MI5.9Advantice Health, LLC UNITED STATES OF AMERICA

Dear Authorized Seller:

As you know, Advantice Health, LLC (“Advantice Health”) has a unilateral Minimum Advertised Price Policy (“MAP Policy”), which applies to all authorized resellers of Advantice Health products (collectively, the “Products”) in the United States. Under the terms of the MAP Policy, Advantice Health reserves the right to update the MAP Policy at any time in its sole discretion.

Please be advised that Advantice Health is updating its minimum advertised pricing for its Products. A copy of that updated MAP Policy, including an updated MAP Schedule, which will be effective on May 1, 2023, is attached for your review and reference. In the interim, our current MAP Policy will remain in effect.

The MAP Policy does not constitute an agreement between Advantice Health and any other entity. Advantice Health does not solicit and will not accept any assurance of compliance with the MAP Policy from any reseller or other party.

If you have any questions about these updates or the MAP Policy in general, please email our MAP Policy Administrator at map@advanticehealth.com. Thank you in advance for your cooperation and assistance.

Sincerely,

Advantice Health, LLC

MINIMUM ADVERTISED PRICE POLICY

Effective Date: December 10, 2021
Last Updated: May 1, 2023

1. Purpose

There are certain advertising practices that undermine the reputation, brands, goodwill, and premium image of Advantice Health, LLC (“Advantice Health”) products with our target consumer retail population and discourage our sellers from investing in our products and providing the best possible service and support to customers. To protect the integrity of our brands, we are implementing this unilateral United States of America Minimum Advertised Price Policy (“Policy”), which applies to all authorized sellers (“Sellers”) of our products selling to end user consumers in the United States. This Policy is effective May 1, 2023 and supersedes all of our prior policies or representations regarding minimum advertised prices or minimum resale prices for the Covered Products (as defined below) applicable to Sellers.

2. Covered Products

This Policy applies to advertisements of our products listed on the Advantice Health MAP Schedule (“Covered Products”), the current version of which is attached. The MAP Schedule will be made available to all Sellers and may be changed by us at any time in our discretion. Sellers are responsible for reviewing the current MAP Schedule, but we will work to promptly notify Sellers when updates are made to it.

3. The Minimum Advertised Price

The “minimum advertised price” (“MAP”) is the lowest price at which the Covered Product may be advertised. We are solely responsible for (1) establishing the MAP for each Covered Product and (2) communicating the MAP to all Sellers. While Sellers remain free to advertise and sell all of our products (including the Covered Products) at any price, it is a violation of this Policy for a Seller to advertise any Covered Product at a price lower than the MAP.

4. Advertising and Advertisements

For purposes of this Policy, the terms “advertising” and “advertisement” include all promotional or pricing information of Covered Products displayed in any type of media, including, but not limited to:

  • newspapers
  • catalogs
  • magazines
  • flyers
  • brochures
  • television
  • radio ads
  • billboards
  • outdoor signage
  • websites
  • blogs
  • social media
  • affiliate marketing networks/comparison shopping engines
  • seller-initiated text messages or emails to customers or prospective customers
  • mobile/smart phone applications
  • banner ads
  • online product ads
  • paid search ads
  • pay-per-click ads
  • display ads
  • mobile ads
  • product listing ads
  • sponsored links
  • ads in any other media in a digital format that is conveyed via the Internet
  • any other marketing or promotional materials, whether displayed online, through broadcast, or other media


The terms “advertise” and “advertisement” do not include
:

  • Signage displayed within a brick-and-mortar selling location; and
  • Pricing information displayed at the Final Online Checkout Stage (which is when the Covered Product is put into a shopping cart that contains the customer’s name, shipping address, email address, and payment information of a transaction). Please note that pricing information in the “shopping cart” or the Final Online Checkout Stage must be obscured technically so that it is not retrievable by shopping and pricing engines and not displayed on search page results within the Seller’s own website.

