Effective July 1, 2019, Curated Healthy Energy Foods, Inc. (“CHEF, Inc.”) has unilaterally adopted this Unilateral Minimum Advertised Price Policy (hereinafter referred to as “MAP Policy”) for all Quantum Energy Square branded products. This MAP Policy shall apply to distributors, wholesalers and retailers, including internet retailers (collectively, “Resellers”) that resell Quantum branded products (collectively, the “Products”) to end users located in the United States.
The terms of our MAP Policy are as follows:
1. The MAP Policy shall apply to the Products listed in the MAP product listings included at the end of this document. Minimum advertised prices under the MAP Policy are established by CHEF, Inc. for selected Quantum branded products and may be adjusted by CHEF, Inc. at its sole discretion.
2. Our MAP Policy does not apply in any way to a Reseller’s actual selling prices. Rather, the sales prices for any and all Products remain wholly within the Reseller’s discretion. Further, we do not ask for, nor will we accept, your agreement or assent to our unilateral MAP Policy.
3. The MAP Policy applies to all advertisements of selected Quantum branded 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, including websites, e-mail newsletters, e-mail solicitations, television, radio, and public signage. The MAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer. In-store displays, point of-sale signs, hangtags or bar codes or similar marks on Quantum branded products or Product packaging which merely state the price are not considered “advertising” for purposes of this MAP Policy. For purposes of this MAP Policy, “advertising” prices on internet sites includes, without limitation, displaying a price for any Product, together with a picture, description or listing of the Product. It also includes a Product price displayed on a “checkout” or “shopping cart” page. It is not inconsistent with the MAP Policy, however, for a dealer/distributor to use such statements on its website as “we offer low prices” or “contact us for our price.”
3a. Sales of Quantum branded products through Amazon are permitted only with prior written permission from Curated Healthy Energy Foods, Inc. Permission reviews are on a case-by-case basis, and requests must be submitted in writing to contact@QuantumSquares.com.
4. Bundling or including a free or discounted Quantum Energy Square Product with another Quantum Energy Square Product covered by this MAP Policy is not inconsistent with this MAP Policy.
5. If pricing is displayed in advertising, any strike-through or other alteration of the Minimum Advertised Price is inconsistent with our MAP Policy.
6. The MAP Policy does not address maximum advertised prices. It is not inconsistent with this MAP Policy for Resellers to advertise Products at any price in excess of the MAP established for such Products.
To be consistent with the Policy, Internet auctions may not display or have reserved bid or other acceptable prices below the MAP price.
7. The MAP Policy does not in any way address or limit the ability of any Reseller to advertise that they “have the lowest prices” or “will meet or beat any competitor’s price,” or that consumers should “call for a price” or phrases of similar import as long as any price advertised for the Products is not less than MAP.
8. From time to time CHEF, Inc. may, in its sole discretion, initiate promotions for Products covered by the MAP Policy. In this regard, CHEF, Inc. may initiate promotions covering Products that are being discontinued or because they are just being released. In such events, CHEF, Inc. reserves the right under the MAP Policy to modify or suspend the MAP Policy with respect to the affected Products by notifying all Resellers in writing of such changes at least seven (7) days in advance. CHEF, Inc. further reserves the right to adjust the MAP Policy with respect to all or certain Products, in its sole discretion, at any time upon seven (7) days written notice to all Resellers.
9. A Reseller is, of course, free to advertise Products at prices it determines. However, CHEF, Inc. reserves the right to select its customers. Therefore, in cases in which CHEF, Inc. determines, in its sole judgment, that a Reseller’s advertising is inconsistent with our MAP Policy, we will immediately provide written notice of the inconsistency to the Reseller. If after twenty-four (24) hours the Reseller’s price advertising continues to be inconsistent with our MAP Policy, CHEF, Inc. will suspend the acceptance and fulfillment of orders submitted by the Reseller for a forty-five (45) day period. If at the end of that forty-five (45) day period, the Reseller’s advertised pricing continues to be inconsistent with the MAP Policy, or should a subsequent inconsistency occur with respect to the Reseller’s advertised pricing within twelve (12) months of the earlier inconsistency, CHEF, Inc. shall reserve the right to terminate its business relationship with such Reseller.
10. The foregoing MAP Policy and any MAP Product Listings are subject to modification or discontinuance by CHEF, Inc., in its sole and absolute discretion, in accordance with the notice provisions set forth in Section 8.
11. Distributors or wholesalers of Quantum Energy Square Products shall supply copies of the current version of the MAP Policy to each of their new or existing Reseller customers. Upon receipt of notice from CHEF, Inc. that a Reseller customer’s advertised prices are inconsistent with this Policy, a distributor or wholesaler Reseller shall no longer be authorized to supply Products to such Reseller customer until such time as CHEF, Inc. advises the distributor or wholesaler Reseller that it may do so.
We believe that our unilateral MAP Policy is clear and unambiguous. Should you have any questions regarding the Policy, however, please direct them to your designated Quantum product sales representative.
No employee or sales representative other than the company President has any authority to modify this Policy and any action of any person, which claims to modify this Policy or to solicit or obtain the agreement of any person to the Policy, is unauthorized and invalid.
Effective as of May 15, 2020
If a Quantum Branded Product does not appear on the MAP Policy listing below, then no Minimum Advertised Price Policy applies to the Product. All prices are in USD currency.
|Brand||Product||Description||Size||SRP Price*||MAP Price*|
|Quantum||Energy Square||All Flavors||Box of 8 bars||$24/Box||$20.00/Box|
|Quantum||Energy Square||All Flavors||Single Bars||$3.00/Bar||$2.50/Bar|
*Shipping, tax or other fees are not included in SRP or MAP prices.
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