MINIMUM ADVERTISED PRICE POLICY
Effective March 1 st , 2022
As a result of its adherence to all applicable laws and significant investments in the research, development, clinical testing and marketing of its products, ISDIN Corp (“ISDIN”) has developed a strong reputation as a global premium skin care brand. ISDIN recognizes that its success is directly linked the strength of the brand image and to the success of its partners, who resell ISDIN products to patients and consumers through significant investments of time and capital. In order to protect our partners, customers, and the ISDIN brand, ISDIN has unilaterally established this Minimum Advertised Price Policy (this “Policy”), which will be enforced and made effective as of March 1, 2022. This Policy is intended to protect our partners’ investments in ISDIN products, our reputation as a brand, and to discourage discount price-based advertising that would be detrimental to our customers, the ISDIN Brand image, ISDIN’s revenues, and our partners’ sales.
This Policy applies to all ISDIN customers and authorized resellers who sell ISDIN products in or to the United States, its possessions and territories, whether selling products through their professional offices, retail establishments, or online via direct ecommerce sites or marketplaces (all of which are referred to in this Policy as a “Reseller” and collectively as “Resellers”). This Policy applies to all advertisements, announcements, communications, information or publications regarding ISDIN products generated, developed, produced or distributed by or on behalf of any Reseller in any media or format whatsoever, including, but not limited to, print ads, fliers, letters, postcards, coupons, catalogs, magazines, periodicals, television, radio, faxes, billboards, emails, text messages, signs, internet websites or ads (including, but not limited to, ads on Google, Facebook or any other internet site or listings on eBay, Amazon, or any other online auction or marketplace), social media sites, banner ads and pages that are linked to or from a banner ad, apps or any other electronic media (“Advertisements”). This Policy will not apply, however, to: (a) any Advertisement that is physically displayed on premises in a physician’s office or medical spa that is not distributed to patients, (b) Advertisements distributed by a physician only to his or her actual patients relating to sales of ISDIN products that would occur on premises in such physician’s office or medical spa, and (c) Advertisements in the form of direct mail or coupons sent by mail or electronic mail by a physician only to his or her actual patients relating to sales of ISDIN products that would occur, either in-office or through the physician’s website.
GENERAL POLICY PROVISIONS:
1. Any Advertisement issued by or on behalf of a Reseller may not list a price for an ISDIN product that represents a discount below the suggested list price for such product as listed on the then current ISDIN suggested price list (“Minimum Advertised Price” or “MAP”), which can be found on the all products page at www.ISDIN.com/us. The MAP and the Discount are both unilaterally set by ISDIN for all ISDIN products and either may be adjusted by ISDIN at its sole discretion. The MAP may be changed from time to time at ISDIN’s sole discretion, provided that such changes apply equally to all Resellers.
2. MAP applies only to prices listed in Advertisements. This Policy is not intended to control, influence, determine or limit in any way the price at which Resellers sell ISDIN products to patients. The Policy is strictly limited to restrictions on Advertisements and each Reseller remains free to determine its own resale price for ISDIN products, so long as they follow all applicable laws.
3. An Advertisement that bundles or includes free or discounted products (whether manufactured by ISDIN or another manufacturer) with a product covered by this Policy will be considered in violation of the Policy if it has the effect of discounting the advertised price of the ISDIN product below the MAP.
4. This Policy does not in any way limit a Reseller from noting that they “have the lowest prices” or “will match or beat a competitor’s price” or that a patient can “call for a price” or phrase of similar meaning, as long as the price listed in an Advertisement is not less than the MAP for such product.
5. This Policy does not in any way create a maximum advertised price; Resellers may offer ISDIN products at any price in excess of the MAP in an Advertisement.
6. Nothing in this Policy or in any other contract between a Reseller and ISDIN shall constitute an agreement between ISDIN and the Reseller that Reseller will comply with the Policy. It is in Reseller’s discretion whether to comply or not comply with the Policy. This Policy has been unilaterally established by ISDIN, and will be unilaterally enforced, by ISDIN.
ENFORCEMENT OF POLICIES: ISDIN does not intend to engage in business with any Reseller who diminishes the perceived value of ISDIN and its products. Accordingly, in the event that a Reseller elects not to follow this Policy, ISDIN, without assuming any liability, may unilaterally impose sanctions on that Reseller, up to and including termination of its relationship with Reseller, cancelling any pending orders placed by such Reseller and ceasing the sale of any ISDIN products to such Reseller. ISDIN may monitor the prices of ISDIN products in Advertisements, either directly or through the use of a third party agency, to ensure compliance with this Policy. Resellers are expected to provide reasonable cooperation in any ISDIN investigations regarding possible Policy violations. Obstructing, hindering or otherwise failing to cooperate with any such investigation will be considered a violation of this Policy. ISDIN shall be solely responsible for determining whether a violation of the Policy has occurred, communicating its decisions regarding the Policy to Resellers and receiving any communications about violations or potential violations of the Policy and any sanctions imposed.
COMPLIANCE WITH LAW: It is ISDIN’s intention to comply with all applicable laws at all times and to model best practices for its Resellers and employees. This Policy was put forth under that intention and in the event any portion of this Policy is found to be in violation of any applicable law, that portion of the Policy will become null and void. ISDIN is against price-fixing and any kind of price collusion among the Resellers.
CHANGES TO POLICY: ISDIN reserves the right to modify, suspend or discontinue this Policy in whole or in part at any time, or to designate promotional periods during which the terms of the Policy may change or not be applicable. ISDIN will notify Resellers of any such changes at least five (5) days prior to implementation or it may communicate such changes only on the ISDIN website.
CONTACT: ISDIN SALES REPRESENTATIVES AND EMPLOYEES (OTHER THAN US COUNTRY MANAGER) HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY.
Therefore, all formal questions, requests for clarification or comments related to this Policy should be directed to:
36 Cattano Avenue, Floor 3
Morristown, NJ 07960
Attn: ISDIN Pricing Policy