5. Policy Violations

Advertisements that violate this Policy include, but are not limited to:

A. Offering coupons, discounts, rebates, or other inducements that, when applied, result in an advertised price lower than the MAP, including through use of a storewide sale, category-wide sale, website-wide sale, promotional code, or other similar provision that can be applied to the Covered Products;

B. Bundling Covered Products with other products or services (whether made by or provided by Advantice Health or another entity) in a manner that implies below-MAP pricing for the bundled Covered Product(s);

C. Creating multipacks using Covered Products in a manner that implies below-MAP pricing for the individual Covered Product used in the multipack;

D. Strikeouts or strikethroughs of advertised pricing information, “see price in cart,” or other statements that suggest a lower price for a Covered Product may be found at the Final Online Checkout Stage;

E. Permitting any third-party to alter the advertised price for any Covered Product; and

F. Direct or indirect attempts to circumvent this Policy.

It is not a violation to advertise the following, notwithstanding the prior prohibitions in Section 5:

A. That a customer may “call for price,” “text for price,” or “email for price,” as long as no price is listed and no automated call, text message, or “bounce-back” email is used in response;

B. A free or reduced-price shipping advertisement as long as such offer applies to all or almost all other products offered by the Seller in the same product category;

C. Coupons or promotions which result in a Covered Product being advertised at a price lower than the MAP, provided the coupon or promotion (1) applies to all products offered by Seller or all products offered by Seller in the same category as the Covered Products; (2) does not specifically refer to Advantice Health, its brands, or the Covered Products; and (3) does not result in an advertised price of more than twenty percent (20%) below the Covered Product’s MAP;

D. “Subscribe and Save,” “Auto-ship and Save,” “Repeat Delivery,” or other subscription or auto-replenishment loyalty discount programs which result in a Covered Product being advertised at a price lower than the MAP, provided that such programs do not advertise a discount of more than thirty percent (30%) below the Covered Product’s MAP;

E. A coupon or coupon code that can be applied only to the first time purchase of a Covered Product, provided that such coupon or coupon code does not provide a discount of more than thirty percent (30%) below the MAP;

F. Consumer loyalty programs that reward purchasers with a rebate, so long as the rebate does not occur during the sale process, such as an instant rebate; and

The accrual and application of “points” or other things of value (“Loyalty Points”) in connection with the purchase of a Covered Product, provided that (1) Loyalty Points may be accrued and applied to all or almost all of the products offered by a Seller; and (2) the rate of accruing Loyalty Points for Covered Products is no more than the rate applicable to all or almost all other brands of products offered by the Seller.

6. This Policy Is Not an Agreement and Is Non-Negotiable

This Policy is not an agreement between Advantice Health and any other entity.  We do not seek and will not accept any promise of compliance with this Policy from any Seller or other party, and each Seller must independently choose whether to comply with this Policy.  This Policy is not negotiable and will not be altered for any individual Seller.

7. MAP Holidays

We may announce MAP holidays or promotions that are applicable to all Sellers, during which periods a Seller that advertises a Covered Product in compliance with the terms of the MAP holiday will not be considered to have violated this Policy.

8. Noncompliance

We will take the following actions against any Seller that does not comply with this Policy:

First Violation:           Written warning.

Second Violation:      Written warning and a 90-day shipping hold.  We will revoke our acceptance of any pending orders, cancel any pending shipments to you, and not accept any new orders from you during this 90-day period.

Third Violation:         Termination of business relationship and revocation of “authorized” status.  We will revoke our acceptance of any pending orders and cancel any pending shipments to you.  You will no longer be an “authorized” Seller of our products.

We will enforce this Policy in our sole discretion. Sellers have no right to enforce this Policy.

9. Policy Administration

We may update, revise, suspend, or otherwise modify this Policy at any time in our discretion, and any modifications will be made available to all Sellers.

