Minimum Advertised Price Policy
Nutritional Frontiers, LLC recognizes that customer satisfaction begins before the sale, and continues with Resellers’ service and support efforts after the sale. Many of our Resellers have invested significant time and resources to ensure Nutritional Frontiers product sales result in a positive customer experience. To maintain our Resellers’ commitment to quality, product support, and service, and to preserve Nutritional Frontiers’ brand, reputation and exceptional record of customer satisfaction and loyalty, we have adopted this Minimum Advertised Price Policy (“MAP Policy”) for all Nutritional Frontiers products. The term “Reseller” as used in this MAP Policy means any distributor, dealer, retailer, or any party which “resells” a product or goods, or which uses a trademark, tradename or brand in selling a product or goods, and their principals, affiliates and subsidiaries.
Nutritional Frontiers requires that each Reseller, while free to establish its own advertising policy, meet the following minimum advertising criteria when advertising any of Nutritional Frontiers’ products, or when using Nutritional Frontiers’ trademarks, tradenames, labels or brands.
- Minimum Advertised Prices. Whenever a minimum advertised price is specified by Nutritional Frontiers for a product, such product must be advertised by Reseller at the specified minimum advertised price or higher. Any advertised price quotations, express, implied, direct or indirect, below the specified minimum advertised price violates this Policy. Nutritional Frontiers may specify its minimum advertised prices to Resellers by publication, posting, delivery via electronic email or fax, by mailing, by written instruction included with delivered products, and upon request.
- Internet Sales on Third-Party Sites. Online retailers must comply with this MAP Policy. Nutritional Frontiers prohibits the advertisement, marketing, distribution and/or sale of its products on any third-party website, other than a web domain that is exclusively and independently owned and operated by the online retailer subject to this policy. Without limiting the foregoing, Nutritional Frontiers prohibits sales of any of its products on websites such as Amazon, eBay, and Etsy.
- The following activities violate this MAP Policy:
- The use of words, phrases, or symbols that indicate “special pricing” such as “call for price,” “E-Mail for price,” or “lower pricing,” “Buy One, Get One Free” or “BOGO” price advertising.
- For internet sales, indications of different pricing such as underlining, “click for,” “click to,” or links to price quotations at all levels above (or prior to) any shopping cart.
- Combination, bundling or package “deals” that are not part of Nutritional Frontiers’ pricing program if the result of such combination is to imply, suggest, or, in fact, create an advertised price reflecting Nutritional Frontiers products at a price below the required minimum advertised price.
- A distributor offering Nutritional Frontiers products to any Reseller that is violating this MAP Policy or that is illegally using any Nutritional Frontiers’ trademarks, tradenames, labels or products.
- Hindering, obstructing, delaying, or otherwise failing to cooperate with a Nutritional Frontiers MAP Policy investigation is a violation of this MAP Policy.
This policy shall apply to all forms of advertising, including but not limited to print advertising (such as but not limited to newspapers, catalogs, fliers, brochures), electronic and broadcast media (such as but not limited to radio, television, cable, on-line advertising), the internet (such as Resellers’ websites, internet marketplaces, shopping websites, portal websites, auction and shopping sites, natural or paid search engine listings, social media sites, banner advertisements, or any other websites through which the Reseller operates or advertises), and direct mail and email advertising.
Nutritional Frontiers’ failure to require strict performance and/or failure to enforce any term or condition of this MAP Policy in any particular instance, including against any Reseller, shall not be deemed a waiver of any term or condition of this Map Policy. Nutritional Frontiers reserves the right to enforce this policy, in its sole discretion, against any activity which Nutritional Frontiers determines is intended to circumvent the intent of this MAP Policy. Resellers shall not be relieved of their obligation to comply strictly with all of its obligations; nor shall it prejudice or prevent Nutritional Frontiers from requiring strict adherence in the future.
In the event that a Reseller advertises a Nutritional Frontiers product or uses a Nutritional Frontiers trademark, tradename, label or brand in violation of this MAP Policy, Nutritional Frontiers reserves the right to impose sanctions that may include, but are not limited to: restricting Reseller’s access to certain products or families of products, withholding shipment of open orders to Reseller, restricting future orders by Reseller, indefinitely suspending the Reseller’s account, or terminating said account.
All Resellers are responsible for reporting any known non-compliance with the MAP Policy.
Nutritional Frontiers is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining the appropriate sanctions. Nutritional Frontiers reserves the right to change this MAP Policy at any time.
Revision date: 10/23/19. This document supersedes all previous versions of the Nutritional Frontiers MAP Policy.
If you have questions about the Nutritional Frontiers MAP Policy, please contact:
Nutritional Frontiers, LLC
3191 Washington Pike
Bridgeville, PA 15017
412-922-2566
[email protected]