Starwest Botanicals, LLC. (hereafter, “Starwest Botanicals”) is the owner of the Starwest Botanicals brand. This Minimum Advertised Price (MAP) Policy has been established by Starwest Botanicals to ensure consistent pricing across all distribution channels, maintain our brand’s premium positioning, and enable our customers to compete fairly. We are committed to providing our products at prices that reflect their quality and our reputation in the market.
Effective immediately, this MAP Policy applies to all distributors, resellers, and retailers (“Resellers”) that sell Starwest Botanicals products on the internet.
This MAP Policy is unilateral, non-negotiable, and not subject to approval by Resellers. This MAP Policy will not be altered for any Reseller for any reason whatsoever. Further, this MAP Policy applies to advertised prices only and not the final resale prices at which the Covered Products are sold. All Resellers remain free, and independently have the sole discretion, to sell the Covered Products at any price they choose.
1. Covered Products
All Starwest Botanicals products listed in our latest Price List are covered by this MAP Policy (“Covered Products”). The Price List is available upon request or through your Account Manager. Starwest Botanicals may make changes to the Price List at any time and at its sole discretion.
2. Scope of the MAP Policy
Effective immediately, this MAP Policy applies to all distributors, resellers, and retailers (“Resellers”) that sell Starwest Botanicals products on the internet. This MAP Policy also applies to advertising of Covered Products made on the internet, including company websites and third-party marketplaces. These requirements also apply to all forms of advertising that may have a direct or indirect effect of discounting the advertised prices of Covered Products such as rebates, gifts, gift cards, multipacks, or bundling. For purposes of this MAP Policy, the term “advertising” means any physical or electronic communication, promotion, broadcast, publication, or ad campaign of the Covered Products with respect to their sale made in any and all media, including but not limited to periodicals, television, radio, email, websites, newspapers, magazines, catalogs, flyers, coupons, smartphone applications, text messages, blogs, affiliate marketing networks, sponsored links, and social media.
Resellers may offer coupons, discounts, or incentives. However, if the discounted price makes the Covered Product fall below the approved minimum advertised price, then the discounted price cannot be advertised.
3. MAP Pricing Standards
Resellers may not advertise the Covered Products, on the internet, below the minimum advertised prices published in the Price List. For clarity, Resellers may advertise products above the minimum advertised prices but cannot advertise below the MAP across any media or sales channels as outlined in Section 2 (Scope of the MAP Policy).
4. Exemptions
Website features such as “click for price,” “see price in cart,” “add to cart for best price,” and listed prices visible in online “shopping cart” are exempt from this MAP Policy, as this pricing is not publicly visible before selection.
Starwest Botanicals may, from time to time, announce promotional periods during which the MAP Policy will not apply with respect to all or some Covered Products.
5. Auction Websites
For auction websites, such as eBay, the opening bids must be listed at a price equal to, or greater than, the minimum advertised prices published in the MAP Price List.
6. Bundling and Multipacks
Resellers are prohibited from advertising bundles composed of Starwest Botanicals products and non-Starwest Botanicals products. Such commingling of brands creates the false impression that the non-Starwest Botanicals products are made by, endorsed by, or associated with Starwest Botanicals. Resellers are further prohibited from creating bundles, or multipacks, of Starwest Botanicals products without prior written consent from Starwest Botanicals.
7. Business Names Disclosure
Resellers must disclose to Starwest Botanicals all business names, assumed names, online seller profiles, and websites used in connection with the sale of the Covered Products on the internet, including contact information.
8. Monitoring and Enforcement of MAP Violations
Starwest Botanicals actively monitors advertised pricing to ensure compliance with this MAP Policy. It is a violation of this MAP Policy for Resellers to advertise the Covered Products at prices lower than the minimum advertised prices published in the MAP Pricing List. Any activity that by design or operation circumvents the intent of this MAP Policy is considered a violation.
Starwest Botanicals will issue violations to Resellers who fail to follow this MAP Policy, which will increase in severity if a Reseller fails to cure the violations.
This MAP Policy is not intended to restrict Starwest Botanicals’ right to change its decisions regarding Resellers and others with whom it will do business. Depending on the severity of the violation, or the response from a Reseller when notified of a violation, Starwest Botanicals may immediately cease doing business with the Reseller. Repeated violations of this MAP Policy are grounds for terminating a Reseller’s relationship with Starwest Botanicals.
The failure by Starwest Botanicals to issue a violation or enforce this MAP Policy at any time does not constitute a waiver of its right to enforce the MAP Policy for future violations.
9. Multiple Online Stores
A violation issued to a Reseller who owns multiple online stores, online seller profiles, or websites will be treated as a violation by all its online stores, online seller profiles, and websites.
10. Policy Administration
Starwest Botanicals may update, modify, suspend, or terminate this MAP Policy, and the MAP Price List, at any time in its sole discretion. No Starwest Botanicals employee has authority to negotiate, modify, or alter this MAP Policy. Starwest Botanicals employees may not solicit or obtain the agreement of any person to this MAP Policy or discuss any aspect of this MAP Policy with any Reseller. Any questions about this MAP Policy must be submitted in writing to the Policy Administrator at brandprotection@starwest-botanicals.com
This policy supersedes all prior Starwest Botanicals policies or communications regarding its minimum advertised prices.
