ThreoTech LLC Policies
ThreoTech United States Minimum Advertised Pricing Policy
ThreoTech recognizes and values that its customers are key partners in delivering our ingredients to consumers to help consumers achieve their personal goals for health and wellness. ThreoTech acknowledges that our customers make significant investments in education, training, service, product quality, distribution, and marketing in order to deliver the best possible consumer experience and to enable consumers to make smart, informed, and empowered decisions about their personal wellness journeys.
To help support margins for our customers that are commensurate with and enable the continuation and growth of these investments, to protect ThreoTech’s brand(s), and to maintain brand equity of ThreoTech’s ingredients through advertising, education, and quality customer service, ThreoTech, in its unilateral and sole determination, has established this Minimum Advertised Price Policy (the “MAP Policy”) for the advertising and marketing of finished products containing ThreoTech’s ingredients in the United States. This MAP Policy supersedes any and all prior similar policies of ThreoTech. To the extent that any ThreoTech TMLA, MSSA or other agreement between THREOTECH and a customer contains any terms regarding minimum advertised pricing requirements, such terms are hereby waived and no longer of any force or effect.
For avoidance of doubt, this MAP Policy only applies to advertised prices. It does not apply to or restrict resale prices. Our customers may resell finished products containing ThreoTech ingredients at any price they choose in their own unilateral discretion. For sales made on or through web-based platforms, ThreoTech considers any price displayed or indication of potential discount that a consumer sees before placing the item in a shopping cart to be an advertised price. However, discounts and prices applied after an item is placed in a shopping cart are not considered to be advertised prices subject to this MAP Policy.
The MAP Policy advertised pricing schedule in effect as of February 1, 2025 is set forth on the attached Schedule A. ThreoTech may change this schedule at any time in its sole and absolute unilateral discretion. ThreoTech will provide at least thirty (30) days’ advance notice of any such changes.
The MAP Policy will be strictly enforced. The first violation will result in a written reprimand and warning. If not remedied within thirty (30) days, a second violation will be issued, resulting in a temporary cutoff of access to the relevant ThreoTech ingredient for a time period that ThreoTech shall determine in its sole and absolute unilateral discretion. If the second violation is not remedied within thirty (30) days, a third violation will be issued, resulting in a permanent loss of access to the relevant ThreoTech ingredient and cancellation of related TMLA and MSSA for material breach.
This MAP Policy is a unilateral statement of ThreoTech’s requirements concerning the advertising practices of customers to which ThreoTech chooses to sell its ingredients for use in a finished product. It is not the purpose of this MAP Policy to restrict, coerce, force or reach agreement with a customer to charge a particular price for any finished product containing ThreoTech ingredients. The MAP Policy is not a contract or an offer to form a contract, agreement or any other form of mutual understanding. Rather, the MAP Policy describes a term under which ThreoTech may, in its sole and absolute unilateral discretion, choose to sell its ingredients for use in a finished product subject to the MAP Policy. This MAP Policy is non-negotiable, and it will not be altered for any customer.
Questions regarding this MAP Policy should be submitted to the following email address: [email protected]. ThreoTech will not accept questions regarding the MAP Policy through any other channel. ThreoTech sales representatives are not authorized to discuss the MAP Policy and have been expressly instructed not to do so. The sole individual at ThreoTech authorized to discuss the MAP Policy is Rory Lipsky, SVP Marketing.
Schedule A
1. Buyer must have a minimum advertised retail price program for their Magtein-containing finished products of $29.95 for a 30-day supply, sold either directly (3P) or indirectly (1P)
2. If the finished product is at any time sold through distribution or wholesaler and then also resold at the retail level, Buyer must incorporate a chain of custody, in which the Buyer is responsible for ensuring the end reseller/s abide by the MAP policy. Resellers include third-party resellers on marketplace sites as well as Buyer selling via wholesale to e-commerce websites.
3. The MAP price must be $17.95 for a 15-day supply, if pre-approved via the TMLA, whether sold directly (3P) or indirectly (1P).
4. Prior approval for any additional day-supplies to be approved by ThreoTech via the Magtein TMLA (Exhibit D)
a. 90-day supply MAP must be $82.95
b. 60-day supply MAP must be $56.95
c. 45-day supply MAP must be $44.95