MINIMUM ADVERTISED PRICE POLICY FOR THE UNITED STATES
Jamieson Health Products USA Ltd. and Nutrawise Health & Beauty LLC dba youtheory (“youtheory”) hereby adopts the following Minimum Advertised Price Policy for the United States (the “MAP Policy”) designed to build and maintain the integrity of the youtheory brand and to support long-term growth while protecting the investment of our authorized sellers in youtheory and the youtheory products (“Products”). The MAP Policy is intended to help authorized sellers engage in advertising that best conveys to consumers the value of youtheory Products and that allows consumers to purchase from authorized sellers based on loyalty and consumer experience.
The MAP Policy applies to all U.S. authorized sellers, including retailers, retail outlets, retailers buying through distributors, and online-only retailers of our Products to maintain an advertised pricing structure. Unauthorized retailers/sellers have no right to sell youtheory Products under any circumstances.
The MAP Policy applies to advertised prices of the Products, not the prices at which Products are actually sold, and each authorized seller is free to set its advertised price or actual resale price for any Product. Importantly, this Policy is not an agreement between youtheory and any other entity. We do not seek and will not accept any promise of compliance with this MAP Policy from any seller or other party, and each seller must independently choose whether to comply with this MAP Policy. This MAP Policy is not negotiable and will not be altered for any individual seller.
This MAP Policy goes into effect September 1, 2024.
The minimum advertised prices for Products are listed in Schedule A of this MAP Policy.
1.The MAP Policy may be adjusted or updated by youtheory from time to time, at its sole discretion. Modifications will be made available to all sellers.
2. What Advertising the MAP Policy Applies To:
a) The MAP Policy applies to all advertisements of Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, public signage, seller-initiated email newsletters, seller-initiated email solicitations, websites, social media, banner ads, or similar electronic media of any kind.
b) The MAP Policy does not apply to on-premise or in-store advertising that is displayed within the brick-and-mortar selling location.
c) The MAP Policy also does not apply to pricing information displayed at the “Final Online Checkout Stage.” This is when the Product is put into an online shopping cart that contains the consumer’s name, shipping address, email address, and payment information for a transaction.
3. MAP Policy Violations:
a) Displaying an advertised price for a Product below the minimum advertised price constitutes a violation of this MAP Policy.
b) Advertising “bundling” or including a free or discounted product (whether made by youtheory or another manufacturer) (“Bundle”) with a Product violates this MAP Policy if the effective or stated advertised price of the Bundle reduces the advertised price of the Product(s) in the Bundle below the minimum advertised price for the Product or the combined minimum advertised price of the youtheory Products in the Bundle.
c) For multipack offers, the minimum advertised price of the multipack is the quantity of SKU(s) in the multipack multiplied by the respective minimum advertised price of the SKU(s) that comprise said multipack. Creating multipacks using the Products in a manner that implies below minimum advertised pricing for the Product used in the multipack is a violation of this MAP Policy.
d) Any strikethrough or other alteration of the minimum advertised price is a violation of this MAP Policy.
e) Any advertising for a Product covered by this MAP Policy which involves a gift card, coupon, or any other type of discount that would effectively immediately reduce the advertised price of the Products below the minimum advertised price then in effect for such Product will constitute a violation of this MAP Policy. Advertising that includes a gift card, coupon, or any other type of discount on future purchases (whether or not for Products) shall be evaluated under the same guidelines as described in Section 3(b) regarding bundling.
f) Youtheory monitors the advertised prices of sellers, either directly or via the use of a third-party agency or tool. Sellers are expected to provide reasonable cooperation in any youtheory investigation regarding possible MAP Policy violations. Failing to cooperate with a youtheory MAP Policy investigation is a violation of this MAP Policy.
g) Any direct or indirect attempts to violate this MAP Policy constitute a violation.
4. The MAP Policy does not establish maximum advertised prices. All sellers may advertise or offer Products at any price, including in excess of the minimum advertised price. Internet auctions may not display or have reserved bid, “buy it now,” or other prices below the minimum advertised price.
5. The MAP Policy does not in any way limit the ability of any seller to advertise that “they have the lowest prices,” that they “will meet or beat any competitor’s price,” that consumers should “call for a price,” or phrases of similar import, as long as the price advertised or listed for Products is not less than the minimum advertised price.
6. From time to time, youtheory may announce MAP holidays or promotions that are applicable to all sellers. This is where sellers can advertise one or more of the Products covered by this MAP Policy at advertised prices lower than the MAP for a specified period consistent with the MAP holiday’s terms, and such advertisements will not constitute a violation of this MAP Policy. In such cases, youtheory will publish the detailed information for its sellers in advance of the MAP holiday on its designated MAP Policy page. To view the current MAP Policy and related notes, please visit: www.youtheory.com/mapp.
7. Youtheory’s sales employees, agents, or representatives are not permitted to make any agreement with any seller with respect to the advertising or pricing of youtheory Products, including without limitation, modifications to this MAP Policy.
8. Youtheory monitors the advertised prices of retailers, either directly or via the use of a third-party agency or tool. Retailers are expected to provide reasonable cooperation in any youtheory investigation regarding possible MAP Policy violations. Failing to cooperate with a youtheory MAP Policy investigation is a violation of this MAP Policy.
9. The MAP Policy will be enforced by youtheory in its sole discretion. Retailers have no right to enforce the MAP Policy. In the event of a violation of the MAP Policy, youtheory has the right to discontinue doing business with the retailer, including canceling pending orders, restricting future orders, or suspending retailer’s account. In addition, youtheory expressly reserves all of its legal rights and remedies with respect to such violation.
