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Minimum Advertise Price Policy

Through a significant investment in design, technology and personnel, Bodygood Nutrition, LLC DBA Pureboost (“Pureboost”) has established a strong reputation for providing quality products. Pureboost has determined that advertising Pureboost products at prices below certain levels established by Pureboost undermines Pureboost’s trade reputation, image, and marketing strategy. To ensure the value of the image of Pureboost to their customers, the following unilateral Minimum Advertised Price Policy (“MAP Policy”) must be followed for the advertising of Pureboost products by resellers.

A. General Guidelines

    1. The products covered by this policy are listed in Schedule A (“MAP Products”). Pureboost may, in its sole discretion modify this list from time to time.
    2. 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. Pureboost recognizes that resellers are free to make their own decisions to sell any Pureboost product at any price they choose, without consulting or advising Pureboost.
    3. Pureboost believes in maintaining a well-regulated and fair marketplace for all its authorized resellers.
    4. This Policy has been unilaterally adopted by Pureboost, and it informs resellers of a unilateral Pureboost business decision. Pureboost is not seeking and will not accept agreement from any reseller to comply with the Policy. It is entirely within the discretion of the reseller to comply or not comply.

B. Advertising Guidelines

    1. The MAP applies to all advertisements for any Pureboost products in any and all media, including, but not limited to: flyers, posters, coupons, mailers/emails, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and other public displays.
    2. The MAP Policy applies only to advertised prices and does not apply to the price at which Pureboost products are actually sold to an individual consumer. The final sales price remains totally at resellers’ discretion.
    3. Advertising without prices does not violate this Policy. Advertising in a way that suggests that the Retailer is offering covered products at prices below MAP is a violation of this Policy. Examples of such violations include “prices too low to mention,” or “our manufacturer won’t let us tell you the price,” “click here for lower price,” “add to shopping cart to see price,” “log-in for price,” “mouse over for price,” “call for price,” “email for a better Price,” and a MAP strike-through (example: $26.99 ).
    4. This MAP Policy also applies to any activity which Pureboost 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.
    5. It shall not be 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.
    6. Resellers wishing to utilize a subscription-based program with Pureboost products, also defined as “continuity” or “autoship” offers, are permitted to deviate from the MAP Policy subject to any guidelines Pureboost may impose.
    7. Pureboost from time to time may engage in cooperative promotions, including without limitation brick and mortar promotions with corresponding on-line sales, and other short-term promotions with respect to certain products and retailers. In such events, such approved offerings will not be deemed to violate this MAP Policy. The foregoing may include corresponding temporary reductions in price in collateral channels (e.g., Amazon) resulting from such promotions. During any such promotion, Pureboost will use reasonable commercial efforts to update the Pureboost MAP Page. A reseller may match (but not exceed) any such rebate or special promotion, only during the period that Pureboost offers or authorizes the same.

C. MAP Policy Enforcement

    1. If a reseller with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then Pureboost will consider this to be a violation by the reseller at all locations or websites.
    2. Pureboost Sales, Marketing, or other personnel are not authorized to modify or grant exceptions or waivers to the MAP Policy.
    3. Pureboost monitors the advertised prices of resellers, either directly or via the use of third-party agencies or tools. Resellers are expected to provide reasonable cooperation in any Pureboost investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Pureboost MAP Policy investigation is a violation of this MAP Policy.
    4. Pureboost may periodically discontinue products or engage in promotions with respect to certain items. In such events, Pureboost may, at its sole discretion, modify or suspend the MAP with respect to the affected products by timely notifying all resellers of such change, which may be done by posting such notice to www.pureboost.com/map or via email or other reasonable means of communication. Resellers are responsible for periodically checking for such notices or updates by visiting www.pureboost.com/map.
    5. The MAP Policy will be enforced by Pureboost according to the “Suspension Schedule” described on Schedule B. Distributors and resellers have no right to enforce the MAP Policy. As referenced on Schedule B, violations of this policy may result in sanctions up to and including termination of our business relationship. These actions are not debatable or appealable and will not be changed based on a reseller’s commitment regarding future practices. Pureboost will accept no assurance of compliance with this Policy from any reseller. Resellers should not communicate to Pureboost or to other resellers their intentions regarding this Policy.
    6. This MAP Policy may be updated at any time by Pureboost. All questions and communications related to this MAP Policy should be directed by email to: orders@pureboost.com.

