Minimum Advertised Pricing Policy
Effective Date: 5/1/2025
1. Purpose
1.1. RidgeCrest Herbals, Inc. ("RidgeCrest Herbals") has established this Minimum Advertised Pricing ("MAP") Policy to protect its brand image, ensure fair competition among retailers, support healthy retailer margins, and enable retailers to provide excellent customer service. RidgeCrest Herbals believes that advertising its products below certain price levels can undermine these objectives.
2. Applicability
2.1. This MAP Policy (the "Policy") applies to all retailers (hereinafter "Retailers") of RidgeCrest Herbals products and governs all Advertisements (as defined below) of those products.
3. MAP Establishment and Changes
3.1. RidgeCrest Herbals shall unilaterally establish the Minimum Advertised Price ("MAP") for its products.
3.2. This Minimum Advertised Price (MAP) Policy outlines the guidelines for advertising RidgeCrest Herbals products. The specific Minimum Advertised Prices for each product are subject to change and are detailed in the "RidgeCrest Herbals MAP Pricelist," a separate document available upon request. Retailers are expected to adhere to the most current version of this document when advertising our products.
3.3. RidgeCrest Herbals reserves the sole and absolute right to modify the products, Suggested Retail Prices ("SRPs"), and MAP at any time.
3.4. In the event of a MAP change, RidgeCrest Herbals will do its best to provide Retailers with at least thirty (30) days prior written notice before the change becomes effective.
4. MAP Policy Violation
4.1. Advertising any RidgeCrest Herbals product below the published MAP is a violation of this Policy unless approved by RidgeCrest Herbals in writing.
4.2. This Policy applies to all forms of advertising, including but not limited to:
4.2.1. Print advertising: flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs.
4.2.2. Internet and E-advertising: All 3rd party marketplaces (including, but not limited to: Amazon, Walmart, Ebay, all international 3P marketplaces, and more), websites, website pages and banners, social media, emails, email solicitations, newsletters, television, radio. All forms of internet advertising, including, without limitation, all websites and website pages and banners, social media, emails, blogs, portal sites, and search engines (including but not limited to Google, Google Shopping, Yahoo), whether or not products are sold from those sites. This includes prices listed in emails, search engines, or placement of ads on any other website, including natural or paid search engine listings, shopping sites, marketplaces, and auction sites.
4.2.3. Physical advertising: public signage, trade shows, billboards, and any advertising within brick-and-mortar retail stores or other selling venues.
4.3. Displaying prices in emails, search engines, or ad placements on any website is considered advertising and must comply with the MAP Policy.
4.4. Websites that require customers to add products to a shopping cart to view prices that are lower than MAP are in violation of this policy.
4.5. Retailers are prohibited from making any statement on their website or any other platform that suggests or implies that a price lower than MAP is available at checkout.
4.6. Using another company's website to display prices below MAP and linking to the Retailer's website to facilitate the lower price is strictly prohibited.
5. Circumvention of MAP Policy
5.1. Any direct or indirect attempt to circumvent this Policy constitutes a violation.
5.2. Unless authorized by RidgeCrest Herbals; Prohibited actions include, but are not limited to:
5.2.1. Offering any discount, gift card, coupon, giveaway, rebate, or incentive (including special events or promotions) that effectively reduces the advertised price of a product below MAP.
5.2.2. Advertising bundles that include free or discounted RidgeCrest Herbals products (with or without other products) if the bundle's effect is to advertise the RidgeCrest Herbals product below MAP.
5.2.2.1. For bundles, the advertised price must equal or exceed the sum of the MAP of each RidgeCrest Herbals product and the MAP or SRP of any other product in the bundle. If a product in the bundle does not have a MAP, its regular retail price must be used for this calculation.
5.2.3 Advertising other products as giveaways with the purchase of RidgeCrest Herbals products, where the advertised value of the giveaway exceeds the MAP of the RidgeCrest Herbals product plus the MAP or SRP of the other product.
