Rhino-Rack

At Rhino-Rack, we believe there’s an adventurer in all of us. It’s what drives us to create world-ready outdoor gear, born and proven in Australia. The type of adventure is less important than getting out in the first place. A quick morning surf is as valuable as a big day in the mountains. Every time we load up the car and hit the road, it’s a victory. As someone smart once figured out, a job expands to fill the time you give it. So you have to make space for adventure.

 

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Rhino-Rack USA, LLC

Minimum Advertised Price (MAP) Policy

Rhino-Rack USA, LLC (“Rhino-Rack”) has unilaterally established a policy regarding the Minimum
Advertised Price (“MAP”) of Rhino-Rack products which are sold or distributed in the United States
(“Products”). Rhino-Rack has invested significant resources in product development, innovation, and
marketing to build and maintain its reputation for premium quality and to generate goodwill in all
Rhino-Rack brands. Rhino-Rack believes updating our MAP policy is necessary to maintain our
reputation for quality products, preserve our brand image, and ensure distributors and retailers provide
effective marketing, after-sales support, and technical support for our Products. This MAP policy is
effective as of January 1st, 2022 and supersedes all prior Rhino-Rack MAP policies regarding Rhino-Rack
Products.

Scope

This MAP policy applies to all dealers, distributors and retailers that advertise Rhino-Rack Products to
end-user consumers (collectively, “Retailers”). “Advertising” under this policy means a public
announcement promoting a Rhino-Rack Product in any form including, without limitation, flyers,
posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, internet or
similar electronic media, mobile apps, social media, websites (including without limitation Retailers’
websites and websites of Retailers’ affiliates), other online platforms, text message, television, fax,
radio, and public signage. For purposes of this MAP policy, “Advertising” does not include in-store
advertising that is displayed only in the store and is not distributed to the customer.

The minimum advertised price (“MAP Price”) refers to the net price (i.e. net of all discounts, rebates,
etc.) listed for Rhino-Rack Products within Advertising. A list of current MAP Prices are available through
Rhino Rack’s sales team and may be updated or modified from time to time by Rhino-Rack in its sole
discretion. This policy does not apply to the actual price at which Rhino-Rack Products are sold by any
retailer, distributor, dealer or any other reseller of Rhino-Rack Products. A Retailer is free to determine
its actual retail price for Rhino-Rack Products.

Policy Compliance

Under this MAP policy, a Retailer may not, itself or through its agent or representative, create, produce,
publish, post or otherwise distribute or display, or cause to be distributed or displayed, any Advertising
that lists any Product at a price below the applicable MAP Price.

• This restriction includes the listing of any rebate, discount or sales pricing, including
membership discounts, banner discounts, store-wide or department sales (e.g., Pricing
Is Too Low To Be Displayed; 20% Off; 20% Off Entire Site; Buy One Get One
Free/Discounted; Buy One Get Free Gift; Buy More Save More; Coupon Eligible) and any
other advertised sale or discount that would effectively result in the Products being
Advertised at a price below the MAP Price. Such Advertising will constitute a violation of
the MAP policy.
• This restriction includes “bundling”, i.e., the advertising of free or discounted products
(whether made by Rhino-Rack or a third party) with Products. Such Advertising will
constitute a violation of the MAP policy if it has the effect of discounting the Advertised
price of the Products below the MAP Price.
• This restriction includes the Advertised pricing listed on Internet sites. However, this
does not apply to the actual sales price reflected on the check-out or order page of an
Internet site, as such constitutes the actual sales price and is not bound by this MAP
policy.

Any attempt to reduce the net Advertised price below the applicable MAP Price for that product will be
considered a violation of the MAP policy. For the sake of example, such attempts to Advertise a net
price below the MAP Price may include but are not limited to:

• Advertising Rhino-Rack Products subject to store-wide discounts that would result in a
net Advertised price that falls below the MAP Price.
• Advertising Rhino-Rack Products in combination with non-Rhino-Rack products at a
single price that would result in a net Advertised price that falls below the MAP Price.
• Advertising multiple Rhino-Rack Products for a single price that is less than the
combined MAP Price.
• Advertising that offers gift certificates or store credit in combination with Rhino-Rack

Products at a single price where the gift certificate or in store credit results in a net
Advertised price below the MAP Price.

