Minimum Advertise Price Policy

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