ALAFFIA MINIMUM ADVERTISED PRICING POLICY
Agbanga Karite LLC, doing business as Alaffia (“Alaffia”), is committed to providing customers with high-performance, ethical products and appreciates its network of authorized distributors and retailers (collectively, “Retailers”) that have contributed to the strong reputation of the Alaffia brand. Alaffia has established this Minimum Advertised Pricing Policy (“MAP Policy”) in order to protect the strength and competitiveness of the Alaffia brand in the marketplace, promote the quality of Alaffia® products, preserve individual pricing decisions, and maintain a fair business environment for all of our Retailers. Alaffia may update the terms and conditions of this MAP Policy at any time in its sole discretion. By continuing to do business with Alaffia, you agree to any amended terms.
- Scope. This MAP Policy applies only to advertised prices and advertised discounts that occur outside of a Retailer’s authorized sales locations in any form of print, electronic or broadcast media, such as flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, websites, television, radio, and public signage. This MAP Policy does not apply to in-store signage or displays within a Retailer’s authorized sales locations where end consumers can buy and take immediate delivery of Alaffia®
- Resale Prices. This MAP Policy does not apply to the price at which Alaffia® products are actually sold by Retailers online or at Retailers’ authorized sales Retailers are free to determine and set the resale prices of the Alaffia® products they sell to end consumers. Although Alaffia will continue to suggest resale prices in the applicable product price list for Alaffia® products (the “Alaffia Price List”), Alaffia does not require its Retailers to sell Alaffia® products to end consumers at any particular price.
- Minimum Advertised Price. In accordance with this MAP Policy, Retailers may advertise Alaffia® products at or above the manufacturer’s suggested retail price (the “Minimum Advertised Price”). Alaffia reserves the right from time to time to alter or modify the Minimum Advertised Price for Alaffia® products or to alter, modify, suspend, or cancel this MAP Policy at any time. However, Alaffia will use commercially reasonable efforts to provide Retailers with notice of any such
- Maximum Advertised Discounts. From time to time, and in accordance with this MAP Policy, Retailers may advertise Alaffia® products at a discount of up to, but no more than, twenty five percent (25%) off the manufacturer’s suggested retail price (“Maximum Advertised Discount”). All advertised discounts of Alaffia® products must be approved in advance in writing (email is sufficient) by If a Retailer wishes to advertise Alaffia® products at a discount, the Retailer must submit a request for an advertised discount to Alaffia at least four (4) weeks in advance of the proposed promotion. Unless otherwise specified by Alaffia, any approval by Alaffia of a request for an advertised discount (the “Advertised Discount Approval”) will be an approval for the Retailer to advertise Alaffia® products at an advertised discount up to the Maximum Advertised Discount, which advertised discount will be determined by the Retailer in its sole discretion. Notwithstanding the foregoing Advertised Discount Approval, Retailer acknowledges and agrees that it may not conduct any such advertising or promotion for longer than four (4) weeks from the commencement of the advertising campaign (the “Approved Advertising Discount Period”) unless Alaffia has extended the Approved Advertising Discount Period in writing (email is sufficient). Alaffia reserves the right from time to time to alter or modify the Maximum Advertised Discount for Alaffia® products and will use commercially reasonable efforts to provide Retailers with notice of any such change.
- Unilateral Policy. Alaffia does not ask for, nor will it accept, any assurance of compliance or agreement from its Retailers regarding this MAP Policy, nor will Alaffia discuss any conditions of acceptance related to this MAP Policy. This MAP Policy is non-negotiable and will not be altered, modified, or amended for any Retailer. No director, officer, employee, representative, or other agent of Alaffia is authorized to ask for or accept any assurance of compliance or agreement from Retailers, to discuss with Retailers any conditions of acceptance regarding this MAP Policy, or to modify or grant exceptions to this MAP Policy. Retailers will not impute any such unauthorized action onto Alaffia and, in the event of any such unauthorized action, will promptly notify Alaffia by sending an email to mappolicy@Alaffia.com. Notwithstanding anything to the contrary which may be expressed or implied in or by any agreement between Alaffia and an applicable Retailer, nothing in any such agreement will constitute an agreement by the applicable Retailer to comply with this MAP Policy. Alaffia is not seeking agreement from any Retailer to adhere to this MAP Policy. It is entirely within the discretion of each Retailer whether to comply or not to comply with this MAP
- MAP Policy Alaffia will monitor compliance with this MAP Policy, either directly or via the use of a third-party service provider. If Alaffia determines in its sole discretion that a Retailer has violated this MAP Policy, Alaffia may, without assuming any liability and in its sole discretion, immediately cancel any or all orders and stop supplying Alaffia® products to the Retailer.
The following practices by a Retailer will constitute a violation of this MAP Policy:
- Bundling two or more Alaffia® products for an advertised price that is lower than the combined Minimum Advertised Price of each Alaffia® product included in the
- Bundling one or more Alaffia® products with one or more non-Alaffia® products for an advertised price that is lower than the combined price of the Minimum Advertised Price of each Alaffia® product included in the bundle and the full retail price of each non- Alaffia® product in the
- Using language or graphic representations that imply, or from which an end consumer could infer, that an end consumer can click to see a price for an Alaffia® product, when the revealed price is less than the Minimum Advertised Price of the Alaffia® Such language includes statements such as “call for price,” “see price in cart,” “click to see price,” “why we do not show a price?” or “add to cart for best price.” An example of a graphic representation that implies that an end consumer can click to see a price includes the image of a price that is struck through.
The following practices will not constitute a violation of this MAP Policy:
(a) Bundling an Alaffia® product with any other Alaffia® product not listed in the Alaffia Price List for an advertised price that is at least the Minimum Advertised Price for the Alaffia® product listed in the Alaffia Price List.
(b) Offering free shipping for or financing on Alaffia® products purchased by an end consumer.
- Additional Policy Terms and Conditions. This MAP Policy may be modified, extended, suspended, discontinued or rescinded, in whole or in part, by Alaffia at any time (including without limitation during any promotional period(s)). Any such action will be effective immediately or as otherwise described by Alaffia. Interpretation or enforcement of this MAP Policy is not open for discussion or debate as Alaffia’s view will control. Alaffia will apply this MAP Policy in a non-discriminatory and even-handed manner. Any actions taken, or not taken, by Alaffia will be and will remain its own independent decision.