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Minimum Advertised Pricing Policy


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ATTACHMENT A

This information applies to any company or individual currently offering, or intending to offer, Hammer Nutrition® products for sale to the general public via print media, the Internet, or other channels (resellers).

It is our policy at Hammer Nutrition Global that ALL resellers of Hammer Nutrition® products MUST NOT advertise our products below the listed Minimum Advertised Price (MAP) in any publicly accessible media, including catalogs, printed ads, listings on their website, and any form of paid internet advertising. This includes but is not limited to pay-per-click ads, cost per impression ads, banner ads and shopping engine placements.

Hammer Nutrition Global utilizes in house brand protection monitoring for the purpose of identifying violators of this policy. On the first offense the reseller will be contacted immediately and given 48 hours to comply. On the second offense the reseller will immediately be placed on hold pending review by Hammer Nutrition Global. A third violation will result in termination of the reseller as an approved reseller and the permanent revocation of the account's approval to sell Hammer Nutrition® products.

Hammer Nutrition Global does not permit the listing and sale of Hammer Nutrition® products on websites of mass e-commerce resellers (such as Amazon or eBay), and does not permit resellers to utilize third-party fulfillment (such as Amazon Prime). Accordingly, resellers may not sell Hammer Nutrition® products to Amazon.com, Ebay, other mass e-commerce resellers, or to any affiliates or partners thereof. Additionally, resellers may not sell Hammer Nutrition® products to any buyer knowing that the products are being purchased for resale to a mass e-commerce reseller, and may not sell Hammer Nutrition® products to any buyer in such a quantity that would give reason for the reseller to believe that the purchase by the buyer was on behalf of a mass e-commerce reseller.

Approved resellers may promote the Hammer Nutrition® products on their own websites and as otherwise provided hereinabove, however, approved resellers must fulfill the products that they advertise and handle all customer service duties themselves. All web domains selling Hammer Nutrition® products must be registered and approved by the Hammer Nutrition Global Dealer Services Team. To inquire about registration, please contact Dealer Services at dealerservices@hammernutrition.com.

All e-commerce resellers of Hammer Nutrition® products must adhere to the following requirements, whether obtained through Hammer Nutrition or one of its distributors:

1. E-commerce resellers are responsible for remaining current with the Hammer Nutrition Global MAP Policy and pricing.

2. E-commerce resellers may only display and promote products they actually stock.

3. Only authorized e-commerce resellers may utilize images of Hammer Nutrition® products in the online advertising and promotion of such products. The right to utilize images of Hammer Nutrition® products in online advertising and promotion of such products shall terminate in the event of the termination or suspension of the e-commerce reseller for any reason. Authorized e-commerce resellers of Hammer Nutrition® products shall have no right to grant to any third party the right to utilize images of Hammer Nutrition® products in the advertising or promotion of such products. All product images must be kept current and must be updated as new packaging and labeling is received.

4. No inflated, false retail prices may be displayed with a discounted MAP beside it, including quantity discounts that do not reflect the quantity discounts formally recognized by Hammer Nutrition Global.

5. Advertising by an e-commerce reseller utilizing Hammer Nutrition® product names or trademarks must link to Hammer Nutrition® products on web pages of the respective e-commerce reseller and may not link to web pages of other parties or to web pages that promote any products other than Hammer Nutrition® products.

6. Any reference to free shipping is strictly limited to the following term: Free shipping available.

7. Advertising verbiage may not include terms such as: save, huge savings, lowest prices, x% off, x% discount, save x%, cheapest, or synonymous terms. This list will be expanded as needed.

8. Following the termination or suspension of the reseller for any reason, the reseller shall not use any trademarks or product names of Hammer Nutrition® products as search terms for sponsored advertising or as search terms used to direct traffic to any website(s) without the express written permission of Hammer Nutrition Global.

Accounts must list ALL DBAs and URLs associated with the primary account.

Any account failing to disclose this information will be immediately suspended.

By purchasing any product from Hammer Nutrition Global or a distributor of Hammer Nutrition® the purchaser is indicating its agreement to the terms of this policy.

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