of used and previously warranty registered GASGAS Products.

• In-store advertising and displays in a Dealer’s Authorized Retail Location.• Advertising and displays on the exterior of a Dealer’s Authorized Retail Location.

• E-mails or text-messages exchanged with a specific identified individual customer who
has previously inquired about the price of a specific GASGAS Product.

• Statements in Dealer advertisements that encourage a specific customer to “call for a
price” or “click for a price via return e-mail.”

• Retail promotions established or approved by GASGAS in advance and in writing
regarding consumer incentives or rebates.

• Advertising without any reference or implication as to price of the GASGAS Product
covered by the MAP Policy.

Value Added Incentives: Dealers are permitted to offer “value-added” incentives in
advertisements for GASGAS Products that increase the value and experience to the customer,
as long as no mention of the monetary value is indicated for these value-added offers.

Value-added offers that qualify are as follows:

• Free shipping of GASGAS Related Products (PG&A).

• Free installation of GASGAS Related Products (PG&A).

• Dealer specific loyalty or rewards program.

Enforcement / Non-Compliance: Although Dealers remain free to establish their own retail
prices, GASGAS will, without assuming any liability, monitor Dealers’ compliance with the MAP
Policy in accordance with methods and terms as GASGAS may devise from time to time, and
will address issues of non-compliance directly with the subject Dealer as follows:

• 1st violation – written notice of MAP Policy violation. 1st violation may be expunged
within 48 hours and not count toward subsequent violations.

• 2nd violation (or failure to correct prior violations within 10 business days of written
notice) – written notice of MAP Policy violation and loss of future promotional
allowances, including, but not limited to, Motorcycle free floor plan financing for a period
of 6 months.

• 3rd violation (or failure to correct prior violations within 10 business days of second
written notice) – written notice of MAP Policy violation and loss of future promotional

• allowances, including, but not limited to, M/C free floor plan financing for a period of 12
months.

• Subsequent violations (or failure to correct prior violations within 10 business days of
third written notice) – written notice of MAP Policy violation and permanent loss of future
promotional allowances, including, but not limited to, Motorcycle free floor plan financing.

• Scheme to Violate – Dealers found to have violated the MAP policy for short periods of
time in an effort to circumvent enforcement/non-compliance may be assessed multiple
violations.

Dealers have the opportunity to have past violations of this MAP Policy disregarded for
purposes of computing the applicable penalty. In order to do so, a Dealer must remain in
compliance with the terms of this MAP Policy for 24 consecutive months, starting on the day
immediately following the date of the Dealer’s last written notice of violation (e.g. if a written
violation is dated 1/31/2022, Dealer will have previous violations of this Policy disregarded for
purposes of computing the applicable penalty for any future violations as of 2/1/2024 if no
additional violations occurred during that timeframe; if another violation occurs during this
period, the 24 consecutive month period will start over).

Unilateral Policy: This MAP Policy has been adopted unilaterally by GASGAS and does not
represent a contract or an offer of a contract or agreement. GASGAS will not discuss any
conditions of acceptance related to this Policy, as it is non-negotiable and will not be altered for
any Dealer. In addition, GASGAS neither solicits, nor will it accept, any assurance of
compliance with this Policy. Nothing in the Policy shall constitute an agreement between
GASGAS and any Dealer on any subject including that the Dealer will comply with this Policy, or
will sell any product at or above any particular price. The Policy simply describes a condition
under which GASGAS, in its sole discretion, chooses to provide promotional allowances.

All GASGAS personnel and sales representatives have been specifically instructed not to
discuss the Policy beyond the content of this statement with anyone outside of GASGAS, with
the exception of notifying a Dealer that it has violated the Policy. Please do not attempt to
communicate complaints or advice to GASGAS personnel or sales representatives about the
Policy. GASGAS will unilaterally determine whether GASGAS Products are being advertised at
prices other than in compliance with the GASGAS MAP Policy.

GASGAS sales personnel are not authorized to modify or grant exceptions to this Policy.

If you so choose, you may report information about non-compliance with the MAP Policy or the
MRP Policy to Policy by visiting “ktm.channelsync.com” and following the prompts given after
clicking the red “Report a MAP Violation” button. However, please be advised that no GASGAS
personnel or sales representative will contact you to acknowledge, respond or follow-up on what
you report, nor will they discuss the enforcement of the MAP Policy or pricing practices of other
Dealers with you.