In order to preserve the Nutranext Business, LLC (“Nutranext”) brand equity in the marketplace and prevent erosion of the products’ perceived value, Nutranext has unilaterally adopted a Minimum Advertised Price (MAP) Policy (the “Policy”) with respect to its Nutranext products. The MAP Policy is effective October 15, 2018 and applies to all of the Nutranext products listed in the addendum of this Policy. This policy supersedes all prior versions.
Nutranext delivers superior dietary and nutritional supplement products to consumers with the highest ingredient, sourcing and sustainability standards and a superior efficacy relative to other offerings in the category. Our objective is to maintain the strong brand equity of Nutranext products while delivering a consumer preferred product. The advertising of deeply discounted prices for Nutranext products would harm the brand equity and reduce the efficiency of Nutranext’s distribution strategy. In addition, deeply discounted prices would undermine Nutranext’s ability to maintain ongoing investment levels in its products and to continue to deliver consumer preferred, premium products in the marketplace.
Under this Policy, Nutranext reserves the unilateral right to reduce trade funding and/or discontinue the sales to any seller of Nutranext who advertises Nutranext products at prices below the suggested minimum advertised price as stated in the appendix of this Policy. Sellers of Nutranext products include, but are not limited to, in store retailers, internet retailers, and individual sellers.
This Policy applies only to the advertised price of Nutranext products, not the price at which products are actually sold. Advertised prices under this Policy include, but are not limited to: print advertisement; in store or out of store coupons; special offers; broadcast advertisement; showing a dollar value “netted out” below MAP; direct mail; internet advertisement or communication; advertised coupons on a single item; and the inclusion of Nutranext in a bundled, brand, or category wide discount or coupon where the value of the offer as applied on the Nutranext product(s) results in a net price below MAP (illustrative examples include the following: (1) Buy one Nutranext product, get one 25% off would be consistent with the Policy if the average price of the products with the advertised discount applied to such products does not result in a net price below MAP; (2) Buy Any Nutranext Product, Get $5 Off would be inconsistent with the policy if the $5 offer applied entirely to any Nutranext Product results in a price below the MAP). For the purpose of applying this Policy, Nutranext considers online prices (other than prices on the in-cart or other intent to purchase pages) to be advertised prices.
The Policy does not cover the following sales practice:
- If a retailer’s pricing policy is to use a price that has as its last digit (i.e., 0 – 9 cents) a number other than 9, Nutranext will not consider the usage of that “last digit policy” to be inconsistent with this Policy as long as the last digit policy applies to all competing brands. Example: An advertised price of $16.94 is consistent with this MAP Policy where the MAP is $16.99 and where pricing for all competing brands follows the same last digit policy.
Nutranext reserves the right, within its unilateral and sole discretion, to make judgments regarding the optimal distribution strategy for Nutranext products and to evaluate without negotiation whether the actions of sellers are consistent with this Policy and Nutranext’s overall strategy.
In the event that Nutranext becomes aware of a seller advertising Nutranext products in a manner that is inconsistent with this Policy, Nutranext reserves the right, in its unilateral discretion, to reduce trade funding, discounts and/or limit participation in unique incentives and quarterly promotions (collectively “Nutranext funding”), and/or discontinue selling products to sellers according to the following scale:
- First Instance of Inconsistent Advertising: customer will not receive any Nutranext funding for 3 months on the impacted item.
- Second Instance of Inconsistent Advertising: customer will not receive any Nutranext funding for 6 months on the impacted item.
- Third Instance of Inconsistent Advertising: Nutranext will stop shipment of Nutranext Product(s) to customer for 3 months on the impacted item.
If a customer with multiple store locations advertises Nutranext products at prices that are inconsistent with this MAP Policy as to any particular store location, then Nutranext will consider the inconsistent advertising to extend to all of the customer’s locations. Similarly, if a customer has any subsidiaries or affiliates or conducts business under another name, this MAP Policy will apply to all such entities. If any such entity advertises Nutranext products at prices that are inconsistent with this MAP Policy, then Nutranext will consider the inconsistent advertising to extend to all of the customer’s related business entities. Nutranext reserves the right to take actions consistent with this Policy retroactively, if and when Nutranext determines that an entity that has engaged in inconsistent advertising is related to or affiliated with an existing customer.
Nutranext does not seek, nor will we accept, any agreement or assent from customers with respect to this Policy, either now or at any time in the future. This Policy is being established by Nutranext unilaterally and therefore is not subject to negotiation. Nutranext will implement this Policy based on information deemed sufficient by Nutranext, and all such determinations are final. We reserve the right at any time to modify this Policy, to establish new or different policies or discontinue any or all such policies. This Nutranext MAP Policy shall remain in effect until modified or terminated by us in writing sent to you.
If you carry Nutranext products, please notify the appropriate individuals at your company of this Policy to ensure they are aware of this Policy when determining how you will advertise and promote Nutranext products.
Important: the Retailer alone has the sole discretion to determine both advertised price(s) and selling price(s), and must independently decide whether to advertise on terms that are consistent with this MAP policy.