Please note that our employees or agents cannot modify, interpret, or grant any exceptions to this Policy; cannot solicit or obtain the agreement of any person or entity to comply with this Policy; and cannot otherwise discuss any aspect of this Policy with any Seller, including any Seller’s compliance with the terms.

Any questions about this Policy should be sent in writing to our MAP Policy Administrator at map@advanticehealth.com.  We will not accept any other form of communication from Sellers regarding this Policy. 

ADVANTICE HEALTH MAP SCHEDULE

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May 1, 2024

BRAND SHORT ITEM DESCRIPTION (Not to exceed 35 Characters) LONG ITEM DESCRIPTION (Not to exceed 70 Characters) ADVANTICE UPC MAP
AMLACTIN AMLCN DLY NRSH
DRY LTN 14.1 OZ 12
AMLACTIN DAILY
NOURISH 12% LOTION
14.1OZ
3-16864-00019-4 $23.99
AMLACTIN AMLCN DLY NRSH
DRY LTN 7.9 OZ 12
AMLACTIN DAILY
NOURISH 12% LOTION
7.9OZ
3-16864-00018-7 $13.97
AMLACTIN AMLCN DLY NRSH
DRY LTN 2X7.9 OZ 6
AMLACTIN DAILY
NOURISH 12% LOTION
7.9OZ TWIN PACK
3-16864-00020-0 $27.49
AMLACTIN AMLACTIN DLY NRSH NRM CRM 4.9OZ 12 AMLACTIN DAILY
NOURISH 5% CREAM 4.9OZ
3-16864-00112-2 $15.99
AMLACTIN AMLACTIN DLY NRSH NRM LTN 7.9OZ 12 AMLACTIN DAILY
NOURISH 5% LOTION 7.9OZ
3-16864-00110-8 $15.99
AMLACTIN AMLACTIN DLY VITC
NRM CRM 4.9OZ 4X3
12
AMLACTIN DAILY VITAMIN
C CREAM 4.9OZ
3-16864-00114-6 $13.99
AMLACTIN AMLACTIN DLY VITC
NRM LTN 7.9OZ 4X3
12
AMLACTIN DAILY VITAMIN
C LOTION 7.9OZ
3-16864-00113-9 $15.99
AMLACTIN AMLACTIN FT
REPAIR CRM 3 OZ
4X3 12
AMLACTIN FOOT REPAIR
CREAM 3OZ
3-16864-00029-3 $10.49
AMLACTIN AMLACTIN INTSV
HEAL CRM 12 OZ 12
AMLACTIN INTENSIVE
HEALING CREAM 12OZ
3-16864-00027-9 $19.99
AMLACTIN AMLACTIN INTSV
HEAL LTN 14.1 OZ 12
AMLACTIN INTENSIVE
HEALING LOTION 14.1OZ
3-16864-00026-2 $29.99
AMLACTIN AMLACTIN INTSV
HEAL LTN 7.9 OZ 12
AMLACTIN INTENSIVE
HEALING LOTION 7.9OZ
3-16864-00023-1 $15.97
AMLACTIN AMLACTIN INTSV
HEAL LTN 2 X 7.9 OZ
6
AMLACTIN INTENSIVE
HEALING LOTION 7.9OZ
TWIN PACK
3-16864-00025-5 $29.99
AMLACTIN AMLACTIN KP
BMPSBGONE CRM
3OZ 12
AMLACTIN KP BUMPS BE
GONE CREAM 3OZ
3-16864-00063-7 $14.99
AMLACTIN AMLACTIN ULT
SMTH CRM 4.9 OZ
4X3 12
AMLACTIN ULTRA
SMOOTH CREAM 4.9OZ
