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BESTOP® UNILATERAL MINIMUM ADVERTISED PRICING PROGRAM

Revision Effective January 1, 2026. Supersedes all prior versions.

Introduction

This Bestop® Unilateral Minimum Advertised Pricing Program (“UMAP Program”) is intended to promote customer choice as well as inter-brand competition by maintaining responsible advertised pricing across distribution channels, protecting the premium brand image of Bestop products and reducing unauthorized “ghost storefronts” on Internet auction sites. Our commitment to advertised price stability encourages distributors and resellers (each a “Reseller”) that are duly authorized by Bestop to meaningfully inventory Bestop products, actively promote our brand, and provide the levels of technical expertise, warranty and customer service support required to keep Bestop as the customers’ first choice for soft tops and accessories.

This UMAP Program is a program that has been unilaterally adopted by Bestop and that will be uniformly enforced.  Bestop neither solicits nor requires express or implied agreement to its UMAP Program.  It is entirely within the discretion of any Reseller whether or not to comply with and receive the benefits of this UMAP Program.  This UMAP Program is non-negotiable, and will not be altered for any Reseller.

The information below will acquaint you with our UMAP Program terms, provide examples of advertising methods contrary to our competitive goals and outline the range of unilateral action(s) Bestop may use to ensure consistent, fair advertising and sales opportunities across all channels of distribution.  A list of the Bestop products subject to this UMAP Program (“UMAP Products”), along with the net prices (i.e. product price net of all discounts, premiums, coupons or other allowances) at which the UMAP Products may be advertised (“UMAP Prices”) are listed on Bestop’s UMAP price sheet (“UMAP Price Sheet”), which is available upon request by contacting Bestop at 1-833-421-3500, brandprotection@bestop.com or dealersupport@bestop.com. Bestop may update the UMAP Price Sheet from time to time to include new products and address shifts in SKUs covered by UMAP, market conditions, and special promotions/rebates.  To ensure compliance with the UMAP Program and use of current UMAP Prices please review the UMAP Program, below, and regularly monitor the UMAP Price Sheet..

Bestop® UMAP Program

As of January 1, 2026, Bestop will only make the UMAP Products available to Resellers who advertise the UMAP Products at no less than the UMAP Price.  Bestop, in its sole discretion, reserves the right to discontinue doing business with any Reseller that advertises any UMAP Products at a price lower than the UMAP Prices.

The UMAP Program is intended to encourage inter-brand competition and customer choice by focusing on stabilized advertised prices. Authorized Bestop independent Reseller remain free to negotiate the ultimate transaction/sales price (as opposed to advertised price) they see fit for their market.

The UMAP Program applies to all storefronts and to all forms of advertisements, in any and all media, including without limitation: letters, posters, magazines and other periodicals, the Internet, enthusiasts’ special forums or similar, digital media, social media, podcasts, solicitations, websites, online auction sites such as Amazon, eBay and Walmart, host sites (including but not limited to those hosted by private proxy servers), and other online storefronts, print advertising, and public signage. The UMAP Program does not apply to point of purchase, in-store advertising, or direct sales interactions whether in-person or via email or phone.

Advertising Guidance

Examples of actions which are violations of this UMAP® Program:

Bestop considers the following examples contrary to the competitive goals of our UMAP Program, the premium image of our brand and Bestops desire to limit distribution to qualified Bestop Resellers:

