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Always Better®

UNITED STATES OF AMERICA MINIMUM ADVERTISED PRICE POLICY

Effective Date: January 1, 2022

1. Purpose
There are certain advertising practices that undermine the reputation, brand, goodwill, and premium image of Blue Force Gear, Inc. (“Blue Force Gear”) products with our target consumer retail population and discourage our dealers from investing in our products and providing the best possible service and support to customers. To protect the integrity of our brand, and in the interest of promoting the Blue Force Gear product lines, we are implementing this unilateral United States of America Minimum Advertised Price Policy (“Policy”), which applies to all authorized dealers (“Dealers”) of our products selling to end user consumers in the United States. This Policy is effective January 1, 2022 and supersedes all of our prior policies or representations regarding minimum advertised prices or minimum resale prices for the Covered Products (as defined below) applicable to Dealers.

2. Covered Products
This Policy applies to advertisements of the products listed on the Blue Force Gear MAP Schedule (“Covered Products”), the current version of which is attached and available at here. The MAP Schedule will be made available to all Dealers and may be changed by us at any time in our discretion. Dealers are responsible for reviewing the current MAP Schedule, but we will work to promptly notify Dealers when any updates are made.

3. The Minimum Advertised Price
The “minimum advertised price” (“MAP”) is the lowest price at which the Covered Product may be advertised. The MAP is the Manufacturer’s Suggested Retail Price (MSRP) for each Covered Product. Blue Force Gear is solely responsible for (1) establishing the MAP for each Covered Product and (2) communicating the Policy to all Dealers (including via directing any distributors to pass down the Policy to their dealer customers). While Dealers remain free to advertise and sell all of our products (including the Covered Products) at any price, it is a violation of this Policy for a Dealer to advertise any Covered Product at a price lower than the MAP.

4. Advertising and Advertisements
For purposes of this Policy, the terms “advertising” and “advertisement” include all promotional or pricing information of Covered Products displayed in any type of media, including, but not limited to:

• newspapers
• catalogs
• magazines
• flyers
• brochures
• television
• radio ads
• billboards
• outdoor signage

• websites
• blogs
• social media
• affiliate marketing networks/comparison shopping engines
• Dealer-initiated text messages or emails to customers or prospective customers

• mobile/smart phone applications
• banner ads
• online product ads
• paid search ads
• pay-per-click ads
• display ads
• mobile ads
• product listing ads
• sponsored links

• ads in any other media in a digital format that is conveyed via the Internet
• any other marketing or promotional materials, whether displayed online, through broadcast, or other media

The terms “advertise” and “advertisement” do not include:

• Signage displayed within a brick-and-mortar selling location; and
• Pricing information displayed at the Final Online Checkout Stage (which is the stage of a transaction when the Covered Product is put into a shopping cart that contains the customer’s name, shipping address, email address, and payment information). Please note that pricing information in the “shopping cart” or the Final Online Checkout Stage must be obscured technically so that it is not retrievable by shopping and pricing engines and not displayed on search page results within the Dealer’s own website.

5. Policy Violations and Permissible Promotions
Advertisements that violate this Policy include, but are not limited to:

(a) Offering coupons, discounts, rebates, or other inducements that, when applied, result in an advertised price lower than the MAP, including through use of a storewide sale, category-wide sale, website-wide sale, promotional code, or other similar provision that can be applied to the Covered Products;

(b) Bundling Covered Products with other products or services (whether made by or provided by Blue Force Gear or another entity) in a manner that implies below-MAP pricing for the bundled Covered Product(s);

(c) Strikeouts or strikethroughs of advertised pricing information, “see price in cart,” or other statements that suggest a lower price for a Covered Product may be found at the Final Online Checkout Stage;

(d) Permitting any third-party to alter the advertised price for any Covered Product; and

(e) Direct or indirect attempts to circumvent this Policy.

It is not a violation to advertise the following, notwithstanding the prior prohibitions in Section 5:

(f) Customer-Initiated Solicitations for Price: That a customer may “call for price,” “text for price,” or “email for price,” as long as no price is listed and no automated call, text message, or “bounce-back” email is used in response.

(g) Free/Reduced Price Shipping: A free or reduced-price shipping advertisement as long as such offer applies to all or almost all other products offered by the Dealer in the same product category.

(h) Loyalty Points: The accrual and application of “points” or other things of value (“Loyalty Points”) in connection with the purchase of a Covered Product, provided that (1) Loyalty Points may be accrued and applied to all or almost all of the products offered by a Dealer; and (2) the rate of accruing Loyalty Points for Covered Products is no more than the rate applicable to all or almost all other brands of products offered by the Dealer.

(i) Quantity Discounts: Advertisements of discounts triggered by reaching certain quantity levels of products (including at least one Covered Product) for a single proposed purchase, provided such multi-item discount, when pro-rated among the products included in the purchase, does not result in an advertised price for the Covered Product(s) more than ten percent (10%) below the Covered Product’s MAP.

6. This Policy Is Not an Agreement and Is Non-Negotiable
This Policy is not an agreement between Blue Force Gear and any other entity. Blue Force Gear does not seek and will not accept any promise of compliance with this Policy from any Dealer or other party, and each Dealer must independently choose whether to comply with this Policy. This Policy is not negotiable and will not be altered for any individual Dealer.

7. MAP Holidays
Blue Force Gear may announce MAP holidays or promotions that are applicable to all Dealers, during which periods a Dealer that advertises a Covered Product in compliance with the terms of the MAP holiday will not be considered to have violated this Policy.

8. Noncompliance
Blue Force Gear will take the following actions against any Dealer that does not comply with this Policy:

First Violation: Blue Force Gear will notify the Dealer in writing of such failure.

Second Violation: Blue Force Gear will notify the Dealer in writing of such failure and will immediately place the Dealer’s’ account on a shipping hold/Do Not Sell List for thirty (30) days. Blue Force Gear will revoke acceptance of any pending orders, cancel any pending shipments to the Dealer, and not accept any new orders from the Dealer during this 30-day period.

Third Violation:Blue Force Gear will terminate its business relationship with the Dealer, effectuate a revocation of the Dealer’s “authorized” status, and place the Dealer on the Do Not Sell List (if applicable). Blue Force Gear will revoke acceptance of any pending orders, cancel any pending shipments to the Dealer, and not accept any new orders from the Dealer.

Blue Force Gear will enforce this Policy in its sole discretion and without notice. Dealers have no right to enforce this Policy.

9. Policy Administration
Blue Force Gear may update, revise, suspend, or otherwise modify this Policy at any time in its discretion, and any modifications will be made available to all Dealers.

Please note that Blue Force Gear employees or agents cannot modify, interpret, or grant any exceptions to this Policy; cannot solicit or obtain the agreement of any person or entity to comply with this Policy; and cannot otherwise discuss any aspect of this Policy with any Dealer, including that Dealer’s or any Dealer’s compliance with the terms. Any action taken or determination made by Blue Force Gear pursuant to this Policy shall be in Blue Force Gear’s sole discretion and shall be final and binding on upon Dealer and without liability to Blue Force Gear.

All questions about this Policy must be made in writing and directed via U.S. Mail to MAP Policy Administrator, Blue Force Gear, 166 Pine Barren Road, Pooler, Georgia 31322 or via email to MAPadministrator@blueforcegear.com, who will respond only in writing. Blue Force Gear will not accept any other form of communication from Dealers regarding this Policy.

The terms of this Policy are confidential. Dealer shall not disclose this Policy to any third party or make any use of this Policy other than in connection with its authorized sale of Blue Force Gear products.