3-16864-00030-9 $13.99
DERMOPLAST DRMPLST FA
CLOTHS 10CT 0.07 OZ
8X3 24
DERMOPLAST FIRST AID
CLOTHS (10 COUNT)
3-16864-00098-9 $9.99
DERMOPLAST DRMPLST FIRST AID
SPRY 2.75 OZ 24
DERMOPLAST FIRST AID
SPRAY 2.75OZ
8-51409-00724-0 $6.94
DERMOPLAST DRMPLST INSECT
ITCH/STNG 2.75 OZ 24
DERMOPLAST INSECT ITCH
& STING SPRAY 2.75OZ
3-16864-68201-7 $9.99
DERMOPLAST DRMPLST KIDS
NOSTNG SPRY 2Z 24
DERMOPLAST KIDS NO
STING SPRAY 2OZ
3-16864-69001-2 $10.99
DERMOPLAST DRMPLST PAIN
REL SPRAY (2.75 OZ)
DERMOPLAST PAIN REL
SPRAY (2.75 OZ)
8-51409-00722-6 $6.94
DERMOPLAST DRMPLST SB & BURN
RELIEF 2.75 OZ 24
DERMOPLAST SUNBURN
RELIEF 2.75OZ
3-16864-68101-0 $9.99
DOMEBORO DOMEBORO
ASTRINGENT
POWDER 12CT 12
DOMEBORO ASTRINGENT
POWDER 12CT 12
8-57074-00177-4 $13.99
KERASAL KERASAL 3IN1 FNGL
NL+AF KIT 3X4 24
KERASAL 3-in-1 FUNGAL
NAIL + ATHLETE’S FOOT
3-16864-00092-7 $29.99
KERASAL KERASAL ATHLETE
FT MED SOAK 12CT
KERASAL ATHLETES FOOT
MEDICATED SOAK (12
COUNT)
3-16864-00032-3 $14.99
KERASAL KERASAL ATH FT
PWDR GEL 0.42 OZ
KERASAL ATHLETES FOOT
POWDER GEL 0.42OZ
3-16864-00035-4 $9.97
KERASAL KERASAL ATHLETE
FOOT SPRAY 2 OZ 24
KERASAL ATHLETES FOOT
SPRAY 2OZ
3-16864-00036-1 $10.27
KERASAL KERASAL
BOTANICAL INT FT
RP 1 OZ 6×4 24
KERASAL BOTANICAL
INTENSIVE FOOT REPAIR
3-16864-00100-9 $14.99
KERASAL KERASAL DLYDEF
FT WSH TTO 12FLOZ
12
KERASAL DAILY DEFENSE
FOOT WASH + TEA TREE
OIL
8-51409-00751-6 $9.97
KERASAL KERASAL FOOT
THER SOAK TTO 2 LB
3
KERASAL FOOT THERAPY
SOAK TTO 2LB
8-51409-00749-3 $9.97
KERASAL KERASAL FNGNAIL
NT PTCH 14CT
KERASAL FUNGAL NAIL
NIGHTTIME PATCH 14CT
3-16864-00040-8 $18.48
KERASAL KERASAL FNGNAIL
NT PTCH 14CT 2PK 12
KERASAL FUNGAL NAIL
NIGHTTIME PATCH 14CT 2PK
3-16864-00087-3 $35.99
KERASAL KERASAL FUNGAL
NAIL REN 0.33FLOZ
12
KERASAL FUNGAL NAIL
RENEWAL 0.33FLOZ
8-57074-00161-3 $19.86
KERASAL KERASAL FNG NL
REN TTO 0.33 FLOZ
12
KERASAL FUNGAL NAIL
RENEWAL PLUS TEA TREE
OIL 0.33FLOZ
8-51409-00739-4 $20.96
KERASAL KERASAL FNR
0.33FLOZ + 5 FILES 12
KERASAL FUNGAL NAIL
REPAIR 0.33FLOZ + 5 FILES
3-16864-00037-8 $19.99
KERASAL KERASAL INT REP
NT FTMSK 2CT 2PK 12
KERASAL INTENSIVE FOOT
REPAIR NIGHTTIME FOOT
MASK 2CT TWIN
3-16864-00068-2 $14.99
KERASAL KERASAL INT REP
NT FTMSK 2CT 4X6 24
KERASAL INTENSIVE FOOT
