Minimum Advertised Price Policy

Introduction 

As the leader in performance bicycle and motorcycle products, CushCore, Inc., an Oregon limited liability company (“CushCore”), takes pride in delivering an exceptional product and consumer experience. To that end, CushCore recognizes the importance of the investment in knowledgeable staff, product presentation and customer service that our dealers, distributors, and retailers (collectively, “Resellers”) provide. In order to protect the investment of our Resellers, and to maintain the integrity of our brand and reputation for quality products, CushCore has adopted the following Minimum Advertised Price (“MAP”) Policy.

• This MAP Policy applies only to advertised retail prices for CushCore products.
• This MAP Policy does not apply to actual resale prices that Resellers may choose to charge.  CushCore makes no effort to restrict, coerce, or reach agreement with any Reseller to charge a particular price for any CushCore product. Resellers remain free to sell CushCore products at any price they choose under these circumstances.
• This MAP Policy applies to all Resellers who sell CushCore products to consumers through, but
  not limited to, traditional retail stores, catalogs, and e-commerce businesses. The MAP price for CushCore products is equal to the Manufacturer’s Suggested Retail Price (“MSRP”), as listed on the current CushCore price list.

The MAP Policy
CushCore, in its unilateral discretion, may choose not do business with any Reseller as to the products covered by this MAP Policy if that Reseller advertises below the MAP price.
Guidelines
1. Under this MAP Policy, “advertising” includes, without limitation, the following:

• Printed advertisements published in newspapers, magazines, inserts, catalogs or flyers
• Outdoor signs and billboards
• Broadcast advertisements via radio, television, or mobile applications
• E-commerce advertising, including email promotions, paid search results and ad words, and
  promotions released to or published on third party websites and mobile applications
• Content promoting CushCore products on any page of a store website
• Pop-up windows soliciting consumers to “click to see the price”

2. Advertisements that violate this MAP Policy includes, without limitation, the following:

• Any advertisement (as defined above) that promotes CushCore products below the MAP price
• Advertised discounts that add up to the MAP price when shipping costs are included (This does not include separate “free shipping” offers as defined below.)
• “Buy one/ get one” promotions and similar promotions that include CushCore products

3. This MAP Policy does not prohibit, and does not classify any of the following as forms of advertising:

• In-store signs, banners, hang tags, displays or price tags
• Shopping cart pages on websites and mobile applications
• Price quotes provided in response to a direct consumer inquiry
• Offers for free shipping of CushCore products
• Loyalty programs associated with store-wide purchases
• Advertising CushCore products which have been designated by CushCore as discontinued or
  obsolete products on the designated CushCore website

4. E-Bay, Amazon, and E-Commerce Web Sites Policy:

• “Buy it Now” options must be listed at a price equal to MAP or greater.
• For auctions the reserve and/or opening bids must start at MAP without a “Buy it Now”
  option.
• Best Offer auctions are not allowed.
• Sales on Amazon.com are not allowed, regardless of whether fulfillment is handled by
  Amazon or by the dealer.

5. Negotiated Contracts: From time to time it may be explicitly approved by CushCore in writing to sell certain CC products at below MAP pricing. The discount amount and length of time will be
determined at the time of this approved promotion by CushCore, LLC.
6. This MAP Policy applies to all CushCore products.
7. CushCore reserves the right to modify, temporarily suspend or discontinue this MAP Policy, in whole or in part, or designate periods during which the terms of the policy change or during which the policy is not applicable. CushCore will provide notice of any such changes on the designated
CushCore website.
8. If CushCore products are bundled or sold as part of a package that includes other products, it shall be a violation of this MAP Policy to sell or advertise the bundle at a price less than the combined MAP prices for each MAP product, or at a price that has the effect of violating the letter or spirit of this MAP Policy.
Enforcement
CushCore does not intend to do business with Resellers who compromise the integrity of the CushCore brand and its products. In the event a Reseller chooses not to follow this MAP Policy, CushCore, in its sole discretion, may choose not to business with that Reseller. CushCore will not accept any communication from a Reseller who has violated this MAP policy regarding the violation or willingness of the Reseller to bring its prices into compliance with this MAP Policy.  CushCore shall be solely responsible for determining whether a violation of this MAP Policy has occurred, communicating decisions to Resellers regarding this MAP Policy and receiving any communication regarding violations under this MAP Policy.  CUSHCORE SALES PERSONNEL AND INDEPENDENT SALES REPRESENTATIVES HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO
THIS MAP POLICY OR HAVE ANY COMMUNICATIONS WITH ANY RESELLER REGARDING VIOLATIONS OF THIS MAP POLICY.

Please direct any additional questions regarding this MAP Policy to: info@cushcore.com