• Bundling for Lower Than UMAP Price Sheet. Bundling or combining UMAP Products with any other product (whether a Bestop SKU or a product from another manufacturer) for an advertised price lower than the combined price of what the two or more UMAP Products should be advertised independent of each other. Example: A bundle of a Bestop Sunrider, and a Bestop Sunscreen cannot be advertised less than the sum of the combined UMAP Price of the two Bestop SKUS included.
• SKU Modifications. Altering, phishing, omitting SKUS or SKU hyphens or other punctuation, or any other modifications to Bestop intended SKUS, product names, images, or descriptions.
• Lowest-Price Guarantees. Advertising, claiming, or suggesting “the lowest prices,” having any form of low-price guarantee, or offering to match the lowest advertised price on UMAP Products listed in the UMAP Price Sheet.
• Across-the-Board Discounts. Catalog or inventory-wide discounts (e.g. “10% off everything in catalog”), unless “Bestop products excluded” is clearly stated in direct connection with such advertisements or unless the also UMAP Products are subject to a national promotion.
• Deceptive Listing: New Products as “Used” or “Like New”. Advertising in any manner which infers a new product purchased from a qualified Bestop Reseller is, absent resale or actual use by an end user, in any condition other than new, never-been- opened, undamaged condition with original packaging intact. Note: Bestop may not provide technical support or warranty coverage for products advertised as other than new.
• Deceptive Listing: Unauthorized Resellers Offering Products with Reduced Warranties as “New”. As of the effective date of this program, Bestop’ full Limited Warranty does not apply to products purchased from unauthorized Resellers or other suppliers on Amazon, eBay, Walmart, Alibaba, Rakuten and other outlets (see Limited Warranty). Advertising such products as “New”, “Like New”, or similar without reference to reduced warranties is considered a deceptive practice and a violation of this UMAP Program.
• Resale Marketing When Listed On The Do Not Sell List. Advertising or otherwise holding reseller or storefront out to be authorized to resell or distribute Bestop products when indicated to the contrary on a Bestop Do Not Sell List.
• Storefront Concealment. Advertising or storefront image intended to conceal or mask the true identity of the Reseller (e.g. generic storefront name like “Auto Parts Store” or “Discount Bandit” without transparency as to contact information and/or Reseller refusal to provide meaningful contact information).

Examples of actions which are not violations of this UMAP® Program:

Bestop considers the following examples contrary to the competitive goals of our UMAP Program, the premium image of our brand and Bestop’s desire to limit distribution to qualified Bestop Resellers:

• Approved Bestop® Promotions. Authorized Resellers providing promotions approved by Bestop, including customer loyalty rebates, advertising promotional prices, or bundling of products covered under the UMAP Price Sheet.
• Add-to-Cart Pricing. In-cart pricing is not advertising. Authorized Resellers may display a price discount option via a clearly marked checkbox or similar mechanism; however, the advertised price must remain at or above the UMAP Price for the item until the discount is applied in the shopping cart.
• Individual Discussions. This UMAP Program does not restrict Resellers from engaging in individualized price discussions with customers through direct, non-public communications, including in-person meetings, telephone calls, texts, and private email correspondence. However, such communications must not be published, displayed, or otherwise disseminated in any form of public advertising.

Enforcement

Reseller are considered compliant with this UMAP Program only when 100% of all UMAP Products are advertised at or above the UMAP Prices.

Advertisements of UMAP Products in all forms of media are routinely monitored to ensure compliance with this UMAP Program. Resellers are expected to provide reasonable cooperation in any investigations regarding possible UMAP Program violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Bestop UMAP Program investigation is a violation of this UMAP Program.

Bestop reserves all rights to unilaterally interpret and enforce its UMAP Program.  Bestop may, but is not obligated to, provide courtesy notice of violations of this UMAP Program, and will endeavor to do so where the violation is isolated, reflects a lack of deceptive intent, the storefront or supplying wholesale Reseller is transparent about the violation, and the overall competitive goals of the UMAP Program are retained.  However, if we determine an advertisement violates this UMAP Program, Bestop may, without assuming any liability, and with or without prior notice, take such unilateral action as it deems appropriate, including:

Bestop may treat an authorized Reseller’s supplying UMAP Products to unauthorized Resellers, including any Reseller listed on a Do Not Sell List, as the authorized Reseller’s violation of this UMAP Program.

This UMAP Program will be enforced equally, unilaterally and within the scope of the below actions. All violations are subject to review. There will be no negotiations or appeals, and no exceptions to this UMAP Program. Bestop, in its sole and independent discretion, will take action, including, without limitation, the following for non-compliance with this UMAP Program:

First Violation:

Reseller will receive a written and/or email notice after a UMAP Program violation is confirmed for the first time (“First Notice”). Reseller will have 24 hours from receipt of the First Notice (“First Violation Cure Period”) to (a) remedy its violation and bring itself into compliance with this UMAP Program and (b) confirm in writing and/or email that such violation has been remedied (the activities under (a) and (b) being hereafter referred to as the “Violation Cure Actions”).

Second Violation:

If Reseller fails to take all required Violation Cure Actions prior to the expiration of the First Violation Cure Period, or upon confirmation of a second violation of this UMAP Policy, Reseller will receive a second written and/or email notice (“Second Notice”). Reseller will have 24 hours from receipt of the Second Notice (“Second Violation Cure Period”) to take all necessary Violation Cure Actions. If Reseller fails to take all required Violation Cure Actions prior to the expiration of the Second Violation Cure Period, Reseller’s account (including any affiliated accounts) will be placed on Bestop’s “Do Not Sell List” for 14-days (the “14-Day Hold”).  During the 14-Day Hold, Bestop will: (a) suspend all shipments to the non-compliant Reseller; (b) notify all other Bestop Resellers that, for a 14-day period, the non-compliant Reseller’s account (including any affiliated accounts) has been added to Bestop’s “Do Not Sell List”; and (c) not accept new orders from the non-compliant Reseller or from any other Reseller Bestop reasonably suspects intends to supply the non-compliant Reseller.

