TRUE OMEGA-3 MINIMUM ADVERTISED PRICING (MAP) POLICY In order to preserve its reputation for providing customers with high value products and strong after—sales support, and to further enhance the True Omega-3 brand image and its competitiveness in the marketplace, True Omega-3 is unilaterally instituting a policy of minimum advertised price standards for True Omega-3 products. This Minimum Advertised Pricing Policy (“MAP Policy”) will become effective May 1st 2019 and will apply to distributors and retailers, including catalogs and internet retailers (collectively, “Wholesalers”), who resell True Omega-3 products to end users located in the United States or resells True Omega-3 products to other countries with the main domicile of the retailer based in the United States. True Omega-3 greatly values the efforts of all Wholesalers to distribute True Omega-3 products and support our customers. This MAP Policy is adopted for the benefit of all Wholesalers and will be uniformly enforced. This MAP Policy shall work under the following guidelines:
- True Omega-3 will, from time to time, publish a Schedule of Manufacturer’s Suggested Retail Prices (“MSRP Schedule”) in the Appendix 1 which may be amended or adjusted by True Omega-3 at any time in its sole discretion. The MSRP Schedule will identify the effective date, the products and the manufacturer’s suggested retail price (“MSRP”) for those products. Any MSRP advertised less than the MSRP Schedule in Appendix 1 will be a violation of this MAP Policy. The initial MSRP Schedule is enclosed in Appendix 1.
- This MAP Policy applies to all advertisements of True Omega-3 products listed on the MAP Pricing in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, internet or similar electronic media, television, radio, and public signage. This MAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s).
- The inclusion in advertising of free or discounted products (whether made by True Omega-3 or another manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy if it has the effect of discounting the advertised price of the covered True Omega-3 product less than the pricing floor listed above.
- If pricing is displayed, any strike—through or other alteration of the MSRP that is paired with a discount price more that the pricing floor listed above is prohibited.
- This MAP Policy applies to advertised prices and also to the prices at which True Omega-3 products are sold or offered for sale to an individual consumer within Wholesalers’ retail location or over the telephone.
- This MAP Policy does not establish maximum advertised prices. All Wholesalers may offer True Omega-3 products at any price in excess of the MSRP.
- Internet auctions may not display or have reserved bid or other acceptable prices less than the pricing floor listed above the MSRP.
- This MAP Policy is solely within True Omega-3 discretion and authority acting through the duly authorized managers of True Omega-3. No employee or sales representative of True Omega-3 has any authority to discuss, modify or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid. All questions about this MAP Policy should be in writing and directed via U.S. Mail to MAP Policy Administrator, True Omega-3 email@example.com, who will respond only in writing. No oral communications about this MAP Policy are authorized. The MAP Policy Administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Wholesalers regarding the policy and receiving any communications regarding sanctions imposed under this MAP Policy. Any action taken by True Omega-3 under this MAP Policy shall be without liability to True Omega-3.
- From time to time, True Omega-3 may choose to offer special promotions on certain products. In such an event, we reserve the right to modify or suspend this MAP Policy in whole or in part. True Omega-3 further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Wholesalers.
- Intentional and/or failure to abide by this MAP Policy will result in sanctions unilaterally imposed by True Omega-3. The level of sanctions will be determined by True Omega-3 in its sole discretion and may include indefinite termination of dealership or distributorship. True Omega-3 does not intend to do business with Wholesalers who degrade the image of True Omega-3 and its products. True Omega-3 need not provide prior notice or issue warnings before taking any action under this MAP Policy.
- Distributors of True Omega-3 products will supply a copy of this MAP Policy to any new or existing Wholesaler for their records. I/we hereby agree to the terms of the above MAP Policy in its entirety.
APPENDIX 1: MSRP SCHEDULE – TRUE OMEGA-3 Effective from June 1st 2019 Products under MAP pricing with their Manufacturer Suggested Retail Prices (MSRPs) – All Prices below are in USD True Omega-3® 240 capsules $42; True Omega-3® 120 capsules $24.99; True Omega-3® 60 $14.99.