The New Primal

Internet Minimum Advertised Price Policy

The New Primal, Inc. (“The New Primal”) is issuing this Internet Minimum Advertised Price Policy (“Policy”) in order to maintain and enhance its brand image and to ensure that resellers have the incentive to invest in their promotion of The New Primal’s products and service their customers for The New Primal products.

Applicable Only to Online Offerings

This policy sets a minimum advertised price for any The New Primal products advertised for sale via the Internet or mass marketing on-line applications.  This includes, but is not limited to retailer websites, third-party marketplace websites such as Amazon and eBay, third-party shopping tools such as Google Shopping, social media sites such as Facebook, LinkedIn and Instagram, any other form of online advertising, and mass marketing on-line applications such as Constant Contact and Mailchimp (collectively “Internet Services”).

This policy does not apply to advertising that relates only to sales of The New Primal products which will occur in “brick and mortar” stores, nor does it apply to print advertising.

iMAP Pricing

Retailers selling The New Primal products within United States markets are prohibited from using Internet Services to advertise The New Primal products at prices lower than The New Primal’s minimum advertised pricing (“iMAP Pricing”).  This policy imposes no upper limit on advertised pricing. 

The New Primal’s standard iMAP Pricing is listed in Exhibit A. No retailer will be permitted to advertise that product using Internet Services at a price lower than the MSRP listed in Exhibit A.

The New Primal may, from time to time, temporarily suspend or modify iMAP Pricing for select products in connection with company-sponsored promotions. The New Primal distributor/resellers will be notified in writing of any such promotions and adjustments to iMAP pricing.

As is the case with its pricing list, The New Primal’s iMAP pricing is confidential.

Promotional Offers by Retailers

Retailer Internet Services advertising may include promotional offers such as volume discounts, rebates, and other incentives; however, the net per-unit advertised pricing once the value of all such incentives is factored in may not drop below The New Primal’s iMAP pricing. 

Pricing at Time of Sale; Negotiated Pricing

This policy restricts only the lowest price at which a retailer may advertise The New Primal products using Internet Services.  It does not place any limits on the prices at which any retailer may sell The New Primal products or the pricing which a retailer may offer to any individual prospective purchaser when negotiating a particular sale.

With respect to on-line sales, this policy does not restrict a retailer from offering pricing which is lower than The New Primal’s iMAP Pricing or other special incentives to a prospective customer once they have

added a The New Primal product to their online “shopping cart” or otherwise affirmatively selected the product for purchase.

Efforts to Circumvent the Policy

Retailers shall not attempt circumvent this policy with Internet Services advertising which suggests that pricing lower than iMAP Pricing may be available.  Prohibited activities include, but are not limited to, striking through the advertised price and/or adding language such as “Click ‘Buy’ for Price” or “Click Here for Lower Price.”  Any such attempts are a violation of this policy.

Monitoring & Enforcement

The New Primal will monitor Internet Services advertising for its products.  If The New Primal detects a violation of this policy, the offending retailer will be notified in writing and be given three business days to bring its advertising in line with this policy.  Should it fail to do so, The New Primal will impose discipline on the offending retailer which, in The New Primal’s sole discretion, may include actions such as withdrawing permission to sell via Internet Services, excluding the retailer from discounts and other incentives, or suspending or terminating the retailer’s right to sell The New Primal products.

Additional Information About this Policy

This policy was unilaterally developed and issued by The New Primal without input from or agreement with any reseller or competitor.  The New Primal reserves the right to modify, suspend or cancel this policy at any time and in its sole discretion.  Any questions concerning this policy shall be directed to The New Primal’s iMAP Policy Administrator at amazon@thenewprimal.com.  No sales representative or other employee of The New Primal may modify or grant exceptions to this policy other than the iMAP Policy Administrator.

Distribution of Policy

The New Primal distributor/resellers are required to distribute this policy to all sub-distributors and retail outlets to which they resell The New Primal products.

Acknowledgement of Receipt

By continuing, you acknowledge only your receipt of this policy, that you have read it and understand its terms.  Any questions you may have concerning this policy shall be directed only to amazon@thenewprimal.com.

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EXHIBIT A

PRODUCTS