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MAP Policy

ISS MINIMUM ADVERTISED PRICE (MAP) POLICY

ISS Research, LLC (“ISS”) has built a strong reputation and following among the end-user consumers of its products. In order to preserve ISS’s 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 ISS Products to invest time and resources in providing information and services to end-user consumers of ISS products, ISS has unilaterally established a minimum advertised price policy (the “MAP Policy”) for ISS products. The MAP Policy will apply to all U.S. dealers, distributors and resellers, including internet resellers, of ISS Products (collectively, “Resellers”).

The terms of the MAP Policy are as follows:

1. 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 ISS for selected Products and may be adjusted by ISS at its sole discretion.

2. The MAP Policy applies to all advertisements of the Products in any and all media, including, but not necessarily limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and public signage. The MAP Policy is not applicable to any in-store advertising that is not distributed to the customer.

3. 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 (an internet 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” are acceptable.

4. If pricing is displayed in advertising, any strike-through or other alteration of the minimum advertised price is inconsistent with the MAP Policy.

5. 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.

6. “Bundling” or the inclusion of advertising of free or discounted products (whether made by ISS 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.

7. 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.

8. 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.

9. From time to time, ISS may, in its sole discretion, discontinue certain Products or engage in promotions with respect to certain Products. In such events, ISS reserves the right to modify or suspend the MAP Policy with respect to the affected Products by notifying Resellers of such change. ISS 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 ISS’s website.

10. ISS 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 ISS 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. ISS reserves the right, in its unilateral discretion, to take other action against any Reseller that violates the MAP Policy. ISS 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 ISS to enforce the MAP Policy.

11. The foregoing MAP Policy is subject to modification or discontinuance by ISS, in its sole and absolute discretion, in accordance with the notice provisions set forth in Section 9.

 

ISS MINIMUM ADVERTISED PRICE (MAP)

POLICY PRODUCT LISTING

Effective as of April 5, 2016

 

If an ISS Product does not appear on the MAP Policy listing below, then no Minimum Advertised Price Policy applies to the Product.

Brand

Product

Description

Size

MAP Price

OhYeah!

ONE Bar

All Flavors

Box of 12 Bars*

$24.99

OhYeah!

ONE Bar

Variety Pack

Box of 12 Bars*

$26.99

OhYeah!

ONE Bar

Variety Pack

Box of 14 Bars

$29.26

OhYeah!

ONE Bar

All Flavors

1 Bar

$2.09/Bar

OhYeah!

Whey Power

All Flavors

2lbs

$29.99

OhYeah!

Whey Power

All Flavors

5lbs

$57.99

ISS Research Super Vitamin Pak Bag 30ct. $19.99

 

* 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

 Example B: 1 Box of ONE Bar x $24.99/Box and 1 Box of ONE Bar Variety Pack x $26.99/Box = $51.98 per 2 Pack

 Example C: 2 Boxes of ONE Bar Variety Pack x $26.99/Box = $53.98 per 2 Pack