Minimum Advertised Price Policy

(MAPP)


Introduction
BioSource Beauty, LLC recognizes that our success is tied to the success of our network of authorized dealers and distributors and that our dealers and representatives invest significant time and resources to deliver an extraordinary customer experience. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our dealer's service and support efforts. 

BioSource Beauty, LLC believes in maintaining a well regulated and fair marketplace for all its authorized resellers and wishes to protect the integrity of BioSource Beauty brands. As a result, BioSource Beauty has established this Minimum Advertised Price (“MAP”) Policy:

BioSource Beauty, LLC, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower than the MAP.

General Guidelines
The products covered by this policy are listed in the “MAP Product Pricing” section below. BioSource Beauty, LLC may modify this list from time to time.
The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or over the telephone.
BioSource Beauty recognizes that distributors and dealers are free to make their own decisions to advertise and sell any BioSource Beauty product at any price they choose, without consulting or advising BioSource Beauty, LLC. Similarly, BioSource Beauty, LLC will exercise its right to make its own decisions regarding the BioSource Beauty Authorized Resellers, supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.

Advertising Guidelines

MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, apps, or any other electronic media.

The MAP Policy does not apply to solely on-premise or in-store advertising that is not distributed to customers.

It is not a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price”, or to use similar language specifically with respect to BioSource Beauty Products, so long as no price is listed.

It is not a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.

Lowering the price of an item below MAP for the purpose of a clearance or liquidation is acceptable however BioSource Beauty, LLC will record this in our system and this reseller will never be supplied with that product again. If a pattern of this behavior is recognized, BioSource Beauty, LLC will be forced to take further action in accordance with our rights as a manufacturer. 

From time to time, BioSource Beauty, LLC may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, BioSource Beauty, LLC reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.

From time to time BioSource Beauty, LLC may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer's rebate, provided that:
i. the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer rebate in the same type size and style
ii. an asterisk is placed next to the net price after manufacturer's rebate; and
iii. “*after manufacturer's rebate” appears in the same area of the advertisement as the advertised product.

This MAP Policy also applies to any activity which BioSource Beauty, LLC determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’ and the like.

Internet features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, and automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the dealer (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.

This MAP Policy also applies to any activity which BioSource Beauty, LLC determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’ and the like.


Policy Enforcement

Failure to comply with the BioSource Beauty, LLC MAP policy will result in the following actions:
• A warning is issued. Five (5) business days will be given to bring all pricing back to MAP. No orders will be processed / shipped until pricing has been corrected.

• Failure to comply after 5 days may result in the suspension of shipments on the noncompliant item(s) and / or up to temporary or permanent suspension of all activities on your account.

Accounts selling online (Internet) will be asked to provide the name and address(es) of any storefronts on which they plan to sell BioSource Beauty products.

Failure to provide this information will result in your account setup being delayed. Resellers must disclose valid names, contact information, and domain addresses for any and all websites on which BioSource Beauty products are sold. This includes Amazon and/or eBay storefronts, any subsidiaries affiliated with your business, and any other online resellers your business may be supplying.

If you are buying BioSource Beauty products with the intent to act as a distributor, please be aware that MAP is extended to these accounts as well. YOU are responsible for enforcing MAP on these accounts. In the event that one of your customers is found to be violating MAP, you will be notified; if they do not comply, your account will be considered for suspension.

If a dealer or distributor with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then BioSource Beauty, LLC will consider this to be a violation by the dealer or distributor.

BioSource Beauty, LLC reserves the right to cancel any pending orders, restrict future orders, or suspend dealers' account if BioSource Beauty, LLC reasonably believes:
i. a dealer has violated the provisions of this policy; or
ii. a dealer intends to violate this policy.

BioSource Beauty, LLC's MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy as occurred, as well as determining appropriate sanctions.

Waivers to this MAP Policy may be granted in BioSource Beauty, LLC's sole discretion by the MAP Policy Administrator in writing. BioSource Beauty Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.

BioSource Beauty, LLC monitors the advertised prices of dealers, either directly or via the use of 3rd party agencies or tools. Dealers are expected to provide reasonable cooperation in any investigations authorized by BioSource Beauty, LLC regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a BioSource Beauty, LLC MAP Policy investigation is a violation of this MAP Policy.

The MAP Policy will be enforced by BioSource Beauty, LLC in its sole discretion and without notice. Dealers, distributors, resellers, have no right to enforce the MAP Policy. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. 

All questions related to this MAP Policy should be directed to: info@BioSourceBeauty.com


Internet Minimum Advertised Price Policy (MAPP)
The BioSource Beauty, LLC Internet MAP (Minimum Advertised Price) policy has been established in order to create a level playing field for all BioSource Beauty, LLC resellers (e-tailers and brick & mortar), as well as to protect the integrity of the BioSource Beauty, LLC brand.

BioSource Beauty, LLC allows and encourages retailers to resell its products over the internet as long as the retailer respects the above policy and by the following Internet MAP policy. Any and all BioSource Beauty, LLC products purchased by retailers are subject to this policy.

BioSource Beauty, LLC requires that retailers advertise its products online at or above the published MAP for each item. Please note that MAP applies only to the advertised price – not the selling price.

Promotional coupon codes, free or reduced shipping rates, or BOGO (“buy one get one free”) deals are not impacted by the MAP policy and may be offered to customers at your discretion. Special offers are permitted provided that the MAP remains intact on each product page.

Internet features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, and automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the dealer (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.

Accounts selling online will be asked to provide the name and address(es) of any storefronts on which they plan to sell BioSource Beauty, LLC. Failure to provide this information will result in your account setup being delayed.

For additional information about MAP policies, please refer to the following web pages on the Federal Trade Commissionʼs website:
FTC Manufacturer Requirements
FTC Refusal to Supply

All questions related to this MAP Policy should be directed to: info@BioSourceBeauty.com