MAP Policy Effective Date: May 01, 2018
Effective July 10, 2018, Vitargo, Inc. (“Vitargo”) has unilaterally adopted this Unilateral Minimum Advertised Price Policy (“MAP Policy”) that shall apply to distributors, wholesalers and retailers, resellers, including internet retailers and any affiliated or related companies (collectively, “Resellers”) located in the United States that resell VITARGO® branded products to its end consumers on the Internet. This MAP Policy is just that, a unilateral policy and is not an agreement and we are not asking for (and will not accept) assent or agreement to this MAP Policy. All questions related to this MAP Policy should be directed to: compliance@Vitargo.com.
Vitargo has a history of providing the FASTEST BODY FUELtm products available. Our success is tied to the success of our partners and authorized resellers. At Vitargo, we know that many of our resellers invest significantly to deliver a supreme customer experience. In order to ensure our retailers can more effectively sell our products, continue to support our premiere VITARGO brand, and avoid channel conflicts, we have established this unilateral MAP Policy. Vitargo believes that its Resellers play an integral role in the success of the VITARGO products due in large part to the sales and marketing support they provide. Vitargo believes in maintaining a well-regulated and fair marketplace for all its authorized resellers.
The terms of our MAP Policy are as follows:
1. This MAP Policy shall apply to the VITARGO products set forth in Section 10. The minimum advertised prices may be adjusted by Vitargo at any time and within its sole discretion. This MAP Policy applies to minimum advertised prices. This MAP Policy does not set nor address a maximum advertised price.
2. A Reseller is free to advertise the VITARGO products at prices it determines. However, Vitargo reserves the right to select its authorized Resellers and approve supplemental marketing materials and point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs..
3. This MAP Policy does not limit the ability of the Reseller to set its own prices or in any way to set a Reseller’s actual selling prices for any VITARGO products.
4. The MAP Policy applies to all advertisements of MAP Products in any of the following formats:
- print format, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs;
- broadcast, including, but not limited to television and radio;
- public signage;
- websites, social media sites, apps, and any other media, website features, such as “click for price,” 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 (rather than by the customer);
- electronic transmissions, including, but not limited to e-mail, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms;
- Gift cards, coupons, points, or other incentives which are contingent on the purchase of a VITARGO product; and
5. The MAP Policy does not apply to:
- brick and mortar or on-premise or in-store advertising that is not distributed to a customer;
- in store displays, point of sale signs, hang tags or bar codes or other similar marks on the products which merely state the price of VITARGO;
- advertisements conveyed via a telephone call;
- to advertise that a customer may “call for price” or “email for price,” or to use similar language, specifically with respect to VITARGO products, so long as no price is listed; nor
- to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices or uses similar phrases; so long as the Reseller otherwise complies with this MAP policy.
6. If Vitargo determines, in its sole discretion, that a Reseller’s advertising is inconsistent with this MAP Policy or that it has violated this MAP Policy, Vitargo may provide written or verbal notice of the inconsistency to the Reseller and allow the Reseller a period of time to cure said breach, cancel pending orders and cease filling new orders for a period of time, remove it as an authorized Reseller, and/or terminate its business relationship with such Reseller.
7. The MAP Policy will be enforced by Vitargo in its sole discretion and without notice. Vitargo is solely responsible for determining whether a violation of the MAP Policy has occurred. Resellers have no right to enforce the MAP Policy. Vitargo utilizes online price-monitoring software to swiftly alert retailers and distributors of MAP Policy violations. Resellers are expected to provide reasonable cooperation in any Vitargo investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with Vitargo MAP Policy investigation is a violation of this MAP Policy.
8. Vitargo may, in its sole discretion, modify or discontinue the MAP Policy by notifying the Resellers.
9. Vitargo may offer promotions and discounts for the Products that may lower than the prices set forth in section 10 of this MAP Policy
10. Resellers of VITARGO products shall provide a copy of the current version of the MAP Policy to their Reseller customers. If it comes to Vitargo’s attention that any of Reseller’s customers’ actions are inconsistent with this Policy, the Reseller shall no longer be authorized to supply Products to such Reseller customer until such time as the Reseller’s customer is complaint with the MAP Policy.
11. MAP Pricing
- 20 Scoops (Fruit Punch, Grape, Mango, Lemon Lime, Orange, Plain and Watermelon) $34.99
- 50 Scoops (Fruit Punch, Grape, Mango, Lemon Lime, Orange, Plain and Watermelon) $64.99