Minimum Advertised Pricing Policy

LAST UPDATED: NOVEMBER 1, 2021

ZenToes, LLC (the “Company”) has adopted a unilateral minimum advertised pricing policy (“MAP”), effective January 1, 2021, that shall apply to all Retailers of the Company’s MAP Designated Products.  A “MAP Designated Product” shall be any product listed on the attached Exhibit A, as it may be amended from time to time in the Company’s sole discretion. 

The MAP for all MAP Designated Products shall be listed on the attached Exhibit A.  MAP pricing is established by the Company for all MAP Designated Products and may be adjusted by the Company from time to time in its sole discretion.

The MAP Policy applies to all advertisements of MAP Designated Products in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio, and public signage.  The MAP Policy is not applicable to any in-store advertising that is not distributed to consumers outside the store, offers to sell over the telephone, or final sale prices first disclosed to consumers in “shopping carts” in web-based sales.

MAP applies only to minimum advertised prices and does not apply to the price at which the products are actually sold, or to advertised prices higher than the MAP prices established by the Company from time to time.  The MAP Policy does not in any way limit the ability of any Retailer or Authorized Reseller to advertise that “they have the lowest prices” or, they “will meet or beat any competitors price”, that consumers should “call for a price” or phrases of similar import as long as the price advertised or listed for the products is not less than MAP.

The advertising of any coupon or additional discount offerings (applied to the immediate or future sale) is considered to be part of the advertisement of the product. If the advertised coupon or discount offering brings the value of the ZenToes product below the MAP price, this will be deemed in violation of the policy, regardless of whether they are directly associated to the ZenToes product or provide a blanket discount for all products within a store, catalog or internet site.

From time to time the Company may discontinue models or engage in promotions with respect to certain products.  In such events, the Company reserves the right, in its sole discretion, to modify, suspend or terminate the MAP with respect to some or all of the affected products upon 15 days’ advance notification of such change.

Intentional or repeated failure to abide by this Policy will result in termination of Retailer status promptly following verification of such failure by the Company.  The Company does not intend to do business with Retailers who degrade the image of the Company and its products. This Policy is also in place to promote competition among Retailers by incentivizing Retailers to offer better customer service. The Company will not provide prior notice or issue warnings before taking any action under this MAP Policy.

If you have any questions, please contact Melissa Boerema (the “MAP Coordinator”) at melissa@zentoes.com.  The MAP Coordinator is the only Company representative authorized to answer questions regarding this MAP Policy and to comment on it, and to whom all questions regarding the Policy or its implementation must be addressed.  No other Company employee or agent is authorized to discuss this MAP Policy. 

PLEASE REVIEW THIS DOCUMENT CAREFULLY AND COMMUNICATE IT TO ALL INDIVIDUALS WITHIN YOUR ORGANIZATION.  IT GOVERNS CERTAIN CONDITIONS OF SALE FOR FUTURE ORDERS.