Healthful Living, LLC MINIMUM ADVERTISED PRICE POLICY
Effective: January 23, 2024
PURPOSES OF THIS MAP POLICY
Healthful Living, LLC (“MEDThrive”), a company dedicated to promoting healthy living, recognizes the importance of maintaining a certain level of pricing for its products in order to ensure a superior level of service. By advertising MEDThrive products at prices below what we consider appropriate, we risk discouraging our customers from fully committing to our brands and investing in them. This, in turn, can have a negative impact on MEDThrive’s trade reputation, brands, and overall image among our target consumer population. In order to address this concern, MEDThrive has implemented a unilateral Minimum Advertised Price (“MAP”) Policy (the “Policy”). This Policy applies to all authorized sellers of MEDThrive products (“Product”), known as Resellers, operating within the United States (“Resellers”). The MAP will be established solely by MEDThrive and communicated to Resellers of Products. The MAP for each Product is equal to the retail price listed for each product on www.myMEDThrive.com as applicable for each Product. If MEDThrive changes the MAP on any Product, it will endeavor to provide notice to Resellers before such change takes effect.
ADVERTISING SUBJECT TO THIS MAP POLICY
This Minimum Advertised Price (MAP) Policy applies to all Product advertisements, encompassing promotional or pricing details showcased through various media channels such as newspapers, catalogs, magazines, flyers, brochures, television, radio ads, billboards, public signage (excluding signs within physical stores), inserts, websites, blogs, social media, affiliate marketing networks/comparison shopping engines, reseller-initiated text messages or emails to end-user customers or potential end-user customers, mobile/smartphone applications, banner ads, online product ads, paid search ads, pay-per-click ads, display ads, mobile ads, product listing ads, sponsored links, ads in any other digital format communicated via the Internet, and any other marketing or promotional materials, whether online or through broadcast or other media.
Resellers have the freedom to promote and sell all MEDThrive products at their desired price. However, it is against the MAP Policy for a Reseller to advertise any Product(s) at a price lower than the MAP. This policy prohibits any advertisements that violate the MAP Policy, including but not limited to:
Providing coupons, discounts, reseller rebates, or other incentives that, upon redemption, lead to a price below the Minimum Advertised Price (MAP), such as during a storewide promotion, with a promotional code, site-wide sale, or any comparable offer that applies to the Product(s).
Bundling any Product(s) with additional products or services (whether manufactured by or provided by MEDThrive or another entity) in a way that suggests pricing below the Minimum Advertised Price (MAP) for the bundled Covered Product.
Striking out pricing information, using strikethroughs, or making statements that suggest a lower price being available at the Final Online Checkout Stage are all violations. The Final Online Checkout Stage is reached when the Covered Product is placed in a shopping cart with the customer’s name, shipping address, email address, and payment information. Permitting any third party to alter the advertised price for any Covered Product.
Direct or indirect attempts to circumvent this MAP Policy also violate this MAP Policy.
WHAT IS NOT A VIOLATION OF THIS MAP POLICY
It is permissible to promote that a customer can “call for price,” “text for price,” or “email for price” without violating any rules, provided that no price is listed and no automated call, text message, or “bounce-back” email is sent in response. This policy does not cover signage within a physical store, free or discounted shipping offers (as long as they apply to most or all products in the same category), and pricing details shown during the final online checkout phase. The pricing details in the “shopping cart” or at the final online checkout stage must be technically obscured to prevent retrieval by shopping and pricing engines, and should not be visible on search page results within the Reseller’s website.
THIS MAP POLICY IS A UNILATERAL POLICY ONLY
The MAP Policy outlined here is not a contractual agreement between MEDThrive and any other parties. MEDThrive will not seek out or acknowledge any promises of adherence to this MAP Policy from Resellers or any other entities. It is up to each Reseller to decide independently whether or not to follow the guidelines outlined in this MAP Policy. Essentially, this policy does not dictate the final prices that Resellers can set for MEDThrive products, including the Covered Products. This MAP Policy is non-negotiable and will remain unchanged for all Resellers.
NON-COMPLIANCE
MEDThrive will take the following actions against any Reseller that fails to comply with this MAP Policy with respect to the advertisement of any Product(s):
For a Reseller’s first violation, MEDThrive will notify the Reseller in writing of such failure and will issue the Reseller a warning.
MEDThrive will inform the Reseller in writing of the second violation and promptly suspend the Reseller’s account from shipping for a period of thirty (30) days.
Any pending orders will be revoked, pending shipments will be canceled, and no new orders will be accepted from the Reseller during this 30-day timeframe.
In the event of a Reseller’s third violation, MEDThrive will terminate its business association with the Reseller. MEDThrive will retract its approval of any pending orders and annul any pending shipments to the Reseller. The enforcement of this MAP Policy lies solely with MEDThrive and will be executed without prior notification. MEDThrive holds the exclusive authority to determine if a violation of this MAP Policy has taken place. Resellers are not entitled to enforce this MAP Policy.
MAP HOLIDAYS
MEDThrive may occasionally opt to introduce MAP holidays or special promotions on particular Product(s) that are relevant to all Resellers. Throughout these periods, a Reseller that advertises Product(s) in line with the terms of the authorized promotion will not be in violation of this MAP Policy. MEDThrive reserves the right to amend or suspend this MAP Policy entirely or partially by informing all Resellers about the duration and nature of the modification or authorized promotion.
MAP POLICY ADMINISTRATION
MEDThrive employees and sales representatives do not have the authority to discuss, modify, or make exceptions to this MAP Policy. They are also not allowed to seek or obtain agreement from any person regarding this policy or discuss any aspect of it with any Reseller. This includes discussing Resellers’ compliance with the terms of the MAP Policy. If you have any questions about this policy, please direct them in writing to the MAP Administrator at [email protected]. MEDThrive will only accept written communication from Resellers regarding this MAP Policy and no other form of communication will be accepted. MEDThrive reserves the right to update, revise, suspend, amend, terminate, or reinstate this MAP Policy at its sole discretion. Resellers will be provided with at least seven (5) business days’ notice in case of any changes. It is important to note that the terms of this MAP Policy are confidential and should not be disclosed to any other parties.
