Authorized Retailer & MAP Policy

This Authorized Retailer Minimum Advertised Price (“MAP”) Policy (“Policy”) governs how Luminary Brands, Inc. products (“Products”) are advertised by retailers and partners. By purchasing, acquiring, holding for sale, or selling Products, you acknowledge receipt, understanding, and intent to comply with this Policy. Luminary Brands, Inc. may update this Policy at any time with reasonable notice by posting revisions on its websites and/or providing written notice to brokers, distributors, and retailers.

1. Authorized Retailers

An Authorized Retailer (“Retailer”) is any person or entity that obtains Products for resale directly from Luminary Brands, Inc. or through established and approved distributor/broker channels. Retailers:

• May sell Products only within North America unless Luminary Brands, Inc. provides prior written approval for other territories.
• May not sell Products on any internet auction sites (e.g., eBay).
• Agree to follow this Policy when advertising Products for sale to end customers.

Unauthorized retailers have no rights to sell Products under any circumstance.

2. MAP Policy

Retailers are free to establish their own resale prices; however, Products may not be advertised—expressly or by implication—at a price lower than the current Minimum Advertised Price (MAP) published by Luminary Brands, Inc., except as expressly stated in this Policy. MAP applies to advertising in all media, including but not limited to print, broadcast, catalog/direct mail, outdoor, and internet/electronic media.

Any price information on an internet site accessible via HTTP/HTTPS (or similar protocols) is considered advertising under this Policy. MAP applies to all internet pages and references, except pricing shown solely on final invoices or the final checkout page displaying a consumer’s purchase total at the end of the online purchase process.

General price claims like “lowest prices,” “we meet or beat any price,” or “call for price” do not violate MAP so long as Products are not advertised—expressly or by implication—below MAP. Examples of violations include: “free” or “discounted” representations where shipping/handling offset a below-MAP price; “priced too low to show”; “prices so low we can’t publish them”; “instant rebates”; strike-throughs below MAP; and coupons or promo codes that display pricing below MAP prior to final checkout.

Exclusions: MAP does not apply to prices displayed by distributors to wholesale customers, nor to non-internet price displays related to sales at a physical retail location where consumers can buy and take immediate delivery.

3. Enforcement

Without assuming any liability, Luminary Brands, Inc. may cancel orders, refuse new orders (indefinitely), advise distributors to refuse orders, and/or terminate relationships with any Retailer that advertises or offers any Product below MAP. When determining whether a price falls below MAP, the value of “free” or “discounted” items, shipping, coupons, and rebates may be considered.

From time to time, Luminary Brands, Inc. may suspend MAP—at its sole discretion—upon published notice to Retailers for specific purposes. Luminary Brands, Inc. also reserves the right to advertise its own Products directly to consumers at any price at any time.

4. Unilateral Policy

This Policy is not an agreement or an offer to form an agreement with any Retailer; it unilaterally describes conditions under which Luminary Brands, Inc. may choose to supply or sell Products. Each Retailer is free to decide whether to follow this Policy.

Questions should be directed to: Tim Schaeffer, 165 1st St., Petaluma, CA 94952, or tim@luminarybrandsinc.com.

5. MAP Chart

Luminary Brands, Inc. may change or modify MAP and the MAP Chart for any item at any time, effective upon publication on the applicable brand site or written notice to Retailers. In all cases, MAP shall be no less than the Manufacturer’s Suggested Retail Price (SRP) as of the time the price is advertised to customers.

Andalou Naturals — Full MAP (SRP) Table