Third Violation:

Upon confirmation of a third violation of this UMAP Policy, Reseller will receive a third written and/or email notice (“Third Notice”). Reseller will have 24 hours from receipt of the Third Notice (“Third Violation Cure Period”) to take all necessary Violation Cure Actions. If Reseller fails to take all required Violation Cure Actions prior to the expiration of the Third Violation Cure Period, Reseller will have 24 hours from receipt of the Third Notice (“Third Violation Cure Period”) to take all necessary Violation Cure Actions. If Reseller fails to take all required Violation Cure Actions prior to the expiration of the Third Violation Cure Period, Reseller’s account (including any affiliated accounts) will be placed on Bestop’s “Do Not Sell List” for 30-days (the “30-Day Hold”).  During the 30-Day Hold, Bestop will: (a) suspend all shipments to the non-compliant Reseller; (b) notify all other Bestop Resellers that, for a 30-day period, the non-compliant Reseller’s account (including any affiliated accounts) has been added to Bestop’s “Do Not Sell List”; and (c) not accept new orders from the non-compliant Reseller or from any other Reseller Bestop reasonably suspects intends to supply the non-compliant Reseller.

In addition, Bestop reserves the right to (i) remove (and have the non-compliant Reseller and its affiliated accounts forfeit) any Co-Op/Marketing funds and/or Performance/Volume Rebates for that calendar year; (ii) cancel current orders; (ii) reallocate UMAP Product inventories to compliant Resellers; and (iv) audit the non-compliant Reseller.

Fourth Total Violation:

Upon confirmation of a fourth violation of this UMAP Program, Reseller’s account (including any affiliated accounts) will be placed on Bestop’s “Do Not Sell List” indefinitely and Bestop will: (a) suspend all shipments to the non-compliant Reseller; (b) notify all other Bestop Resellers that the non-compliant Reseller’s account (including any affiliated accounts) has been indefinitely added to Bestop’s “Do Not Sell List”; and (c) not accept any further orders from the non-compliant Reseller or from any other Reseller Bestop reasonably suspects intends to supply the non-compliant Reseller.

In addition, Bestop reserves the right to (i) remove (and have the non-compliant Reseller and its affiliated accounts forfeit) any Co-Op/Marketing funds and/or Performance/Volume Rebates for that calendar year; (ii) cancel current orders; (ii) reallocate UMAP Product inventories to compliant Resellers; (iv) audit the non-compliant Reseller; (v) revoke all rights for the non-compliant Reseller to use Bestop trademarks (registered and common law), service marks, product images, descriptions or other copyrighted or promotional materials; (vi) terminate our business relationship with the non-compliant Reseller; and (vii) pursue all other contractual, legal, and equitable remedies available, including without limitation, obtaining permanent or temporary injunction, notification of intellectual property rights violations to Internet hosts or proxy servers, or other methods of taking down advertisements and/or Internet offerings.

Reinstatement:

If a Reseller’s account has been suspended indefinitely due to repeated violations of Bestop’s UMAP Program, the Reseller may request reinstatement by written request to Bestop after no less than six (6) months of suspension.  Reseller’s request for reinstatement shall include evidence demonstrating that: (i) no Bestop Products were present on its website while listed on the DNS list, (ii) no Bestop Products have been advertised in any manner for a period of six (6) months. Satisfaction of the foregoing requirements does not guarantee reinstatement, only consideration.  Provided that Reseller has demonstrated no Bestop Products were present on its website while listed on the DNS and no Bestop Products were advertised in any manner for six (6) months, Bestop, will, in its reasonable discretion, determine whether to remove the Reseller from the DNS list.

Through this UMAP Program and your support, Bestop will remain “A-moving” premium products, fostering greater inter-brand competition and affording authorized Resellers a pathway to higher sales, greater product availability and satisfaction.

Questions

Please direct any questions regarding the UMAP Program or current UMAP Price Sheet to Bestop UMAP Program coordinators at brandprotection@bestop.com.