MAP Policy
Viome Minimum Advertised Price (MAP) Policy
To protect the investment made by our Dealer, resellers, distributors, affiliates, etc. (collectively, “Channel Members”) and Viome Life Science, Inc.’s (“Viome”) brand reputation, Viome has adopted, in its sole discretion, an official Minimum Advertised Price Policy (“MAP Policy”) as described herein that would be applicable to certain Viome Products that are identified as being subject to this Map Policy (“Map Products”). This MAP Policy applies ONLY to Map Products (“Annex A”) and to U.S. based sales only.
Viome established this MAP Policy realizing that certain activities and sales practices that promote Viome Products primarily on the basis of price can be harmful to Viome’s brand, reputation, and competitiveness, and such practices allow some Channel Members to take advantage of the efforts of others. Viome believes that these practices are unfair and thus discourages such efforts.
Beginning immediately, Viome, in its sole discretion, will not do business with any Channel Member, on Products covered by this MAP Policy, if that Channel Member advertises any Viome Product below its MINIMUM ADVERTISED RETAIL PRICE (“MAP Price”).
Viome is confident that this MAP Policy will strengthen its competitiveness and will benefit all its Channel Members.
MAP Policy and Guidelines
The Guidelines related to this MAP Policy are as follows:
Unilateral MAP Policy. Viome reserves the right to take action on any Channel Member that violates this MAP Policy. This MAP Policy will be enforced by Viome in its sole discretion. Viome recognizes that any authorized Channel Member account can make its own decisions to advertise and sell any Viome Product at any price it chooses without consulting or advising by Viome. Channel Members are free to always set their own resale prices on Viome Products subject to this MAP Policy. Viome similarly has the right to make its own independent decision regarding Product allocations and Channel Member participation at any time.
What Products are under MAP Policy. Viome will maintain an updated list of the “MAP Products” at any given time that will fall under this MAP Policy (“MAP List”). Viome reserves the right to update or modify this MAP List at any time. All MAP Products will have a listed MAP Price. Pricing in advertisements must be at or above current MAP Price, or pricing may be omitted altogether.
What this MAP Policy covers. This MAP Policy applies to all promotional, advertising, and sales activities involving MAP Products in any and all media, online and offline (including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines catalogs, mail order catalogs, internet or similar electronic media including websites, forums, email newsletters, email solicitations, television, radio, and public signage). This MAP Policy also applies to any activity which Viome 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.
What This MAP Policy Does Not Cover. The following items are not covered by this MAP Policy: the actual sales prices of any product; telephone quotes; or written, faxed or emailed quotes in response to a specific request of a specific customer for a specific product. It shall not be a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price” or “add to cart to see pricing”, or to use similar language, specifically with respect to Viome MAP Products, so long as no price is listed.
Violation of MAP Policy. Listing a price in any advertising less than the MAP Price next to the featured MAP Product will be viewed as a violation of this MAP Policy. 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 the MAP Price and otherwise complies with this MAP Policy.
Modifying or Suspending the MAP Price. From time to time, Viome may permit Channel Members to advertise MAP Products at prices lower than the MAP Price. In such events, Viome reserves the right to modify or suspend the MAP Price with respect to the applicable Products for a specified period of time by providing advance notice to all Channel Members of such changes.
Rebates. From time to time, Viome 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 (a) the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style; (b) an asterisk is placed next to the net price after manufacturer’s rebate; and (c) the “*After manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.
Bundling MAP Products. Where MAP Products are bundled with or sold as part of a package that includes other products (whether or not manufactured by Viome), it shall be a violation of this MAP Policy to sell or advertise the bundle (or package) at a price that: (a) is lower than the total MAP of the MAP Products or (b) violates the letter or spirit of this MAP Policy. It shall be a violation of this MAP Policy if MAP Products are bundled with or sold as part of a package that includes products not preapproved by Viome.
Coupons and Additional Discounts. It shall be a violation of this MAP Policy to include in any advertising for MAP Products any additional discount, coupon, gift card, or incentive (whether in the form of a special event, promotion, term of doing business or otherwise) that translates into an immediate price reduction, where the cumulative effect would be to reduce the advertised price of any MAP Product below the MAP. Advertising that includes an additional discount, coupon, gift card, points, or any other incentive for future purchases (regardless of whether the future purchases is of a MAP Product) shall be evaluated under the same guidelines as described in the Bundling of MAP Products above, or on a case-by-case basis.
Multiple Store Locations. If a Channel Member with multiple store locations violates this MAP Policy at any particular store location, then Viome will consider this to be a violation at all the Channel Member’s store locations.
Policy Violation. Upon receipt of notice of Channel Member’s failure to comply with this MAP Policy, Viome will notify such Channel Member of the violation and remind them of the existence of this MAP Policy. In the event Channel Member violates the MAP Policy a second time, Viome will cease supplying MAP Products for a period of ninety (90) days. Viome reserves the right to cancel all orders and indefinitely refuse to accept any new orders from such Channel Member for any subsequent violation.
ANNEX A
To the MAP Policy
MAP Products
Covered by
Viome’s MAP Policy
Updated as of 10/01/2024.