Minimum Advertised Price

Zesty Paws, LLC (“Zesty Paws”) strives to provide all authorized resellers of Zesty Paws with the service, knowledge, and support necessary to maintain our 100% satisfaction guarantee for consumers purchasing Zesty Paws products. Certain types of advertising and discounting can affect our goodwill and is damaging to Zesty Paw’s standards and reputation. Therefore, Zesty Paws has instituted this Minimum Advertised Price Policy (this “MAP Policy”), which apply to all categories of retailers, distributors, dealers and other resellers of Zesty Paws products (“Resellers”). Zesty Paws reserves the right at any time to modify, suspend or discontinue this MAP Policy, and each Reseller is responsible to contact Zesty Paws for the most current information and agrees to review the policy regularly to ensure its continued compliance. Distributors are responsible for ensuring that Resellers in their purchasing network comply with such policies.
MAP Policy
A Reseller may not advertise the price of Zesty Paws products at discount below the MAP prices determined by Zesty Paws from time to time without prior written permission (by email being sufficient) from Zesty Paws for stated SKUs, discount allowable, and timeframe. A current list of covered products and their policy prices are attached in Schedule A and will be communicated to each Reseller on a periodic basis. Zesty Paws has determined such policy prices independently and not through any discussion or coordination with any of its retail partners. This MAP Policy shall apply at all times regardless of whether any other Reseller may at any time be non-compliant. Zesty Paws may, from time to time, engage in cooperative promotions, including without limitation brick-and-mortar or online-only promotions, with respect to certain products and Resellers. In such events, such approved offerings will not be deemed to violate this MAP Policy, but approval will always be documented in writing to the Reseller prior to the event.

This MAP Policy applies only to a Reseller’s advertised prices and does not apply to the price at which Zesty Paws products are actually sold or offered for sale within the retailer’s retail location. “Retail location” is defined as the physical place where end-users can physically buy and take immediate delivery of Zesty Paws products. The final sales price shall at times remain 100% at a retailer’s sole discretion. This MAP Policy does not establish maximum advertised prices, and all Resellers may advertise Zesty Paws products at any price in excess of the MAP.

This MAP Policy applies to all advertisements of Zesty Paws products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, internet or similar electronic media, television, radio, and public signage. For purposes of this MAP Policy, “paid Internet advertising” is the advertising paid for by a retailer to promote its prices for Zesty Paws products on the Internet on, but not limited to, shopping comparison websites, auction websites, banner/display advertising on third party websites, Internet marketplaces, other Internet landing pages/lead capture pages that are not within a retailers’ own website (including affiliate websites), or Internet search optimization results that a retailer pays a third Zesty Paws MAP Policy 2 party entity to ensure that its Zesty Paws products are highlighted/prominently displayed in search engine results or in the “paid advertisement” sections of a search engine results page. This MAP Policy does not apply to Internet advertised prices or “percentage off” figures that are displayed only on “checkout,” “shopping cart,” or “too low to show” pages that are linked to the main pages upon which the Zesty Paws products are primarily displayed. An “advertisement” shall not include any in-store advertising that is displayed only in the store and not distributed to any customer. In-store displays, point-of-sale signs, hangtags or bar codes or similar marks on products or product packaging that merely states the related product’s price are not considered “advertising.” Discontinued merchandise approved by Zesty Paws are excluded from this MAP Policy.

Direct or indirect attempts to circumvent this MAP Policy will be considered a violation of this MAP Policy. Such attempts may include, but are not limited to:

The use of any discount, gift card, coupon, giveaway, rebate offer or incentive (whether in the form of a special event, promotion, condition to doing business or otherwise) in any advertising by a Reseller where the cumulative effect is to reduce the advertised price of any product(s).

Advertisements that bundle or include free or discounted Zesty Paws products with other products or services (whether or not manufactured by Zesty Paws) if such bundling has the effect of discounting the advertised price of the Zesty Paws product below the MAP. In the case of bundles, the advertised price of the bundle must be equal to or greater than the total of the MAP of each product (from Zesty Paws or from other manufacturers) in such bundle. If other products in the bundle do not have a MAP, then retail prices must be used. Other products may be advertised as giveaways with the purchase of any Zesty Paws, but the advertised value of such giveaway shall not exceed the MAP price for Zesty Paws plus the MAP or SRP of the other product.

For multipack offers the MAP of the multipack is the quantity of product in the multipack multiplied by the respective MAP of the products that comprise said multipack.
Unilateral Action
This MAP Policy does not constitute an agreement between Zesty Paws and any Reseller or other party. Zesty Paws is not seeking, and will not accept, any agreement or other assurance of compliance from any Reseller or other party to adhere to this MAP Policy. It is entirely within the discretion of the Reseller whether to comply or not comply. This MAP Policy is non-negotiable and will not be modified for any Reseller. The Policy is not intended to control, influence, determine, limit, or affect in any way the actual prices at which Resellers ultimately sell Zesty Paws products to its customers. This MAP Policy is strictly limited to restrictions on advertised prices. Each Reseller remains free to determine its own resale price for Zesty Paws products.
Enforcement
This MAP Policy will be enforced by Zesty Paws in its sole discretion and without notice. Violations of this MAP Policy may result in sanctions up to and including termination of our business relationship, as well as any available remedies at law. Zesty Paws, may, at its own discretion, stop supplying products to any Reseller found to be in violation of either of these policies. All questions related to this MAP Policy should be directed by email to: sales@zestypaws.com.