SCHEDULE A

Product SKU UPC Wholesale Price (Unit) Suggested Retail Price MAP Price
6ct Box of Packets (NOT SOLD INDIVIDUALLY)
Pureboost Acai Alert - 6ct Box of Packets, 2.54oz. PBEN-6PK-ACI 850008032394 $6.00 $9.99 $7.99
Pureboost Citrus Sunrise - 6ct Box of Packets, 2.54oz PBEN-6PK-CIT 850008032417 $6.00 $9.99 $7.99
Pureboost Berry Boost - 6ct Box of Packets, 2.54oz PBEN-6PK-FRT 850008032400 $6.00 $9.99 $7.99
Pureboost Immune Tangerine Twist - 6ct Box of Packets, 2.43oz PBIM-6PK-TNG 850008032462 $6.60 $10.99 $8.99
Pureboost Immune Elderberry Power - 6ct Box of Packets, 2.43oz PBIM-6PK-ELD 850008032448 $6.60 $10.99 $8.99
Pureboost Immune Tropical Spark - 6ct Box of Packets, 2.43oz PBIM-6PK-TROP 850008032455 $6.60 $10.99 $8.99
Pureboost Superfoods Green Mojo - 6ct Box of Packets, 2.43oz. PBEN-PKG-GRNM6 850008032424 $6.60 $10.99 $8.99
Pureboost Superfoods Red Burst - 6ct Box of Packets, 2.43oz. PBEN-PKG-REDS6 850008032431 $6.60 $10.99 $8.99
10ct Box of Packets (NOT SOLD INDIVIDUALLY)
Pureboost Acai Alert - 10ct Box of Packets, 4.23oz PBEN-10PK-ACI 850008032240 $8.45 $13.99 $9.99
Pureboost Citrus Sunrise - 10ct Box of Packets, 4.23oz PBEN-10PK-CIT 850008032264 $8.45 $13.99 $9.99
Pureboost Berry Boost - 10ct Box of Packets, 4.23oz PBEN-10PK-FRT 850008032257 $8.45 $13.99 $9.99
Pureboost Immune Tangerine Twist - 10ct Box of Packets, 4.06oz. PBIM-10PK-TNG 850008032325 $9.00 $14.99 $10.99
Pureboost Immune Elderberry Power - 10ct Box of Packets, 4.06oz. PBIM-10PK-ELD 850008032226 $9.00 $14.99 $10.99
Pureboost Immune Tropical Spark - 10ct Box of Packets, 4.06oz. PBIM-10PK-TROP 850008032233 $9.00 $14.99 $10.99
Pureboost Superfoods Green Mojo - 10ct Box of Packets, 4.06oz. PBEN-PKG-GRNM10 850008032271 $9.00 $14.99 $10.99
Pureboost Superfoods Red Burst - 10ct Box of Packets, 4.06oz. PBEN-PKG-REDS10 850008032387 $9.00 $14.99 $10.99
30ct Box of Packets (NOT SOLD INDIVIDUALLY)
Pureboost Combo - 30ct Box of Packets, 12.69oz. PBEN-30PK-MLT 850008032110 $19.95 $32.99 $24.99
Pureboost Acai Alert - 30ct Box of Packets, 12.69oz. PBEN-30PK-ACI 850008032097 $19.95 $32.99 $24.99
Pureboost Citrus Sunrise - 30ct Box of Packets, 12.69oz. PBEN-30PK-CIT 850008032080 $19.95 $32.99 $24.99
Pureboost Berry Boost - 30ct Box of Packets, 12.69oz. PBEN-30PK-FRT 850008032103 $19.95 $32.99 $24.99
Pureboost Immune Combo - 30ct Box of Packets, 12.17oz PBIM-30PK-MLT 850008032196 $20.95 $34.99 $26.99
Pureboost Immune Tangerine Twist - 30ct Box of Packets, 12.17oz PBIM-30PK-TNG 850008032318 $20.95 $34.99 $26.99
Pureboost Immune Elderberry Power - 30ct Box of Packets, 12.17oz PBIM-30PK-ELD 850008032189 $20.95 $34.99 $26.99
Pureboost Immune Tropical Spark - 30ct Box of Packets, 12.17oz PBIM-30PK-TROP 850008032172 $20.95 $34.99 $26.99
Pureboost Superfoods Combo - 30ct Box of Packets, 12.17oz PBEN-PKG-SMLT30R 850008032363 $20.95 $34.99 $26.99
Pureboost Superfoods Green Mojo - 30ct Box of Packets, 12.17oz PBEN-PKG-GRNM30R 850008032127 $20.95 $34.99 $26.99
Pureboost Superfoods Red Burst - 30ct Box of Packets, 12.17oz PBEN-PKG-REDS30R 850008032356 $20.95 $34.99 $26.99
 

SCHEDULE B
SUSPENSION SCHEDULE


Noncompliance of this Policy will result in the following suspensions:

  1. First act of noncompliance will result in a warning letter to the reseller.

  2. Second act of noncompliance will result in either suspension of trade funding available to the reseller or, if not applicable or otherwise chosen by Pureboost, of product shipments for 1 month from notification by Pureboost of such violation.

  3. Third act of noncompliance will result in suspension of Product shipments for 3 months from notification by Pureboost of such violation.

  4. Fourth act of noncompliance will result in termination of account’s ability to purchase Pureboost products for 12 months or, at Pureboost’s option, permanent termination of account’s ability to purchase Pureboost products.