Diggin’ Your Dog and Super Snouts Hemp Co. (“The Company”) are unparalleled leading innovators of effective health products for pets. Its brands include Diggin’ Your Dog, Super Snouts Supplements, Stash Treat Co. and Super Snouts Hemp Company. With grassroots beginnings and an ongoing philosophy, The Company has built a trusted reputation for providing innovative products that work and support retailers who invest in educating customers. To further preserve the value of The Company’s brands and to properly and effectively position products in today’s market, The Company is announcing that, effective September 1, 2020, it will institute the following unilateral Internet Minimum Advertised Price (“IMAP”) Policy for all Online Retailers (“Retailer” or “You”) located in the United States:
- This policy has been unilaterally adopted by The Company and covers all of its branded products (“Covered Products”). The Company has determined that its Covered Products should not be advertised on the internet at a price less than The Company’s retail price (MSRP) per The Company’s price list (the “Designated IMAP Price”).
- This IMAP Policy is non-negotiable and does not constitute an agreement between The Company and any Online Retailer. The Company is not seeking, and will not accept, a response or any assurance of compliance from an Online Retailer.
- This Policy applies to internet advertised prices (“Internet Advertised Price”). An Internet Advertised Price is the price that a Retailer advertises on the internet for The Company’s products in Online Retailer-initiated media messages aimed at the general public. By way of example, Internet Advertised Prices displayed on the following are covered by the Policy:
- Any website accessible to the general public, including traditional retailers, e-tailers, vendors, portals, shopping sites, auction sites, any webpage with a shopping cart prior to sale, or any link to a web-based shopping cart;
- Banner, pop-up, and pop-under advertisements;
- Sponsored links, websites operated by, affiliated with, or linked to a retailer’s website(s), including links from within the body of an e-mail advertisement that direct the recipient to a website accessible to the general public;
- A “click for price,” “view price in cart,” “mouse over for price,” or “add to cart for lowest price” button, or any other device directing potential customers to place the product in a cart for the lowest price. This Policy also applies to webpages directing potential customers to call or email for best price;
- Advertising or selling on Walmart.com and Jet.com is strictly prohibited.
- This Policy does not apply to “non-internet advertisements”, “price quotes”, or “sales prices”, as those terms are defined below.
- “Non-internet advertisement” is a Retailer-initiated media message and/or message aimed at the general public through a medium other than the internet. For example:
- Print advertising, including newspapers, magazines, print inserts, coupons, and brochures for a brick and mortar retailer;
- Broadcast advertising for events, including radio and television;
- Direct advertising, including catalogs, newsletters, direct mail pieces, flyers, whether mailed, hand delivered, or shipped in-box with product;
- E-mail advertisements sent to individual customers. Note, however, that (i) blast emails and (ii) links from within the body of an e-mail that direct the recipient to a website that is accessible to the general public are both prohibited and covered by the Policy;
- A “price quote” is the price that a Retailer communicates to a particular customer who inquiries about The Company’s products, whether the inquiry or the quote was transmitted orally, by telephone, by email, or by letter;
- A “sales price” is the price that a customer pays a Retailer for The Company’s products, netted down to account for any discounts or other consideration from the Retailer or periodic promotions from The Company and /or its authorized distributors. Sales prices may be subject to The Company’s approval.
- A violation of this IMAP Policy shall be determined by The Company in its sole discretion and The Company reserves the right to enforce this policy as it deems appropriate.
- The enforcement of this Policy may be undertaken by The Company and/or authorized distributors when it determines that the policy has been violated.
- The Company reserves the right, in its sole discretion, to discontinue doing business with any online Retailer that violates the Policy.
- The Company reserves the right to cancel any pending orders, refuse to accept new orders, or suspend an Online Retailer’s account if the Company reasonably believes a violation of the Policy has occurred and attempts to correct the violation have been unsuccessful.
- In cases of suspended accounts, The Company is not responsible for, will not accept returns of or provide credit for any Retailer’s existing inventory of Covered Products.
- The Company has created a certain limited exception to this IMAP Policy. Internet Advertised Prices for the following product categories are not subject to this Policy: Authorized promotions. From time to time, The Company may authorize Retailers to advertise specific products on the internet at a price below the Designated IMAP Price for a specified period of time.
- The Company may revise this IMAP Policy or its price list at any time and in any respect. When and if it does, best efforts will be made to provide those revisions to You. However, The Company takes no responsibility for ensuring that You receive updates or revisions to the IMAP policy and IMAP prices. The latest versions will be available to You on both of The Company’s website at www.DigginYourDog.com/IMAP and https://supersnoutshempcompany.com/imap/
- If You are in doubt as to whether You are in compliance with the Company’s IMAP Policy, we encourage you to contact the Company’s Internet Minimum Advertised Price Policy Administrator by email at Info@DigginYourDog.com.
- The Company has implemented this IMAP Policy in accordance with its right to choose the Customers with whom it wishes to work. Just as a Customer may cease purchasing The Company’s products at any time and for any reason, The Company reserves its right to cease doing business with any Customer in violation at any time.
- The Company reserves the right to change, amend or terminate this Policy in its sole discretion at any time and without prior notice. This IMAP Policy supersedes all prior policies established by The Company on the same subjects.
- This Policy only concerns the Internet Advertised Prices of The Company’s Covered Products. All other terms and conditions of sale remain in effect, as do any other distribution policies provided to You.
We greatly appreciate your support and compliance concerning the IMAP policy.