I. Introduction
OP2 Labs develops, manufactures, and distributes innovative and clinically proven supplements that are available in medical facilities, clinics, pharmacies, and retailers around the world. OP2 products are distributed under two brand names. FROG FUEL is the Sports, Active Nutrition, and Human Performance brand name of OP2 Labs. ProT GOLD is the Health, Medical, and Adult Nutrition brand name of OP2 Labs. The quality and innovation of OP2 products, coupled with industry-leading customer service, customer enthusiasm, and passion for our brand vigorously drive awareness and demand for our products. What began as a concept to develop a new product that challenged the marketplace by providing benefits beyond lean muscle mass has evolved into a widely adopted product and consumer following that is challenging the industry while bridging the gap between medical and consumer nutrition. We recognize that our success is attributed to the success of our network of select partners and resellers. We also know that many of our partners invest significant time and resources to deliver an exemplary customer experience. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our reseller's service and support efforts. As a result, OP2 Labs has unilaterally established this Minimum Advertised Price (“MAP”) Policy.
II. Policy Statement
OP2 Labs, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower than the MAP.
III. General Guidelines
A. The products covered by this policy are listed in Section 5, (“MAP Products”). OP2 may in its sole discretion modify this list from time to time.
B. OP2 recognizes that dealers are free to make their own decisions to advertise and sell any OP2 product at any price they choose, without consulting or advising OP2. Similarly, OP2 will exercise its right to make its own decisions regarding the OP2 Authorized Reseller program (“OAR”), supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.
C. The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or over the telephone.
D. OP2 Believes in maintaining a well-regulated and fair marketplace for its authorized resellers. Please see the FAQs for more information on the MAP policy and enforcement.
IV. Advertising Guidelines
A. The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, apps, or any other electronic media.
B. The MAP Policy does not apply to solely on-premise or in-store advertising that is not distributed to customers
C. Website features such as “click for price”, automated “bounce-back” pricing emails, pre-formatted e-mail responses, forms, and automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the dealer (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.
D. It shall not be a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price”, or to use similar language, specifically with respect to OP2 Products, so long as no price is listed.
E. This MAP Policy also applies to any activity which OP2 determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases and the like.
F. It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.
G. From time to time, OP2 may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, OP2 reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
H. From time to time OP2 may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer's rebate, provided that:
1. the advertisement includes a MAP-compliant price, the rebate amount, and the net price after the manufacturer's rebate in the same type size and style;
2. an asterisk is placed next to the net price after the manufacturer's rebate; and
3. “*after manufacturer's rebate” appears in the same area of the advertisement as the advertised product.
V. Bundling Guidelines
A. “Bundling” or advertising OP2 products for sale together with other products will violate this MAP Policy when:
1. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP, or
2. the product(s) bundled with MAP Products violate OP2's Intellectual Property rights; or
3. the product(s) bundled with MAP Products violate the OP2 Trademark and Brand Policy (http://op2labs.com/authorized-reseller-program/us/trademarkpolicy/); or
4. the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s); or 5. the effective or stated discount is greater than 15% of the highest-priced item in the bundle.
B. Product(s) bundled with the MAP Products must not, without conspicuous warning, be: 1. incompatible; or 2. in the case of nutritional products, be of similar competitive technology. 3. in the case of nutritional products, create, encourage or cause additional risk of damage, bodily injury, or death to the customer if used together.
C. Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy when: 1. the effective or stated price of the bundle represents an immediate discount of greater than 15% of the MAP, or 2. the effective or stated price of the bundle represents a discount of greater than 15% of the MAP after taking into consideration any contingent future purchase.
D. Rebate programs from OP2, whether on MAP Products or OP2's partners' products are exempt from this policy. VI. Policy Enforcement
A. If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then OP2 will consider this to be a violation by the dealer.
B. OP2 reserves the right to cancel any pending orders, restrict future orders, or suspend dealers' accounts if OP2 reasonably believes; a dealer has violated the provisions of this policy; or; a dealer intends to violate this policy.
C. OP2’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions.
D. Waivers to this MAP Policy may be granted in OP2's sole discretion by the MAP Policy Administrator in writing. OP2 Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event the MAP Policy Administrator authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.
E. OP2 monitors the advertised prices of dealers, either directly or via the use of 3rd party agencies or tools. Dealers are expected to provide reasonable cooperation in any OP2 investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with an OP2 MAP Policy investigation is a violation of this MAP Policy.
F. The MAP Policy will be enforced by OP2 in its sole discretion and without notice. Dealers, distributors, resellers, have no right to enforce the MAP Policy. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. All questions related to this MAP Policy should be directed to: mappolicy@op2labs.com
VII. List of MAP Products Product Size
Frog Fuel Power (Power) Protein 24 Pack and 1oz Packet
Frog Fuel Energized (Power) Protein 24 Pack 24 Pack and 1oz Packet
Frog Fuel Ultra 24 Pack and 1oz Packet
Frog Fuel Ultra Energized 24 Pack and 1oz Packet
ProT GOLD 16-30oz Bottle and 24 Pack