MAP Policy
EnzymEnergy Inc. Minimum Advertised Price Policy
In order to preserve the EnzymEnergy Inc. brand equity in the marketplace and prevent erosion of the products' perceived value, EnzymEnergy Inc. has unilaterally adopted a Unilateral Minimum Advertised Price (MAP) Policy (the "Policy") with respect to its EnzymEnergy Inc. products. The MAP Policy is effective January 1, 2018 and applies to all of the EnzymEnergy Inc. products listed in the appendix of this Policy.
EnzymEnergy Inc. delivers superior digestive health products to HCP’s 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 EnzymEnergy Inc. products while delivering a HCP preferred product. The advertising of deeply discounted prices for EnzymEnergy Inc. products would harm the brand equity and reduce the efficiency of EnzymEnergy Inc. distribution strategy. In addition, deeply discounted prices would undermine EnzymEnergy Inc.'s ability to maintain ongoing investment levels in its products and to continue to deliver HCP preferred, premium products in the marketplace.
Under this Policy, EnzymEnergy Inc.’s reserves the unilateral right to reduce trade funding and/or discontinue the sales to any seller of EnzymEnergy Inc.’s who advertises EnzymEnergy Inc.’s products at prices below the suggested minimum advertised price as stated in the appendix of this Policy. Sellers of EnzymEnergy Inc.’s products include, but are not limited to, HCP’s, (HCP Websites, Third Party Websites, Distributors websites).
EnzymEnergy Inc. has established this Map Policy for its products. The MAP Policy applies to all Online Locations for any EnzymEnergy Inc.™ product and to all Electronic Media. “Online Location” is defined as any virtual place where end-users can purchase EnzymEnergy Inc.™ products in any and all virtual/online/electronic media, including, but not limited to the Internet, websites, shopping carts, newspapers, magazines, catalogs, flyers, coupons, mailers (including eBlasts, etc.), email and the like.
The Policy does not cover the following sales practice:
- If a HCP’s pricing policy is to use a price that has as its last digit (I.e., 0 - 9 cents) a number other than 9, EnzymEnergy Inc. will not consider the usage of that "last digit policy" to be inconsistent with this Policy as long as the 1st digit policy applies to all competing brands. Example: An advertised price of $29.94 is consistent with this MAP Policy where the MAP is $29.99 and where pricing for all competing brands follows the same last digit policy.
EnzymEnergy Inc. reserves the right, within its unilateral and sole discretion, to make judgments regarding the optimal distribution strategy for EnzymEnergy Inc. products and to evaluate without negotiation whether the actions of sellers are consistent with this Policy and EnzymEnergy Inc.’s overall strategy.
In the event of advertising inconsistent with this Policy, EnzymEnergy Inc. reserves the right, in its unilateral discretion, to reduce trade funding and/or discontinue selling products to sellers according to the following scale:
- 1st Instance of Inconsistent Advertising: EnzymEnergy Inc. will stop selling EnzymEnergy Inc. Products to customers for 3 months.
- 2nd Instance of Inconsistent Advertising: EnzymEnergy Inc. will stop selling EnzymEnergy Inc. Products to customers for 6 months.
- 3rd Instance of Inconsistent Advertising: EnzymEnergy Inc. will stop selling EnzymEnergy Inc. Products permanently.
If a HCP with multiple locations advertises EnzymEnergy Inc. products at prices that are inconsistent with this MAP Policy as to any particular location, then EnzymEnergy Inc. will consider the inconsistent advertising to extend to all of the HCP’s locations.
EnzymEnergy Inc. does not seek, nor will we accept, any agreement or assent from HCP's with respect to this Policy, either now or at any time in the future. This Policy is being established by EnzymEnergy Inc. unilaterally and therefore is not subject to negotiation. EnzymEnergy Inc. will implement this Policy based on information deemed sufficient by EnzymEnergy Inc., 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 Enzyme MAP Policy shall remain in effect until modified or terminated by us in writing sent to you.
This policy is in effect with or without customer signature. If you carry EnzymEnergy Inc. 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 EnzymEnergy Inc. products.
Important: The HCP alone has the sole discretion to determine both advertised price(s) and selling price(s).