endeavors established this MAP Policy to ensure brand consistency and to ... Any dealer whose advertising and sales prac
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MINIMUM ADVERTISED PRICE POLICY earthwhile endeavors, Inc. Minimum Advertised Price Policy, January 1, 2017 MAP Policy (Effective January 1, 2017) As one of the world's leading product developers of grooming products for pets, earthwhile endeavors, Inc. specializes in the development and marketing of totally natural grooming products under the earthbath brand, including shampoos, sprays, grooming foams, and wipes. Pet parents, veterinarians, grooming professionals, boarding facilities and dog walkers use earthbath products to groom & improve the health of their companion animals. The company believes that a reseller’s ability to make fair profits for their sales and marketing efforts is a best practice, and therefore MAP pricing is in the best interest of the entire pet industry. We recognize that our distributors, retailers, online resellers, grooming professionals, veterinarians and other resellers (hereafter defined as “dealer(s)”) invest time and resources to deliver an exceptional customer shopping experience through knowledgeable staff and compelling marketing presentation. To support our dealers’ efforts, earthwhile endeavors wishes to establish policies that allow dealers at all levels in the distribution chain to earn the profits necessary to maintain the high level of customer service our customers have come to expect from the dealers of earthbath products. To protect the investments and profitability of our dealers as well as earthbath’s brand position and reputation, the company has unilaterally adopted a MINIMUM ADVERTISED PRICE POLICY (“MAP Policy”). earthwhile endeavors established this MAP Policy to ensure brand consistency and to streamline dealer advertising and sales practices as they relate to price. Any dealer whose advertising and sales practices are in contravention of the earthwhile endeavors MAP Policy could have a detrimental and harmful effect on earthwhile endeavors’ brand, reputation and market competitiveness, as well as on the dealer’s ability to sell with reasonable profits and recoup it’s business investments. earthwhile endeavors believes these deleterious advertising and sales practices are unfair and discourages them. Therefore, if a dealer intentionally advertises any product covered by this MAP policy below the established MAP price, earthwhile endeavors reserves the unilateral discretion to take one or more of the following actions: a) refuse or restrict future product sales to the dealer or the distributor who sells to the dealer; 2) reduce order quantities to the dealer or the distributor who sells to the dealer. earthwhile endeavors, in its unilateral discretion, reserves the right to discontinue doing business with any reseller, and specifically with respect to the products covered by this MAP Policy, if that reseller intentionally advertises or sells any MAP Product below its MAP price. earthwhile endeavors is confident that this program will strengthen its competitiveness and benefit all of its resellers. Official Policy and Guidelines Additional guidelines related to the earthwhile endeavor’s MAP Policy are as follows. earthwhile endeavors reserves the right, in its unilateral discretion, to take other actions with respect to any reseller that violates this MAP Policy. 1. earthwhile endeavors acknowledges that resellers are free to sell its products at any prices they choose. 2. This MAP Policy will be enforced by earthwhile endeavors in its sole discretion. 3. earthwhile endeavors will maintain an updated “MAP Products” list of those products that will fall under this MAP Policy. earthwhile endeavors reserves the right to update or modify this list at any time.
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MINIMUM ADVERTISED PRICE POLICY 4. All Products listed will have a MAP retail price. Listing a price other than the MAP retail price next to the featured MAP Product in any advertising will be viewed as a violation of this MAP Policy. This MAP Policy applies to all advertisement of MAP Products in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines catalogs, mail order catalogs, internet or similar electronic media including websites, forums, email newsletters, email solicitations, television, radio, and public signage. Such website features as “Click for price”, automated “bounce – back” pricing e-mails, pre-formatted e-mail responses, forms, automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the reseller (rather than by the customer) and this constitutes “advertising” under this MAP Policy. This MAP Policy also applies to any activity which earthwhile endeavors determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’ and the like. 5. It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy. 6. From time to time, earthwhile endeavors may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, earthwhile endeavors reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes. 7. Where earthwhile endeavors products are bundled with or sold as part of a package that includes other products (whether or not manufactured by earthwhile endeavors), it shall be a violation of this MAP Policy to sell or advertise the bundle (or package) at a price that: (a) is lower than the total Minimum Advertised Price of the earthwhile endeavors product or (b) violates the letter or spirit of the MAP Policy. 8. It shall be a violation of this MAP Policy to include in any advertising for earthwhile endeavors products any additional discount, coupon, gift card, or incentive (whether in the form of a special event, promotion, term of doing business or otherwise) that translates into an immediate price reduction, where the cumulative effect would be to reduce the advertised price of any MAP Product below MAP. Advertising that includes an additional discount, coupon, gift card, points, or any other incentive for future purchases requires official approval from earthwhile endeavors. Under no circumstances can additional discount, coupon, gift card, point, or any other incentive be applied to influence sale of earthwhile endeavors products unless authorized by earthwhile endeavors. 9. It shall not be a violation of this MAP Policy to advertise that a customer may ”call for price” or “email for price”, or to use similar language, specifically with respect to earthwhile endeavors products, so long as no price is listed. 10. If a reseller with multiple store locations or multiple websites offering earthwhile endeavor’s products for sale violates this MAP Policy at any one store location or website, then earthwhile endeavors will consider this to be a violation by all of the reseller’s locations or websites. 11. Although resellers remain free to establish their own resale prices, earthwhile endeavors reserves the right to cancel all orders and indefinitely refuse to accept any new orders from any resellers following earthwhile endeavors’ verification that such reseller has advertised any Products listed in our MAP policy at a net retail sales price less than the then-current MAP retail price established by earthwhile endeavors, or if reseller has violated this policy in any other way. 12. earthwhile endeavors’ sales representatives are NOT permitted to discuss this Policy or make any agreements or assurances with respect to earthwhile endeavors’ Policy regarding reseller advertising or pricing. This also includes any consumer program or promotion that affects the below-listed MAP Products. 13. Reseller agrees not to sell or offer for sale any current earthwhile endeavors product via any Internet auction website. Please direct any questions about this policy to Robert Nicastro, Eastern Territory Sales Manager.
[email protected] Sincerely, Paul Armstrong, President/CEO
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