GENERAL CONDITIONS OF THE LOYALTY PROGRAM OF HARLEY-DAVIDSON MONTRÉAL

THE PROGRAM

Harley-Davidson Montréal (hereinafter referred to as "HDM") offers a client loyalty-program (hereinafter referred to as "the program"). When you become a member of the program (the "member"), you can obtain points (the "points ") at HDM and these can be exchanged for products or services (the "rewards") offered by HDM.

PROGRAM PARTICIPATION

Membership and the participation of clients in the program are governed by the conditions stipulated in this document. The first use of your card implies that you accept these conditions and any change which may be made at occasionally, with or without prior notice, and signifies that we have your agreement to obtain personal information about you and to use this information, as stated in the conditions of this document.

PROGRAM MEMBERSHIP

Membership to the program is free of charge. To register and obtain a card, all you have to do is go to the Harley-Davidson Montréal boutique. The Client service representative will register your personal information and give you your personalized card with a unique number. You can then use your card immediately. In the case of a couple, a card can be issued for each person and these cards can be linked to one account.

The HDM card is not a credit card. It belongs to HDM and can be revoked at any time to its entire discretion. Any unauthorized use or reproduction of the card can result in the loss of accumulated points and the cancellation of membership in the program.

If you keep your mailing and email addresses up to date, on a regular basis you will receive news on the program and information on special offers. At any time, you can request that your name be removed from our mailing or email lists.

You are the only one who can register yourself as a member, on a personal and individual basis. And, you cannot accumulate or exchange points for someone else. The program is not offered to corporations, businesses enterprises or to any entity other than an individual unless HDM has authorized this, to its entire discretion, by prior written agreement. Membership to the program is only offered to persons who are 18 years old and over.

ACCUMULATION OF POINTS

To accumulate points, a member must make an eligible purchase by using the card. It must be presented to the service representative before the purchase transaction is completed. You obtain points for any purchase of products or services at Harley-Davidson Montréal, except:

- when you purchase a new or used motorcycle;
- when you purchase a Harley-Davidson ‘‘Montréal exclusive edition’’ package for motorcycle accessories;
- when you spend money in the Client Service Department for labour, sub-contracting or for repairs under warranty or paid for by an insurance company;
- when you make purchases during inventory sales.

Points credited to your account are calculated based on the net price of an eligible purchase, minus the applicable taxes. Points are credited to your account the day following your transaction.

All of the purchases you make are calculated on a cumulative basis within a 12-month period, before taxes:

• For the first purchases you make between 0 and $1499, you receive a value equal to 10% of your purchases;
• When you have accumulated $1500 in purchases or if make one purchase over $1500, you will receive a value of 15% of your purchases which applies for the next 12 months;

Once you reach the 15% value of remittance, this percentage value remains at 15% over the next 12 months.

Points that have been credited to your account for an eligible purchase will be cancelled when you make a return or exchange. You do not receive points for the portion of your purchase that has been paid with points. However, you will get points on the portion of your purchase that you paid with another method of payment. You do not get points when you purchase a gift certificate, but you get points when you use the gift certificate as a method of payment.

Members can check on the balance of their account by visiting the www.harleydavidsonmtl.com Internet site or by asking a Client service representative of HDM. The balance of your account shown in our files will be considered as accurate, unless proof can be given to the contrary by the member, to the satisfaction of HDM. You must inform a Client service representative of HDM of any discrepancy within the two months following the date of an eligible purchase.

Occasionally, HDM can add participating partners who offer opportunities for members to accumulate additional points or give other advantages to members for specific purchases related to the card or based on the fact that you are a member.

EXCHANGING POINTS

Points are converted into HDM dollars which can be cashed in to pay for any purchase at HDM: parts, clothing, accessories, a new or used motorcycle and maintenance service.

When a partial or total payment for a purchase is made with accumulated points the member must present the card. A proof of identity with a picture must be presented upon request. Points belong to the member who is the only one who can only exchange points credited to his account at the time of the exchange. Points used to make a payment are automatically deducted from the member’s account.

Points and rewards cannot be exchanged for money or credit. Points cannot be sold, exchanged or bought. If points are sold or exchanged to obtain money, a credit or any other form of remuneration, they will be voided.

Your points are valid at any time within an 18-month period following the date of your last purchase. If a member does not accumulate or exchange points for a period of 18 consecutive months, HDM reserves the right to cancel his membership and card.

TRANSFER OF POINTS

The points in a member’s account can be transferred in part or in whole to another member if: a) the transfer is made between members of the same household (who live in the same main residence); b) both members belong to the program and are in goodstanding of the membership; and c) the member who wants to transfer points submits a written authorization to this effect to the Client Service Department to carry out the transfer; this must be done to the satisfaction of HDM, and to its entire discretion HDM reserves the right to refuse a transfer of points to another member.

Once the transfer of points is authorized and processed by HDM, the member who is transferring the points relinquishes all rights on the transferred points. To the exclusion of the preceding provisions, points and rewards are non-transferable. In the case of any assumed transfer of points or rewards, HDM reserves the right to cancel the transfer, cancel the points in the account of the member and cancel his membership.

