Effective January 1, 2021
In order to successfully compete in the marketplace and to maintain its premium brand image, Balanced Health Botanicals, LLC (for purposes hereof, “Seller” or “BHB”) has established this Unilateral Minimum Advertised Price Policy. As of January 1, 2021, all advertisements for sales from Authorized Resellers to End Users of products set forth in the Seller’s MAP Price Sheet inside the United States shall be subject to this MAP Policy.
Seller's products covered and their coordinating minimum advertised prices are set forth in the MAP Price Sheet, available directly from BHB sales representatives or on the BHB vendor portal. Seller reserves the right from time to time to alter, modify, suspend, or cancel this MAP Policy, the products covered, and/or the minimum advertised prices.
This MAP Policy applies only to advertised prices, not the price at which MAP products are actually sold or offered for sale to an individual in-store or over the telephone. This MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as internet sites, social media sites, apps, or any other electronic media. This MAP Policy does not apply to solely on-premise or in-store advertising that is not distributed to customers.
This MAP Policy does not restrict the Authorized Reseller’s right to establish independent resale or advertised prices of Seller's products. Seller reserves the sole right to determine whether an Authorized Reseller has advertised Seller’s products at a net price less than the minimum advertised price established in this MAP Policy. Upon such determination Seller may, without assuming any liability, withhold co-op funds or advertising discounts, cancel all orders and/or indefinitely refuse to accept new orders from the Authorized Reseller.
This MAP Policy has been unilaterally adopted by Seller. Seller neither solicits nor will it accept assurances by an Authorized Reseller of acquiescence with this MAP Policy. Nothing in this MAP Policy shall constitute an agreement between Seller and any Authorized Reseller of compliance with this MAP Policy. The Authorized Reseller within its own discretion can choose to acquiesce or not acquiesce with this MAP Policy. Seller will not discuss conditions of acceptance related to this MAP Policy. This MAP Policy is non-negotiable and will not be altered, modified, or amended for any Authorized Reseller.
Website features such 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 thereby constitute “advertising” under this MAP Policy.
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 BHB Products, so long as no price is listed.
This MAP Policy also applies to any activity which BHB 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.
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.
From time to time and in its sole discretion, BHB may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, BHB 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.
From time to time, BHB may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer’s rebate, provided that:
- the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style;
- an asterisk is placed next to the net price after manufacturer’s rebate; and
- “after manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.
Advertising a Product(s) from the MAP Price Sheet with any other product for a total advertised sales price lower than the combined MAP price of what the two (2) products could be purchased independent of each other, shall not constitute acquiescence with Seller's MAP Policy.
The issuance of non-Seller announced rebates (in any form), member discounts, or loyalty points on a Product(s) listed in the MAP Price Sheet shall not constitute acquiescence with Seller's MAP Policy.
Rebate programs from BHB are exempt from this MAP Policy.
The offer of free shipping or financing on product(s) in the MAP Price Sheet shall constitute acquiescence with Seller's MAP Policy.
The offer of a gift card redeemable for value on a future purchase with the purchase of product(s) in the MAP Price Sheet shall constitute acquiescence with Seller's MAP Policy.
Seller’s sales personnel have no authority to modify or grant exceptions to this MAP Policy. BHB’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining BHB’s action in response. All questions regarding interpretation of this MAP Policy should be directed to the Seller Policy Coordinator at: UMAPCoordinator@balancedhealthbotanicals.com.
For a current list of MAP prices, please speak to your sales representative.