Eminence Organic Skin Care (“Eminence”) has established a Minimum Advertised Price (“MAP”) Policy in order to protect the investment of our Resellers and to protect Eminence’s brand reputation for quality products.

We recognize that our Resellers invest time and resources to deliver an extraordinary customer experience through knowledgeable staff, product education and compelling product representation. Eminence has established this MAP Policy to allow Resellers to earn the fair and reasonable profits necessary to maintain the high level of customer excellence which End-Consumers expect from Eminence Resellers.

The MAP Policy applies only to advertised prices and does not apply to the prices at which the products are actually sold by our Resellers. Resellers remain free at all times to set their own resale prices.

Eminence will regularly review all Reseller commerce locations and conduct web searches on Internet websites to ensure consistent compliance to this MAP Policy.

Eminence intends to cease business with Resellers who compromise the perceived value of Eminence products. If a Reseller chooses not to follow the MAP Policy, Eminence may unilaterally impose sanctions at Eminence’s sole discretion. Eminence’s intent is to unilaterally refuse to sell products in the future to Resellers that intentionally or repeatedly fail to abide by the MAP Policy as described below.

The Eminence MAP Policy is defined as follows:

1. Eminence reserves the right, in its unilateral discretion, to take action with respect to any Reseller violating this MAP Policy.
    
2. Resellers must not advertise Eminence products below the MAP Retail Price. The MAP Retail Price is defined as 200% of the wholesale price listed in the Eminence Wholesale Order Form. Listing or displaying a price lower than the MAP Retail Price next to the featured product in any advertising will be viewed as a violation of this MAP Policy. This MAP Policy applies to all advertisement of products in any and all media, including, without limitation: flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, internet or similar electronic media including websites, forums, email newsletters, email solicitations, television, radio, and public signage. Such website features as “Click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, automatic price display for any items prior to being placed in an End-Consumer’s electronic shopping cart, and other similar features are considered to be advertisements by the Reseller under this MAP Policy. This MAP Policy also applies to any activity which Eminence determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as, but not limited to, solicitations for ‘group purchases’ and similar activities. The MAP policy is not applicable to any in-store advertising that is not distributed to the customer. Pricing listed on an internet site is considered an “advertised price” and must adhere to the MAP policy.
    
3. 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; as long as the Reseller does not include any advertised price below the MAP Retail Price and the Reseller otherwise complies with this MAP Policy.
    
4. Where a Reseller creates a bundle or package that includes Eminence products, the Reseller must not sell or advertise the bundle (or package) at a price that: (a) reduces the advertised price of the bundle (or package) to more than 25% below the total MAP Retail Price of the individual Eminence products in the bundle (or package) or (b) violates the letter or spirit of the MAP Policy.
    
5. The value of any Additional Incentives must not (a) reduce the total advertised value of the Eminence products (including the Additional Incentives) to more than 25% below the total MAP Retail Price of the individual Eminence product (where an “Additional Incentive” is defined as any additional discount, coupon, gift card, or incentive in the form of a special event or promotions) or (b) violate the letter or spirit of the MAP Policy.
    
6. It shall not be a violation of this MAP Policy to advertise that an End-Consumer may “call for price” or “email for price”, or to use similar language, specifically with respect to Eminence products, so long as no price is listed.
    
7. Resellers may offer products on promotion at a lower advertised discount only with written permission from Eminence’s General Manager.
    
8. If a Reseller with multiple store locations violates this MAP Policy at any particular store location, then Eminence will consider this to be a violation by all of the Reseller’s locations.
    
9. Although Resellers remain free to establish their own resale prices, Eminence reserves the unilateral right to cancel all orders and indefinitely refuse to accept any new orders from any Reseller if Eminence verifies that the Reseller has advertised any products at a price less than the applicable MAP Retail Price, or if the Reseller has violated this policy in any other way.
    
10. From time to time, Eminence may discontinue specific products or engage in promotions with respect to certain specified products, or engage in the sale of “close out” products.  In such events, Eminence reserves the right to modify or suspend the MAP policy with respect to the affected products by notifying Resellers of such change. Eminence further reserves the right to unilaterally adjust the MAP with respect to all or certain products at its sole discretion upon seven (7) days advance notice.