REPAIR NIGHTTIME FOOT
MASK 2CT
3-16864-00041-5 $7.50
KERASAL KERASAL INT RP
FTMSK TTO 2CT 2PK 12
KERASAL INTENSIVE FOOT
REPAIR NIGHTTIME FOOT
MASK 2CT 2PK
3-16864-00012-5 $14.99
KERASAL KERASAL INT RP
FTMSK TTO 2CT 6PK
4
KERASAL INTENSIVE FOOT
REPAIR NIGHTTIME FOOT
MASK 2CT 6PK
3-16864-00013-2 $29.99
KERASAL KERASAL INT REP
NT FTMSK 6PK 4CT
KERASAL INTENSIVE FOOT
REPAIR NIGHTTIME FOOT
MASK 6PK 4CT
3-16864-00038-5 $29.99
KERASAL KERASAL INTS FT
REP NT OINT 1 OZ
KERASAL INTENSIVE FOOT
REPAIR NIGHTTIME
OINTMENT 1OZ
3-16864-00055-2 $9.99
KERASAL KERASAL INTS FT
REP OINT 0.5 OZ 24
KERASAL INTENSIVE FOOT
REPAIR OINTMENT 0.5OZ
3-16864-00056-9 $4.25
KERASAL KERASAL INTS FT
REP OINT 1 OZ 24
KERASAL INTENSIVE FOOT
REPAIR OINTMENT 1OZ
8-57074-00101-9 $8.84
KERASAL KERASAL INTS FT
REP OINT + ZENTOES
1OZ 24
KERASAL INTENSIVE FOOT
REPAIR OINTMENT 1OZ +
SOCKS
3-16864-00031-6 $16.99
KERASAL KERASAL INTS FT
REP OINT 1OZ 2PK 12
KERASAL INTENSIVE FOOT
REPAIR OINTMENT 1OZ 2PK
3-16864-00014-9 $16.99
KERASAL KERASAL INTS REPR
FT MSK TTO 2CT 24
KERASAL INTENSIVE
REPAIR FOOT MASK PLUS
TEA TREE OIL 2CT
8-51409-00750-9 $5.99
KERASAL KERASAL INTREP FT
PEEL 2CT 4X6 24
KERASAL INTENSIVE
REPAIR FOOT PEEL 2CT
3-16864-00043-9 $12.25
KERASAL KERASAL INTREP FT
PEEL 2CT 2PK 24
KERASAL INTENSIVE
REPAIR FOOT PEEL 2CT 2PK
3-16864-00069-9 $24.49
KERASAL KERASAL MUL PUR
NLR REP 0.43FLOZ 12
KERASAL MULTI-PURPOSE
NAIL REPAIR 0.43OZ
8-51409-00736-3 $19.86
KERASAL KERASAL MP NL RP
PATCH 14 BOX 4X6 24
KERASAL MULTI-PURPOSE
NAIL REPAIR PATCH
3-16864-00125-2 $18.48
KERASAL KERASAL MPNR 0.43
FLOZ+ELEC FILE 6
KERASAL MULTI-PURPOSE
NAIL REPAIR 0.43 +
ELECTRIC FILE
3-16864-00103-0 $34.99
NEW SKIN NEW SKIN
BOTANICAL LIQ BDG 0.3OZ 24
NEW SKIN BOTANICAL
LIQUID BANDAGE 0.3OZ
8-51409-00748-6 $5.99
NEW SKIN NEW SKIN KIDS PRPL
LIQ BNDG 0.3Z 24
NEW SKIN KIDS PURPLE
LIQUID BANDAGE 0.3OZ
8-51409-00747-9 $6.97
NEW SKIN NEW SKIN LIQ BNDG
0.3 OZ 24
NEW SKIN LIQUID
BANDAGE 0.3OZ
8-51409-00700-4 $3.88
NEW SKIN NEW SKIN LIQ BNDG
1 OZ 24
NEW SKIN LIQUID
BANDAGE 1OZ
8-51409-00701-1 $5.99
NEW SKIN NEW SKIN LIQ BNDG
SPRY 1 OZ 24
NEW SKIN LIQUID
BANDAGE SPRAY 1OZ
8-51409-00702-8 $5.48
NEW SKIN NEW SKIN SCAR
FADE GEL 0.53 OZ 12
NEW SKIN SCAR FADE GEL