OTHER ADVANTAGES AND PRIVILEGES

In addition to the accumulation of points program, you will obtain other advantages and privileges, such as:

• Free oil change: Once you have accumulated 35,000 points, you will obtain one (1) free oil change. To take advantage of this offer, you must make an appointment with the Client Service Department; this is subject to availability. This offer must be used within twelve months of obtaining it. The redemption of this offer will not affect the redemption of your points.
• Free bike wash: Once you have accumulated 35,000 points, you can take advantage of one (1) free wash. To obtain this offer you must make an appointment with the Client Service Department; this is subject to availability. This offer must be used within twelve months of receiving it. The redemption of this offer will not affect the redemption of your points.

LOST OR STOLEN CARD

A member must inform HDM as soon as possible if his card is lost or stolen. In such a case, HDM will issue a new card and open a new account for the member. Accumulated points which have not been exchanged when this notice is received will be credited to the new account, minus the points that may have been credited or exchanged before HDM was informed of either situation regarding the card. HDM does not make any commitment or take any responsibility for points credited to a person or exchanged by this person before its Client Service Department receives notice regarding the lost or stolen card. A $10 fee is applicable for a replacement card.

CONSEQUENCES FOR AN INFRACTION BY A MEMBER

Participation in the program is a privilege. HDM can cancel a membership and cancel the accumulated points of a member without restriction if i) a member infringes upon the conditions contained herein or any other rule or regulation of the program or the law governing it; ii) the points of a member’s account were accumulated or exchanged through fraud, theft, or a false declaration or any other illegal method, or in a fashion contrary to the conditions contained herein; for example, in the case of a member who makes purchases on behalf of other members or individuals. These rights are separate from any other legal or equitable recourse which HDM can take advantage of by virtue of the law.

PROGRAM CANCELLATION, INTERRUPTION AND MODIFICATION

To its entire discretion, HDM reserves the right to interrupt or modify the program or the conditions contained in this document or cancel such in part or in whole, through a 60-days notice to the members to allow them to exchange their points. This notice can be posted in HDM establishment or on the www.harleydavidsonmtl.com  site. Without obligation on its part, HDM can give notice regarding any other modification of the program.

RESPONSIBILITY RESTRICTIONS

HDM, its affiliates, subsidiaries and all of its administrators, directors, agents, employees and their respective entrepreneurs have no responsibility whatsoever towards members without restriction as regards: i) all aspects of our management of the program, including omitting to credit points to the account of a member, a delay in doing so or the cancellation of points already credited to a member’s account; ii) the constant availability of the program, any opportunity to accumulate points or any product or service offered as a reward; iii) the unauthorized use of a member’s card; iv) the purchase, exchange or use of any good or service offered as a reward by a partner or supplier; v) any offer, representation, wording or claim made by a partner or supplier as regards the program, its participation in the program or their respective goods and services; vi) the interruption , cancellation or modification of the program or its conditions, and any other consequences related to this interruption, cancellation or modification for the members, including the loss of points accumulated in their accounts.

Whatever the case, the total maximum responsibility of a partner named above for any claim regarding the program or the conditions mentioned herein, including claims for the cancellation of a contract or negligence, is limited to the return of the exchanged points in question or, as the case may be, to $0.0001 for each point in the member’s account when the responsibility took effect.

GENERAL INFORMATION

The conditions contained herein, which can occasionally be modified by HDM, constitute the integral agreement between HDM and the members as regards their participation in the program. Every possible effort was made to ensure that the information is precise; however, HDM is not responsible for errors or omissions. With the exception of what is contained specifically in the conditions contained in this document, HDM does not make recommendations, does not make provisions for conditions and does not give guarantees, whether implicit or explicit, statutory or not.

HDM has the last word as regards the interpretation of the conditions of the program. Any dispute regarding the conditions or the program must first be settled by HDM. Any dispute which cannot be settled must be submitted for arbitration in accordance with the provisions of the Canadian Arbitration Association and the laws of Québec in effect. The arbitration must occur before an arbitrator chosen by HDM, to its entire discretion. The arbitrator’s decision, which can mean the payment of fees for settling the dispute, is final and legally binds all parties involved in the arbitration process.

The conditions contained in this document are interpreted and governed by the laws of Québec (without considering their provisions regarding conflict in laws) and by the applicable laws of Canada.

If a provision of the conditions contained in this document, in whole or in part, proves to be invalid or not binding this provision does not affect the validity or application of the other conditions.

PROTECTION OF PERSONAL INFORMATION ON MEMBERS

HDM is committed to protect personal information about its members. It uses this information to: i) manage the program; ii) process the exchange of points for purchases; iii) keep a record of members accounts; iv) communicate information to members on the balance of their accounts; v) communicate with the members regarding other aspects of management of the program; vi) analyse the purchasing and points exchange habits of members in order to take account of their preferences.

HDM can also use personal information on members to inform them about opportunities to accumulate additional points, special offers and information on products and services that they can buy from HDM or partners that could be added to the program. It is possible that we give the coordinates of members to our partners so that they can transmit these offers and information directly to you. We do not divulge information on your specific transactions with a partner to other partners of the program, nor do we divulge your personal information to third parties other than our participating partners so that they can contact for business reasons. Members who do not want to receive communications from HDM or our partners can inform us of this through the Client Service Department.

We insist that our partners and our service suppliers deal with your personal information on our behalf in accordance with applicable federal and provincial legislation as regards the protection of personal information and with our security standards, so as to protect your personal information when they have access to it.

Personal information about members is processed and stored in a secured confidential data base at our head office and at our technological supplier for the program. Access to the data base is restricted to authorized employees who must have access to it to help us process personal information needed to manage the program.