REVISED PRICE POLICY
Effective July 1, 2017
In order to better compete in the sale of high quality cleansing products (“Products”), to protect the price integrity and value of DETOXIFY Brand Products, and to position DETOXIFY properly in the market, Detoxify LLC has unilaterally adopted this Revised Price Policy (the “Policy”). This Policy applies to all retailers who purchase Detoxify Products for resale, whether directly or through a reseller (distributor).
This Policy does not constitute an agreement, and is subject to change by Detoxify at any time. Detoxify, in its sole discretion, may interpret and apply this policy as it deems appropriate. Detoxify sales personnel have no authority to modify or grant exceptions to, or otherwise interpret, this Policy.
Detoxify revises this Policy in recognition that a supplier may establish the terms and conditions upon which it sells products, including the terms and conditions affecting the resale price.
Because this Policy is Detoxify’s unilateral announcement of the terms under which it will agree to sell, or continue to sell, the Products to retail accounts, Detoxify will not seek or accept any assurances of compliance with it. A retail partner always maintains the right to unilaterally establish its own prices. Selling DETOXIFY Brand Products at or above the Manufacturer’s Suggested Retail Price (“MSRP”) or Manufacturer’s Suggested Advertised Price (“MSAP”) is not communicating acceptance or compliance.
Detoxify will not respond to complaints from retailers regarding sales practices of other retail partners.
The Revised Price Policy is in effect beginning on July 1, 2017.
Under the terms of the Policy, the net price means the price actually paid by the consumer for any DETOXIFY Brand Product. The Attached Schedule of DETOXIFY Products and MSRP and MSAP is subject to revision at the sole discretion of Detoxify and will be available and distributed to retailers as revisions occur.
All Detoxify retail partners are free to sell DETOXIFY Brand products at a price they deem to be appropriate. However, if the price for any DETOXIFY Product is below the price established by the MSAP, the terms of this Policy will apply.
1. Any DETOXIFY Products covered by the Policy cannot be discounted below the MSAP.
2. The Policy is in effect regardless of any claim by any retailer guaranteeing the lowest price, or stating they will beat any other retailer’s price.
3. Any attempt to reduce the selling price of any DETOXIFY Products below the MSAP, directly or indirectly, will be considered an attempt to undermine the Policy and will therefore be considered a violation of the Policy. Such attempts may include, but are not limited to:
- DETOXIFY specific rebates, volume incentives or any other discounting.
- Any gifts or premiums associated with the purchase of any DETOXIFY Products.
- The offer by the retailer to pay sales tax for the consumer.
- Offering retailer-specific loyalty points, rewards or similar considerations.
- Any discounting of non-related products to offer a net price less than that established by the Policy.
4. Upon Detoxify receiving notice of a violation of this Policy:
- Detoxify will cancel all orders by electronic mail notice and refuse to accept new orders for a period of 30 days for all Products, including but not limited to all of the retailer’s locations or through all internet channels.
- Upon notice of a second violation of this Policy, Detoxify will cancel all orders by certified mail service and refuse to accept new orders for a period of 180 days for all Products and to all of the retailer’s locations or through all internet channels.
- Thereafter, upon notice of an additional violation of this Policy, Detoxify will cancel by certified mail service all orders and refuse to accept new orders for any Products and the retailer will be removed from the list of approved Detoxify customers for any future orders.
5. Any DETOXIFY Brand Product that appears on the Internet or in printed material must be accompanied by the price for that product. Retailers may not omit the price, and instead substitute such terms as “Call for Special Pricing”, “E-mail Us for Special Pricing”, or any other language that implies a lower price, or is designed to obscure the retail price. The retail price must appear with each DETOXIFY Product. Additionally, the retail price must be at or above the price established by the Policy.
6. Honest mistakes or inadvertent errors may be considered a violation of the Policy. The actual circumstances, as determined by Detoxify, will dictate Detoxify’s unilateral decision on handling these situations. Should it be determined that honest mistakes or inadvertent errors may have caused a violation of the Policy, on a one time basis only, then such Retailer will be given 24 hours to correct the violation of the Policy or be subject to the cancellation provisions.
7. There is no appeal process for a finding of a violation to Detoxify’s unilateral Policy.
8. This Policy may be modified at any time by Detoxify and the Policy may be affected by promotions announced by Detoxify or may change during promotional periods designated by Detoxify. For periods of authorized Detoxify promotion, which will be defined and communicated in writing or by electronic notice, retailers may sell products below the MSRP
but if sold below the MSAP
then the provisions of the Policy will apply. Additionally, for periods of authorized promotion during which the prohibitions contained in paragraph 3 of this Policy are lifted, any such promotional campaigns cannot offer overall value on DETOXIFY products which is below the MSAP
9. Detoxify has also unilaterally adopted the policy that it will not conduct business with any retailer who sells the Products to any individual, persons, firms, or entitles who are purchasing the Products for resale to any other persons except for consumer end users of the Products. Further, Detoxify reserves the right to refuse to sell the Products retailer or distributor found to misrepresenting the structure or function of the Products as expressed on DETOXIFY Brand Product packaging, website, and collateral marketing materials.
10. This Policy is not intended to restrict in any way the manner in which our retailers market other product lines or in any way inhibit arrangements with other manufacturers.