5.2.4 Advertising multipack offers where the multipack MAP is less than the quantity of product in the multipack multiplied by the respective MAP of the individual products.
6. Exclusions
6.1. In-store advertising that is displayed exclusively within the physical store location and not distributed to customers is not considered an "advertisement" under this Policy. This includes in-store displays, point-of-sale signs, hangtags, and bar codes or similar markings on products or packaging that only state the product's price.
6.2. RidgeCrest Herbals approved discontinued merchandise is excluded from this MAP Policy.
7. Pricing Above MAP
7.1. Retailers are free to advertise and sell RidgeCrest Herbals products at prices exceeding the MAP. This Policy establishes minimum advertised prices only and does not control pricing above MAP.
8. Policy Enforcement
8.1. RidgeCrest Herbals will monitor Retailer advertising to ensure compliance with this Policy.
8.2. RidgeCrest Herbals has the sole and absolute discretion to determine whether a violation of this Policy has occurred.
8.3. Retailers have no right to enforce this Policy against other retailers. RidgeCrest Herbals will not engage in communication with any Retailer or third party regarding violations of this Policy by other retailers.
8.4. If RidgeCrest Herbals determines that a Retailer has:
8.4.1. Violated any provision of this Policy; or
8.4.2. Engaged in any activity that RidgeCrest Herbals, in its sole discretion, deems to be designed or intended to circumvent the intent of this Policy.
8.5. RidgeCrest Herbals may take the following actions, applicable to all Retailers:
8.5.1. First Violation: Written warning to abide by policy within 24 hours.
8.5.2. Second Violation: Request to comply with the Policy within twenty-four (24) hours. RidgeCrest Herbals may also suspend the Retailer's account for thirty (30) days following notification of the violation.
8.5.3. Third Violation: RidgeCrest Herbals may cease doing business with the Retailer.
8.6. RidgeCrest Herbals reserves the right to take action under this Policy without prior notice to the Retailer.
9. Policy Modifications
9.1. RidgeCrest Herbals reserves the unilateral right to modify, suspend, or discontinue this MAP Policy, in whole or in part, at any time. RidgeCrest Herbals may also designate periods when the Policy terms are changed or are not applicable.
9.2. No RidgeCrest Herbals employee or agent has the authority to modify, interpret, or grant exceptions to this Policy for any Retailer.
9.3. Any attempted modification of this Policy or any agreement to deviate from it is invalid.
9.4. Any questions regarding this Policy must be submitted in writing to RidgeCrest Herbals. Info@rcherbals.com
10. Unilateral Nature of Policy
10.1. This MAP Policy is a unilateral statement of RidgeCrest Herbals' policy. It does not constitute an agreement between RidgeCrest Herbals and any Retailer or other party.
10.2. RidgeCrest Herbals is not seeking, and will not accept, any agreement or assurance of compliance with this MAP Policy from any Retailer or other party.
10.3. Compliance with this Policy is entirely voluntary, and each Retailer retains the discretion to comply or not comply.
10.4. This Policy is non-negotiable and will not be modified for any individual Retailer.
10.5. Although RidgeCrest Herbals has established a Minimum Advertised Price (MAP) policy, Retailers are ultimately responsible for setting their own resale prices to consumers, and this Policy does not control those prices. However, RidgeCrest Herbals unilaterally reserves the right to refuse future Purchase Orders (POs) from Retailers who sell below the stated MAP, regardless of whether those POs are submitted directly or through an authorized distributor.
10.6. MAP Updates: The current Minimum Advertised Prices (MAP) for all RidgeCrest Herbals products are provided in the "RidgeCrest Herbals MAP Pricelist." This document is maintained separately to allow for timely updates. Retailers can access the latest version by emailing: Info@rcherbals.com. It is the Retailer's responsibility to regularly consult this document to ensure compliance with the current MAP.