Minimum Advertised Price Policy

Bioelements, Inc. (“Bioelements” or “we”) is dedicated to supporting skin care professionals, professional distributors, authorized resellers and at-home consumers by maintaining the integrity, consistency and value of our professional skin care products. To protect the Bioelements brand, ensure fair competition among our network of authorized resellers and preserve customer trust, Bioelements has established a Minimum Advertised Price (“MAP”) policy for its retail products.

This MAP policy is effective 03/01/2026. Bioelements reserves the right to change, amend, or modify this Bioelements MAP Policy (this “MAP Policy”) at any point. Bioelements will send written notice to Resellers (as defined below) that the MAP Policy has been updated.

This MAP Policy will apply to all U.S. Resellers, including salons, spas, and approved online resellers (collectively, the “Resellers”). We reserve the right to discontinue doing business with any Reseller who advertises Bioelements retail product pricing below MAP or does not otherwise comply with this agreement. This policy defines the minimum advertised prices (MAP) for Bioelements products and establishes the standards for promotional allowances. This document is confidential and intended solely for authorized accounts. Sharing or distributing this list outside of authorized channels is strictly prohibited. MAP is equal to MSRP unless otherwise stated in the Spa and Salon Price List. 

1. MAP Policy Guidelines:

1. Bioelements establishes MAP for all retail products as listed on the current Spa and Salon Price List, which is available on our professional website:www.bioelements.com/pros and updated from time to time (each a “Listed Product” and collectively, the “Listed Products”). 

2. Formulas designated as “Professional Use Only” or sizes that are designated for “Back Bar” or “Bulk” may not be sold to the general public or publicly advertised except by authorized professional distributors. 

3. Bioelements reserves the right to modify MAP and/or the Spa and Salon List at its discretion.  Occasionally, Bioelements may permit Resellers to advertise Listed Products at prices lower than MAP for a specified period of time pursuant to Section 2.4 of this MAP Policy or by providing advanced written notice to all Resellers.

4. MAP Policy applies to all advertising of Listed Products in any and all media, including but not limited to, internet sites, social media sites, online search engines, any other electronic media, as well as catalogs, newspapers, magazines, flyers, coupons, other print media, television, radio, and public signage.  

5. Third party online marketplaces, including but not limited to Amazon.com, Walmart.com, eBay.com are not authorized reselling channels for the Listed Products. Advertising or listing any Listed Product on such third party platforms are strictly prohibited and doing so constitutes a violation of this MAP Policy.

6. Advertising, listing or reselling Listed Products through online auctions are strictly prohibited.

7. Including free or discounted Listed Products in any advertising would be against this MAP Policy if the effect would be that the final discounted price would be below MAP. If pricing is advertised, any strike-through or alteration of MAP is prohibited.

8. Under this MAP Policy, Resellers may advertise that they have the lowest pricing, that they will beat the competitor’s price, that consumers should click or call for pricing, and make similar statements as long as the price advertised or listed for Listed Products is not lower than MAP.

9. Resellers may not attempt to circumvent this MAP Policy in any way, including but not limited to providing the Listed Products to companies, sales representatives, or individuals who do not follow this MAP Policy, including companies or individuals in foreign counties, by operating through related companies or individuals who do not follow MAP Policy, or by encouraging others not to follow this MAP Policy.

10. All Resellers are responsible for the actions of any downstream resellers which they choose to distribute Listed Products to, and commit that all such downstream resellers shall comply with this MAP Policy. Resellers will be held responsible for violations of this MAP Policy by downstream sellers pursuant to Section 3 of this MAP Policy.    

2. Limitations of MAP Policy:

1. MAP Policy applies to the advertised product pricingonly and does not apply to the actual price at which Listed Products are sold or offered for sale to an individual consumer over the phone, through email, online or at a digital storefront, or at the Reseller’s physical location.Bioelements Resellers remain free to sell all Bioelements retail products at any price, as determined by each Reseller.

2. MAP Policy is not applicable to on-premise or in-store-only advertising that is not distributed to any consumer(s).

3. MAP Policy does not establish maximum advertised prices. Any Reseller may offer Listed Products at any price above MAP.

4. Bioelements may, in its sole discretion, approve limited exceptions to this MAP Policy during designated promotional periods. Authorized Resellers must submit a written request for any MAP exception tomap@bioelements.com and receive prior written approval from Bioelements no less than 60 days in advance of the proposed promotional period. Approval of a MAP exception request is not guaranteed.

3. Enforcement of MAP Policy: 

1. Resellers waive any and all right to take any action against Bioelements whatsoever with respect to this MAP Policy.

2. Intentional or repeated failure by any Bioelements Reseller to follow MAP Policy will result in the termination of the Reseller relationship pursuant to the below three strike violation policy. Bioelements only intends to engage with Resellers who wish to uphold the reputation of Bioelements and its products and will not provide prior notice before taking action under this MAP Policy.

3. Three Strike Violation Policy:

• • First Violation: Bioelements shall send Reseller written notice of the violation and request for correction, via mail and/or email, to the contact information on file.
  • Second Violation: Bioelements shall send Reseller a letter and/or email informing Reseller of the violations and the consequences of future violations.
  • Third Violation: Bioelements shall, in their sole discretion, suspend sales to Reseller (by SKU) or terminate the reseller relationship with Bioelements for the Listed Products or any future products.