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 KTM Products (as hereinafter
defined).

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

KTM Products and Time Period: All KTM Products are covered within this MAP Policy. KTM
reserves the right to add to or remove any KTM Product(s) from time to time, in its sole discretion.
The KTM Products covered in this MAP Policy include all new and unused current model year
vehicles. All prior model year KTM vehicles are exempt from the MAP Policy upon KTM’s release
of like new model year pricing and product information in North American market. Only KTM
Related Products (PowerWear, PowerParts, SpareParts) listed in KTM’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 KTM Product.

KTM SALES BULLETIN KSB-2269 USA

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

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

KTM Spare Parts exception: KTM authorized dealers shall not advertise KTM Spare 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 KTM Product.
• Sales of used and previously warranty registered KTM 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 KTM 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 KTM in advance and in writing regarding
consumer incentives or rebates.
• Advertising without any reference or implication as to price of the KTM Product covered by
the MAP Policy.

Value Added Incentives: Dealers are permitted to offer “value-added” incentives in advertisements
for KTM 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 KTM Related Products (PG&A).
• Free installation of KTM Related Products (PG&A).
• Dealer specific loyalty or rewards program.

Enforcement / Non-Compliance: Although Dealers remain free to establish their own retail prices,
KTM will, without assuming any liability, monitor Dealers’ compliance with the MAP Policy in
accordance with methods and terms as KTM 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 KTM and does not represent
a contract or an offer of a contract or agreement. KTM 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, KTM neither solicits, nor will it accept, any assurance of compliance with this Policy.
Nothing in the Policy shall constitute an agreement between KTM 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 KTM, in its sole discretion,
chooses to provide promotional allowances.

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

KTM 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 KTM
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.