Minimum Advertised Price Policy

1. INTRODUCTION

XG Cargo is transforming the way consumers uniquely customize storage options in the interior spaces of their Jeep Wrangler. We do this by enabling people the freedom to carry imperative gear, create custom spaces, and immerse themselves in their favorite activities without risking leaving behind essential necessities required for their safety and quality of lifestyle. Our customers include some of the world’s most active and passionate people. The quality and volume of their shared XG Cargo content, coupled with their enthusiasm for our brand, virally drives awareness and demand for our products.

What began as an idea to help adventure spirited Jeep Wrangler owners re-claim space, and store and organize their lifestyle tools has become a widely adopted solution for people to themselves save space and carry more in their everyday lifestyle. From extreme to mainstream, professional to consumer, XG Cargo has enabled the Jeep world to capture more space and store more than ever before. And in doing so, the world, in turn, is helping XG Cargo become one of the most exciting storage and adventure lines the Jeep community has ever seen.

We recognize that our success is tied to the success of our network of select authorized dealers. We also know that many of our dealers invest significant time and resources to deliver an extraordinary customer experience. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our dealer’s service and support efforts. As a result, XG Cargo has unilaterally established this Minimum Advertised Price (“MAP”) Policy.

2. POLICY STATEMENT

XG Cargo, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower that the MAP.

3. GENERAL GUIDELINES

1. The products covered by this policy are listed in Section 5, (“MAP Products”). XG Cargo may in its sole discretion modify this list from time to time.

2. XG Cargo recognizes that dealers are free to make their own decisions to advertise and sell any XG Cargo product at any price they choose, without consulting or advising XG Cargo. Similarly, XG Cargo will exercise its right to make its own decisions regarding the XG Cargo Authorized Reseller Program (“GARP”), supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.

US MINIMUM ADVERTISED PRICE POLICY

3. The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or over the telephone.

4. XG Cargo believes in maintaining a well regulated and fair marketplace for all its authorized resellers. Please see the Map FAQ’s for more information on the MAP policy and enforcement.

4. ADVERTISING GUIDELINES

1. The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as internet sites, social media sites, apps, or any other electronic media.

2. The MAP Policy does not apply to solely on-premise or in-store advertising that is not distributed to customers.

3. Website features such as “click for price,” automated “bounce-back” pricing e-mails, pre- formatted e-mail responses, forms, automatic price display for any items prior to being placed in a customer’s shopping cart and other similar features are considered to be communications initiated by the dealer (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.

4. It shall not be a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price,” or to use similar language, specifically with respect to XG Cargo Products, so long as no price is listed.

5. This MAP Policy also applies to any activity which XG Cargo determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for “group purchases” and the like.

6. It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.

7. From time to time, XG Cargo may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, XG Cargo reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.

8. From time to time, GoPro may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer’s rebate, provided that:

i. the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style;

ii. an asterisk is placed next to the net price after manufacturer’s rebate; and

iii. “after manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.

5. BUNDLING GUIDELINES

1. “Bundling” or advertising XG Cargo products for sale together with other products will violate this MAP Policy when:

i. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP; or

ii. the product(s) bundled with MAP Products violate XG Cargo’s Intellectual Property rights; or

iii. the product(s) bundled with MAP Products violate the XG Cargo Trademark & Brand Policy (XG Cargo.com/pages/trademarks); or

iv. the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s); or

v. the effective or stated discount is greater than 15% of the highest priced item in the bundle.

2. Product(s) bundled with the MAP Products must not, without conspicuous warning, be:

i. technically incompatible; or

ii. storage products, create or encourage additional risk of damage, bodily injury, or death to the customer if used together.

3. Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy when:

i. the effective or stated price of the bundle represents an immediate discount of greater than 15% of the MAP; or

ii. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP after taking into consideration any contingent future purchase.

4. Rebate programs from XG Cargo, whether on MAP Products or XG Cargo’s partners’ products, are exempt from this policy.

6. POLICY ENFORCEMENT

1. If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then XG Cargo will consider this to be a violation by the dealer.

2. XG Cargo reserves the right to cancel any pending orders, restrict future orders, or suspend dealers’ account if XG Cargo reasonably believes:

i. a dealer has violated the provisions of this policy; or

ii. a dealer intends to violate this policy.

3. XG Cargo’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions.

4. Waivers to this MAP Policy may be granted in XG Cargo’s sole discretion by the MAP Policy Administrator in writing. XG Cargo Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.

5. XG Cargo monitors the advertised prices of dealers, either directly or via the use of third- party agencies or tools. Dealers are expected to provide reasonable cooperation in any XG Cargo investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a XG Cargo MAP Policy investigation is a violation of this MAP Policy.

6. The MAP Policy will be enforced by XG Cargo in its sole discretion and without notice. Dealers, distributors, and resellers have no right to enforce the MAP Policy. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. All questions related to this MAP Policy should be directed in email to: po@xgcargo.com

7. LIST OF MAP PRODUCTS
For a list of current MAP prices, please 

See below.