THE HONEST KITCHEN’S MINIMUM ADVERTISED PRICE POLICY

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EFFECTIVE APRIL 4, 2016

 

1. Introduction and Policy Overview

The Honest Kitchen has a long history of providing only the highest quality pet foods, treats, and supplements.  We started in a kitchen with the mission to make a genuine difference in pets’ lives by producing products that are unequivocal in their quality and integrity.  Over the past 14 years, we have worked with and relied upon a growing number of retail partners to educate consumers about the benefits of feeding and using our products.

Our success is tied to the success of these incredible retail partners, and in order to ensure that all of our resellers can more effectively sell our products, continue to support our brand as a premium offering, and avoid intra-brand channel conflict, we are updating our unilateral minimum advertising price policy (“MAP Policy”) that was originally launched on May 21, 2012. 

 

2. Policy Statement

The Honest Kitchen, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy for a price that is less than two percent (2%) of the product’s listed price on The Honest Kitchen’s website.

 

3. General Guidelines

  • The products covered by this MAP Policy include all products sold by The Honest Kitchen (“MAP Products”).
  • The Honest Kitchen recognizes that resellers are free to make their own decisions to advertise and sell any product at any price they choose, without consulting or advising The Honest Kitchen.  Similarly, The Honest Kitchen will exercise its right to make its own decisions regarding the accounts eligible to participate in The Honest Kitchen Reseller Program (“THK RP”), supplemental marketing materials, point-of-purchase displays, new product availability, or future promotional marketing programs.
  • This 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.

 

4. Advertising Guidelines

  • The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, apps, or any other electronic media.
  • Website features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, and automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the dealer and thereby constitute “advertising” under this MAP Policy.
  • It shall not be a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price”, or to use similar language, so long as no price is listed.
  • This MAP Policy also applies to any activity which The Honest Kitchen determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy.
  • From time to time, The Honest Kitchen may permit resellers to advertise MAP Products at prices lower than the MAP retail price.  In such events, The Honest Kitchen reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time.

 

5. Policy Enforcement

  • In the event of a MAP Policy violation, all reseller accounts shall have a period of forty-eight (48) hours to bring advertising into compliance or The Honest Kitchen reserves the right to cancel any pending orders and cease filling any new orders for the product(s) in violation of this MAP Policy for the following periods: 

                        i.         For an initial violation, The Honest Kitchen will cancel any pending orders and cease filling any new orders for a period of thirty (30) days. 

                       ii.         For a second violation by a reseller within one (1) year of the initial violation, The Honest Kitchen, at its discretion, reserves the right to cancel any pending orders or cease filling orders for a period of greater than thirty (30) days.  Repeated infractions of this MAP policy may result in termination of dealer status.

  • The Honest Kitchen will continue to sell to the reseller any other products for which no MAP Policy violation has occurred.
  • The Honest Kitchen's MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred.
  • Waivers to this MAP Policy may be granted in The Honest Kitchen's sole discretion by the MAP Policy Administrator in writing.  In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter.  Deviation from the terms of a waiver letter will be considered a violation of the MAP Policy.
  • The Honest Kitchen will utilize online price-monitoring software to swiftly alert retailers and distributors of MAP Policy violations.
  • Resellers are expected to provide reasonable cooperation in any The Honest Kitchen investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with The Honest Kitchen MAP Policy investigation is a violation of this MAP Policy.
  • The MAP Policy will be enforced by The Honest Kitchen in its sole discretion and without notice. Dealers, distributors, resellers, have no right to enforce the MAP Policy.  Violations of this MAP Policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law.  

All questions related to this MAP Policy should be directed to: map@thehonestkitchen.com.