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Split Nutrition, LLC
splitnutrition.com
LEAD TIME POLICY
Split Nutrition maintains a lead time of 10 business days from the time of order. Shipment will likely be delivered before this window, but if you require guaranteed delivery prior to this lead time, we will pass along the expedited shipping expense.
MOQ POLICY
Minimum order quantity per order is 6 boxes, can be split upon mixed SKUs, unless otherwise agreed upon by Split Nutrition.
MINIMUM ADVERTISED PRICE POLICY
In order to protect Split Nutrition’s dealers, distributors, wholesalers and resellers (collectively, “Resellers”) from unfair competition and to protect Split Nutrition’s reputation for the highest quality products, Split Nutrition has unilaterally adopted the Minimum Advertised Price Policy set out below (the “Policy”) for all of its products (the “Products”). The Policy is designed to protect Resellers’ margins so that desirable pre-sales and post-sales services and infrastructure can be provided by Resellers and to avoid destructive intra-brand conflicts.
The Policy:
Unless otherwise directed in writing by Split Nutrition, no Reseller may advertise Product at a
price that is lower than the following suggested retail prices:
The Policy applies to all forms of Reseller advertising in any and all media, including, without limitation, websites or other electronic media, television, radio, public signage, flyers, posters, coupons, mailers, inserts, newspapers, magazines and catalogs. In addition, any price information relating to the Products on a website which can be accessed directly through any hypertext link or by any other method which uses the hypertext transfer protocol (http) is considered to be advertising for purposes of the Policy. For example, a “click for price” button on a website that displays a price lower than the suggested retail price is a violation of the Policy. The Policy, however, does not apply once an item is placed in a customer’s “virtual shopping cart” on a website, as once the pricing is associated with the end customer’s intent to purchase, the price is deemed a selling price rather than an advertised price and will fall outside the Policy. Further, electronic mail sent in direct response to a customer inquiry shall not be considered advertising for purposes of the Policy.
The Policy applies only to advertised prices. The Policy does not apply to the actual sales price of any Product and does not apply to the prices at which Products are offered for sale to customers within a Reseller’s retail location or over the telephone. Resellers remain free to sell the Products at any prices they choose.
The Policy does not establish maximum advertised prices. Resellers may offer a Product at a price in excess of the suggested retail price for the Product.
The Policy does not limit the ability of any Reseller to advertise that it has “the lowest prices”, that it “will meet or beat any competitor’s price” or that customers should “call for a price”, or from using phrases of similar import in its advertising, as long as the price advertised for a Product is not less than the suggested retail price for the Product.
The Policy applies equally to all Resellers.
Split Nutrition may, in its sole discretion, approve promotional opportunities that involve advertising Product at a price that is lower than the suggested retail prices in the Policy. Resellers interested in such promotional opportunities are invited to contact Split Nutrition at (855) 775-4801 orsales@splitnutrion.com. Notwithstanding the foregoing, unless otherwise directed in writing by Split Nutrition, no Reseller may advertise Product at a price that is lower than the suggested retail prices in the Policy.
Consequences of Violation of the Policy:
At Split Nutrition’s request, Resellers are required to provide a signed confirmation agreement (the “Confirmation Agreement”) to Split Nutrition. Any Reseller that has not provided a signed Confirmation Agreement to Split Nutrition promptly after Split Nutrition’s request is classified as an unauthorized Reseller and is in violation of the Policy.
Reseller understands that any violation of the Policy may or will be grounds for terminating the Reseller’s relationship with Split Nutrition. Resellers will be notified of any such violations and instructed to cease and desist all sales that are in violation of the Policy.
All violations of the Policy are required to be corrected within 24 hours of notice.
Split Nutrition, in its sole discretion, will determine if the Policy has been violated. Decisions of Split Nutrition are final and are not subject to appeal by any Reseller.
Authority:
The foregoing is a statement of Split Nutrition’s unilateral policy and expresses the terms upon which Split Nutrition will deal with Resellers. Split Nutrition does not seek, nor will it accept, any agreement or understanding with respect to the Policy or the prices any Reseller may advertise or charge at any time.
Split Nutrition reserves the right to unilaterally suspend, amend or adjust the Policy at any time with respect to all or certain Products, including, without limitation, where Split Nutrition discontinues certain Products or engages in promotions with respect to certain Products, in its sole discretion upon notice to Resellers. In addition, suggested retail pricing may be adjusted at any time by Split Nutrition, in its sole discretion, upon notice to Resellers. Such changes shall apply equally to all Resellers. Split Nutrition will notify a Reseller of changes to the Policy or suggested retail pricing by sending the change to the Reseller via email or posting such change to splitnutrition.com.
Notwithstanding anything set forth in the Policy, Split Nutrition reserves the right to unilaterally determine to which Resellers it will supply Products and may for any reason, without assuming any liability, refuse to accept new orders for any and all Products.
Please contact Split Nutrition at (855) 775-4801 orcontact@splitnutrion.comif you have any questions about the Policy.
CONFIRMATION AGREEMENT
This Confirmation Agreement (this “Agreement”) is made as of the date set forth below in favor of Split Nutrition, LLC (“Split Nutrition”) by the party signing this Agreement as a Reseller.
Split Nutrition places great value on the efforts of all its dealers, distributors, wholesalers and resellers (collectively, “Resellers”) to represent its products and support their customers. Split Nutrition’s Minimum Advertised Price Policy (the “Policy”) is intended to protect Resellers from unfair competition and to protect Split Nutrition’s reputation for the highest quality products. The Policy is designed to protect Resellers’ margins so that desirable pre-sales and post-sales services and infrastructure can be provided by Resellers and to avoid destructive intra-brand conflicts.
The undersigned Reseller acknowledges that it has been provided with a copy of, or otherwise has access to, the Policy and confirms that it will abide by the Policy.
ACKNOWLEDGED AND AGREED BY THE UNDERSIGNED RESELLER:
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