• Advertising Rhino-Rack Products through online auctions where the minimum bid is
below the MAP Price.
• A visible strike out, deletion or alteration of any price in any Internet Advertising is
strictly prohibited.

In-Store Pricing

This policy applies only to Advertised prices and does not apply to the price at which Rhino-Rack
Products are actually sold or offered for sale to an individual purchaser within Retailers’ retail location or
over the telephone. Each Retailer is free to independently set its resale prices at its own discretion.
This Policy is not applicable to any in-store advertising that is displayed only in the store and not
distributed to any customer(s).

Promotions

Rhino-Rack reserves the right to run national promotions of Products independently through its
warehouse distributors at its sole discretion.

Rhino-Rack encourages Retailers to utilize the national promotions to their advantage while providing a
high level of customer service to the end user. Rhino-Rack encourages retail brand awareness and valueadded promotions of our Products.

Any promotional incentives should be applied to future store-wide purchases and not designed to
discount Rhino-Rack Product below the MAP Price specified in the current MAP Price list. If promotions
do not meet the requirements of this policy, they will be in violation, subject to enforcement and
penalties.

Policy Violations

Rhino-Rack shall determine any noncompliance of this MAP policy, in its sole discretion. In the event a
Retailer chooses not to comply with this MAP policy, Rhino-Rack has the unilateral right to take any
action it deems, in its sole direction, appropriate including, but not limited to: (a) refusing to accept or
ship orders related to any non-complying Retailer for any given period of time; and/or (b) terminating
the business relationship altogether or adding a non-compliant Retailer to Rhino-Rack’s “Do Not Sell”
List; and/or (c) if the violating Retailer does not purchase direct from Rhino Rack but through a qualified
distributor, holding said distributor responsible by refusing to ship any orders and/or
withholding promotional funds if applicable.

As part of Rhino-Rack’s monitoring of this MAP policy, Rhino-Rack and its partners may, at its sole
discretion, utilize a range of human and computer technologies to monitor the Advertised pricing and
placement of Products across the Internet and elsewhere. This monitoring may include, without
limitation, visiting the website(s) of any Retailer and/or tracking compliance with the MAP policy by any
Retailer through third parties. Any attempt by a Retailer to redirect, mask, or otherwise interfere with
these monitoring efforts or any other enforcement of the MAP policy will be considered an express
violation of the MAP policy.

Exceptions

The Rhino-Rack MAP policy does not apply to the following (exceptions):

• Electronic mail sent directly in response to a customer inquiry.
• Internet “shopping cart” pages where a customer makes his or her final purchase selection.
• Advertisements that offer free services with purchase (e.g., free installation, adjustment or training),
unless the Advertisement specifies a value of those services and results in the Product being Advertised
at a price below the MAP Price.

Unilateral Nature of Policy

This MAP policy has been unilaterally developed and adopted by Rhino-Rack, in its sole discretion, and
will be unilaterally enforced by Rhino-Rack. Notwithstanding anything to the contrary in this MAP policy
or elsewhere, this MAP policy does not constitute an agreement.

The business relationship between Rhino-Rack and each of its Retailers remains an “at will” business
relationship. Rhino-Rack reserves the right to terminate such business relationships without cause and
at any time.

Rhino-Rack will not enter into any discussions with any Retailers on any conditions of acceptance related
to this MAP policy. Rhino-Rack does not seek, nor will it accept, any agreement or assent from its
Retailers respecting this MAP policy. Rhino-Rack reserves the right, at any time, to modify this policy, to
establish new or different policies or to discontinue any or all such policies.

Contact Information

Rhino-Rack sales personnel have no authority to modify or grant exceptions to the MAP policy or to
have any communications with any Retailers regarding the terms hereof or non-compliance with this
MAP policy. All questions or comments regarding this MAP policy are to be directed
to brad.bricker@RhinoRack.com.

This MAP policy has been unilaterally established by Rhino-Rack in order to preserve the reputation for
high quality and perceived value of our Products and shall remain in effect unless Rhino-Rack amends,
replaces, suspends or discontinues it. Rhino-Rack reserves the right to unilaterally modify, suspend or
discontinue the MAP policy in whole or in part and any MAP Prices at any time.

Thank you in advance for your cooperation.
Sincerely,
Rhino-Rack USA, LLC

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