Last Modified: June 5, 2018
ONE BRANDS MINIMUM ADVERTISED PRICE (MAP) POLICY
ONE Brands, LLC (ONE Brands) has built a strong reputation and following among the end-user consumers of its products. In order to preserve ONE Brands’ reputation for providing customers with high value products, to further its image and competitiveness in the marketplace, and to encourage dealers, distributors and resellers of ONE Brands products to invest time and resources in providing information and services to end-user consumers of ONE Brands products, ONE Brands has unilaterally established a minimum advertised price policy (the “MAP Policy”) for ONE Brands products. The MAP Policy will apply to all U.S. dealers, distributors and resellers, including internet resellers, of ONE Brands products (collectively, “Resellers”).
The terms of the MAP Policy are as follows:
- The MAP Policy shall apply to the Products listed in the MAP Policy Product Listings included at the end of this document. Minimum advertised prices under the MAP Policy are established by ONE Brands for selected products and may be adjusted by ONE Brands at its sole discretion.
- The MAP Policy applies to all advertisements of the Products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, internet product listings or detail pages, internet or similar electronic media, social media, television, radio and public signage. The MAP Policy is not applicable to physical in-store advertising that is not distributed to the customer.
- Pricing listed on an internet site is considered an “advertised price” and must adhere to the MAP Policy. Once the pricing is associated with an actual purchase (i.e. added to a virtual shopping cart or order), the price becomes the selling price and is not bound by the MAP Policy. Statements such as “we will match any price,” and “call for price,” and “Buy X Get Y” are acceptable as long as the price adjustment is first displayed and applied during the checkout process.
- If pricing is displayed in advertising, any strike-through or other alteration of the minimum advertised price is inconsistent with the MAP Policy.
- The MAP Policy applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer. Resellers of Products covered by the MAP Policy remain free to sell such products at any prices they elect as long as the price adjustment is first displayed and applied during the checkout process.
- Promotional codes, coupons, and other redeemable offers or savings that are applied during checkout are acceptable and do not conflict with the MAP Policy as long as the price adjustment is first displayed and applied during the checkout process.
- “Bundling” or the inclusion of advertising of free or discounted products (whether made by ONE Brands or another manufacturer) with a Product covered by the MAP Policy would be contrary to the policy if it has the effect of discounting the advertised price of the Product below the minimum advertised price established for such Product.
- The MAP Policy does not establish maximum advertised prices. All Resellers may offer Products covered by the MAP Policy at any price in excess of the minimum advertised price established for such Products.
- The MAP Policy does not in any way limit the ability of any Reseller to advertise that they “have the lowest prices,” that they “will meet or beat any competitor’s price,” that users of the Products should “call for a price” or phrases of similar import as long as the price advertised or listed for the Products is not less than the minimum advertised price establish for such Products.
- ONE Brands may, in its sole discretion, discontinue certain Products or engage in promotions with respect to certain Products. In such events, ONE Brands reserves the right to modify or suspend the MAP Policy with respect to the affected Products by notifying Resellers of such change. ONE Brands further reserves the right to unilaterally adjust the minimum advertised price with respect to all or certain Products at its sole discretion upon seven (7) days advance notice on ONE Brands’ website.
- ONE Brands may monitor the advertised price of Resellers, either directly or via the use of third party agencies. In the event a Reseller chooses not to follow the MAP Policy, sanctions may be unilaterally imposed by ONE Brands in its sole discretion. Intentional and/or repeated failure to abide by the MAP Policy may result in termination of business relationship, dealership or distributorship. ONE Brands reserves the right, in its unilateral discretion, to take other action against any Reseller that violates the MAP Policy. ONE Brands will enforce the MAP Policy in its sole discretion; therefore, no Reseller has any right to rely on the continued existence of the MAP Policy or any effort by ONE Brands to enforce the MAP Policy.
- Resellers shall provide a copy of this MAP Policy, along with any subsequent updates or revisions, to all customers to whom Products are sold. Noncompliance with the MAP Policy by any of Reseller’s customers will be considered a violation by that Reseller and subject the Reseller to the sanctions identified in Paragraph 11.
- This policy is applied unilaterally by ONE Brands. ONE Brands does not seek, and will not accept, your agreement to this unilateral policy. No employee or sales representative of ONE Brands has authority to discuss or modify the MAP Policy. Resellers with any questions regarding the MAP Policy should contact [email protected] No oral communications about this MAP Policy are authorized.
The foregoing MAP Policy is subject to modification or discontinuance by ONE Brands, in its sole and absolute discretion, in accordance with the notice provisions set forth in Section 10.
ONE BRANDS MINIMUM ADVERTISED PRICE (MAP)
POLICY PRODUCT LISTING
Effective as of June 5th, 2018
If a ONE Brands Product does not appear on the MAP Policy listing below, then no Minimum Advertised Price Policy applies to the Product.
|ONE||ONE Protein Bar||All Flavors||Box of 12 Bars||$24.99 Box / $2.09 Bar|
|ONE||ONE Protein Bar||All Flavors||Box of 4 Bars||$8.36 Box / $2.09 Bar|
|ONE||ONE Protein Bar||Variety Pack||Box of 12 Bars||$27.99 Box / $2.34 Bar|
|ONE||Basix Protein Bar||All Flavors||Box of 12 Bars||$24.99 Box / $2.09 Bar|
2+ boxes combined to make Combo Packs will violate MAP Policy if the average price of each box is below MAP. As long as the dollar value of the MAP-protected product isn’t reduced, no violation has occurred.
Example A: 2 Boxes of ONE Bar x $24.99/Box = $49.98 per 2 Pack
* Shipping, tax or other fees are not included in the MAP Price