0.53OZ
8-51409-00738-7 $13.99
NEW SKIN NEW SKIN SENS SKN
LIQ BNDG 0.3OZ 24
NEW SKIN SENSITIVE SKIN
LIQUID BANDAGE 0.3OZ
8-51409-00746-2 $5.99
TRIPLE PASTE TRPL PSTE DIPR RSH
SHEER OINT 2Z 12
TRIPLE PASTE DIAPER RASH
SHEER ZINC OINT 2OZ
3-16864-00094-1 $10.99
TRIPLE PASTE TRPL PSTE ADLT
RASH TRT PSTE 8 OZ
6
TRIPLE PASTE ADULT RASH
TREATMENT 8OZ
3-16864-00104-7 $19.99
TRIPLE PASTE TRIPLE PASTE AF
OINTMENT 2 OZ
TRIPLE PASTE AF
OINTMENT 2OZ
3-16864-04002-2 $21.99
TRIPLE PASTE TRPL PST DIPR OINT
16Z+APPLICATOR 6
TRIPLE PASTE DIAPER
OINTMENT
16OZ+APPLICATOR
3-16864-00117-7 $40.99
TRIPLE PASTE TRPL PST DIPR OINT
8OZ+APPLICATOR 6
TRIPLE PASTE DIAPER
OINTMENT
8OZ+APPLICATOR
3-16864-00118-4 $29.99
TRIPLE PASTE TRPL PST DIPR RSH
3X MAX OINT 2Z 12
TRIPLE PASTE DIAPER
RASH 3X MAX OINT 2OZ
3-16864-00093-4 $10.49
TRIPLE PASTE TRPL PASTE DIPR
RASH OINT 10 OZ 4
TRIPLE PASTE DIAPER
RASH OINTMENT 10OZ
3-16864-02104-5 $20.99
TRIPLE PASTE TRPL PASTE DIPR
RASH OINT 16 OZ 6
TRIPLE PASTE DIAPER
RASH OINTMENT 16OZ
3-16864-02105-2 $37.99
TRIPLE PASTE TRPL PASTE DIPR
RASH OINT 2 OZ
TRIPLE PASTE DIAPER
RASH OINTMENT 2OZ
3-16864-02101-4 $7.47
TRIPLE PASTE TRPL PASTE DIPR
RASH OINT 3 OZ 12
TRIPLE PASTE DIAPER
RASH OINTMENT 3OZ
3-16864-02102-1 $10.49
TRIPLE PASTE TRPL PASTE DIPR
RASH OINT 8 OZ 6
TRIPLE PASTE DIAPER
RASH OINTMENT 8OZ
3-16864-02103-8 $15.97

Advantice 3p Seller Policy

Advantice Health is committed to maintaining the integrity of its authorized distribution channels and to stopping the diversion of Advantice Health products to unauthorized sellers. To this end, Advantice Health implemented its U.S. Authorized Seller program in 2021.

As part of the Program, all authorized resellers of Advantice Health Products, including Authorized Distributors, Retailers, and Resellers, are prohibited from selling Advantice Health products as a third-party seller on marketplace websites including, but not limited to, Amazon, Walmart Marketplace, eBay, Facebook Marketplace and Google Shopping.

Advantice Health strictly enforces the prohibition on third-party marketplace sales and takes action against violations of the Policy, which may include termination of a reseller’s authorization to resell Advantice Health Products.