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MAP Policy

Minimum Advertised Pricing Policy

High Flow Fuel Systems, Inc., a California corporation, dba Quantum Fuel Systems (“Company”), has unilaterally adopted a minimum advertised price policy (the “Policy”) for all of its products. The Company has determined that the Policy will protect the ability of Company’s dealers, distributors and other re-sellers to compete competitively in the marketplace, as well as protect the value and distinction of Company’s exceptional products and technology, and the Company’s brand and reputation. The Policy is as follows:

  1. Company has established a minimum advertised price (“MAP”) for all Company products. The MAP for all Company products shall be listed on each Company price sheet for distributors, dealers and re-sellers. MAP pricing is established by the Company for all Company products and may be adjusted by Company at its sole discretion with or without notice.

  2. It is a violation of this Policy if advertising of the product(s): (i) fails to display a price equal to or greater than the MAP for the product as specified on the current Company price list; or (ii) contains a price lower than the MAP outlined in the current Company price list. If the Company determines that a dealer, distributor or other re-seller has violated the Policy, the Company will attempt to notify the offending party (and any distributor who sells to the offending party) of the violation and provide it with a timeframe in which the advertising must be brought into compliance. If the offending party does not correct the violation within the time period established by Company, Company may cease supplying the product(s) in question to the offending party (and any distributor who sells to the offending party). Furthermore, the use of the Company’s name, trademarks, logos, images, intellectual property, endorsements, marketing materials, and other documentation and information is conditioned on compliance with this Policy.

  3. This Policy applies to all forms of dealer advertising including mailings, catalogs, displays at consumer exhibitions and shows, emails or other electronic messages to customers or potential customers (except in direct response to a customer inquiry), and any and all other forms of advertising media, including, without limitation, the Internet and any other electronic network. Any price information relating to the Company’s products on an Internet website that can be accessed directly through any hypertext link or by any other method that uses the hypertext transfer protocol (HTTP) is considered to be advertising for purposes of this Policy and must not indicate that a price lower than the MAP is available at final checkout. Electronic mail sent in direct response to a customer inquiry is not considered to be advertising.

  4. This Policy only concerns advertised prices and does not relate to actual sales prices of any item. Further, this Policy applies equally to all Company distributors, dealers, and other re-sellers. It is the responsibility of each dealer, distributor, and other re-seller to monitor the Company’s current price list for any changes and review all advertising before publication to ensure compliance with the Policy. Violations of the Policy should be reported to the Company via email.

  5. The foregoing is a statement of the Company’s unilateral policy and expresses the terms upon which the Company will deal with its customers. This Policy may be modified by the Company from time-to-time with or without notice. The company’s sales and customer service personnel do not have the authority to modify or grant exceptions to the Policy. The Company does not seek, nor will it accept, any agreement or understanding with respect to the prices that Company distributors, dealers, and re-sellers may advertise or charge at any time.

PLEASE REVIEW THIS POLICY CAREFULLY AND COMMUNICATE IT TO ALL INDIVIDUALS WITHIN YOUR ORGANIZATION, AND IF APPLICABLE, TO ANY DEALERS AND OTHER RE-SELLERS TO WHOM YOU DISTRIBUTE PRODUCTS. IT GOVERNS CERTAIN CONDITIONS OF SALE FOR FUTURE ORDERS.