Minimum Advertised Price Policy - MAP
Effective Date: 1/1/2021
Infinit Nutrition LLC acknowledges that all accounts have the right to sell our products at any price they choose. However, in evaluating our position in the marketplace relative to competitors and the competitors of our retailers, Infinit Nutrition has unilaterally determined that the establishment of a Minimum Advertised Price (MAP) policy is necessary for Infinit Nutrition to maintain its reputation as a manufacturer of premium, high quality sports nutritional products and accessories. Infinit Nutrition believes that retail sales of Infinit Nutrition products, other than in strict accordance with this policy, will negatively affect the reputation and goodwill associated with Infinit Nutrition products, customer service in connection with Infinit Nutrition products, and the competitiveness of Infinit Nutrition products generally.
These MAP Policy guidelines are applicable to all dealers of Infinit Nutrition Products. Dealers who will be advertising in all public accessible media (web, catalog, billboards, TV, radio, mass media, direct mail, social media or email, etc.) any Infinit Nutrition branded products must follow the following guidelines.
Authorized Infinit Nutrition Dealers may advertise to sell any/ all Infinit Nutrition products at prices greater or equal to Infinit Nutrition’s Manufacturers Suggested Retail Price (MSRP) on a daily basis or any time throughout the calendar year.
Infinit Nutrition will make best efforts to monitor Retailer advertisements and websites for compliance. Retailers in violation of the MAP Policy Guidelines will be subject to the following actions:
1. First Violation: Dealer in violation will receive a written warning of violation and must correct pricing within 48 hours. Dealers failing to resolve the violation in 48 hours will receive notice of 2nd violation.
2. Second Violation: Infinit Nutrition will immediately stop shipping product to the dealer until the violation is corrected and all outstanding balances are paid in full. Retailers failing to resolve the violation in five days will receive notice of a 3rd violation.
3. Third Violation: Infinit Nutrition will close the Dealer’s Account and place the account on the “do not ship” list for Infinit Nutrition Products.
• Infinit Nutrition acknowledges that Retailers have the right to sell the products at any price they choose and that the Guidelines are intended to protect Infinit Nutrition’s brand image and reputation in a highly competitive marketplace.
• Storewide loyalty programs are not considered a violation of the program as long as they are not advertised as specific discounts associated with specific products.
• Infinit Nutrition products purchased in the United States are intended for distribution in the United States and may not be distributed or promoted outside of the United States.
• The MAP Guidelines herein are applicable to all Dealers who sell Infinit Nutrition products (purchased either directly from Infinit Nutrition or from a wholesaler of Infinit Nutrition products).
• Infinit Nutrition will make available to its Authorized Dealers a Dealer Price Sheet for Infinit branded products on an annual basis or as prices change or as new products are added. Dealer Price Sheets are available upon request at any time and shall receive it promptly upon request provided they have an active account with Infinit Nutrition.
• The MAP policy applies to all advertisements of Infinit Nutrition products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, Internet or similar electronic media, television, radio and public signage. The MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s). *
• If pricing is displayed only MAP Price may be displayed no implied lower price, any strike- through, click for price, add to cart for price, or other alteration of the Minimum Advertised Price is prohibited. *
• No Third Party Sales of any type are permitted; except as otherwise authorized by Infinit Nutrition in writing. Including but not limited to retail locations, websites and/or auctions or auction websites (example sites: Amazon, Walmart, EBay, Sears, Etsy, etc.)
• MAP does not establish maximum advertised prices. All dealers and sales representatives may offer Infinit Nutrition products at any price in excess of the MAP.
• MAP changes will be reflected on INFINIT’s website, as well as by providing new dealer price sheets upon request.
• 1.5% Interest will be carried monthly on all past due Net 30 orders.
*Sales on the following dates do not constitute a violation of the MAP agreement: 11/26/2021, 11/29/2021