Unilateral Price Policy

Effective: September 28, 2021

We recognize that our high-quality dealers invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling vendor presentation. To support our dealers and resellers’ efforts, Nice North America LLC (“NICE“) wishes to establish policies that allow resellers to earn the profits necessary to maintain the high level of customer excellence people have come to expect from authorized NICE dealers.

In order to successfully compete in the marketplace and to maintain its premium brand image, NICE has announced this Unilateral Price Policy. Hereafter, all sales from our authorized dealers and resellers (“Authorized Resellers”) to end users of products set forth in NICE’s Unilateral Price Grid inside the United States shall be subject to this Unilateral Price Policy.

NICE products covered by this policy and their coordinating minimum advertised prices (“Minimum Advertised Pricing”) are set forth in the Unilateral Price Grid found on NICE’s web site at: https://store.niceforyou.net or shall be delivered or otherwise made available by NICE to its Authorized Resellers. NICE reserves the right, from time to time in its sole discretion and without otherwise providing notice, to alter, modify, suspend or cancel this Unilateral Price Policy, the products covered, and/or the Minimum Advertised Pricing.

This policy does not restrict an Authorized Reseller’s right to establish independent advertised and/or resale prices of NICE products. NICE reserves the right to determine whether an Authorized Reseller has advertised NICE products at a net advertised price less than the Minimum Advertised Price established by this Unilateral Price Policy. Upon such determination NICE may, in its sole discretion and without assuming any liability, take all reasonable steps to protect its business, including without limitation canceling all orders and indefinitely refusing to accept new orders from that Authorized Reseller.

This policy has been unilaterally adopted by NICE. NICE neither solicits nor will it accept assurances by any Authorized Reseller of acquiescence with this policy. Nothing in this policy shall constitute an agreement between NICE and any Authorized Reseller of compliance with this policy. Each Authorized Reseller within its own discretion can choose to acquiesce or not acquiesce with this policy. NICE will not discuss conditions of acceptance related to this policy. This policy is non-negotiable and will not be altered, modified or amended for any Authorized Reseller.

Combining a product(s) from the Unilateral Price Grid with any other product for a sales price lower than the combined price at which the two (2) products could be purchased independent of each other, shall not constitute acquiescence with this Unilateral Price Policy.

The issuance of non-NICE announced rebates (in any form) on a product(s) listed in the Unilateral Price Grid shall not constitute acquiescence with this Unilateral Price Policy.

Advertising that requests an end user to “see price in cart,” “click to see price,” “add to cart for best price,” “Why we do not show a price?” or a price that is struck through, no price listed or any language or graphic representation that implies, or from which the end user can infer, that an end user click through to the cart to see a price lower than that set forth in the Unilateral Price Grid, shall not constitute acquiescence with this Unilateral Price Policy.

The offer of free shipping or financing on product(s) in the Unilateral Price Grid shall constitute acquiescence with this Unilateral Price Policy.

The offer of a gift card redeemable for value on a future purchase with the purchase of product(s) in the Unilateral Price Grid shall constitute acquiescence with this Unilateral Price Policy.

NICE, from time to time within its sole discretion, may announce promotion prices and bundles of the products listed in the Unilateral Price Grid which shall constitute acquiescence with this Unilateral Price Policy.

An Authorized Reseller advertising product below the published Minimum Advertised Price may receive a Notice of Potential Non-Acquiescence for any or all non-compliant listings. Each Authorized Reseller, within its own discretion, can then choose to acquiesce or not acquiesce with this Unilateral Pricing Policy. Should such Authorized Reseller choose not to acquiesce to this Unilateral Pricing Policy within five days of receiving the Notice of Potential Non-Acquiescence, NICE may suspend all current orders and refuse to accept new orders from that Authorized Reseller for the impacted product for up to thirty (30) days. If such Authorized Reseller continues to choose not to acquiesce to this policy, NICE may send a second notice suspending that Authorized Reseller’s account for sixty (60) days. A third notice may result in an indefinite suspension of such

Authorized Reseller’s entire account. Any such actions taken by NICE will be in its sole discretion and without it assuming any liability.

NICE’s sales personnel have no authority to modify or grant exceptions to this policy. All questions regarding interpretation of this Unilateral Pricing Policy should be directed to the Nice North America Policy Coordinator at: legal@niceforyou.com.