Terms, Conditions & "MAP" Policy
Damages or Order Discrepancies
The companies’ minimum Professional order size is $50.
Authorized Reseller Accounts
Minimum Advertised Price (“MAP”) and Internet Resellers Policy for Practitioner Accounts
The companies products are sold only through verified and authorized health care practitioners. We recognize that our customers provide professional services through various means, including office dispensaries, practitioner-related storefronts and the Internet. Our MAP and Internet Resellers Policy is designed to maintain the integrity of our product line while supporting a fair and competitive sales environment for all of our customers.
Customers should note that this MAP Policy does not apply to the discounting of the companies products to a patient when the discounting takes place within the practitioner’s office setting, or via a practitioner’s print and email advertising to a private patient base. “Patient” is defined as an individual who is treated and monitored in the practitioner’s office.
The companies products may not be sold or advertised at less than the Suggested Retail Price (SRP) /Patient Price in effect at the time of advertising. Advertising media includes the Internet, mailers/emails, flyers, inserts, coupons, posters, newspapers, magazines, catalogs, mail order catalogs, etc. Any advertisements, discounts, rewards programs, special offers, sales promotions, coupons, etc. must explicitly state “Not Valid on ECS Therapeutics or Patient One Products.” This policy applies to volume discounts or other promotions that would cause the unit price to be less than SRP/Patient Price. The companies reserve the right to modify SRP/Patient Price at any time and will notify customers of price modifications. Practitioners are solely responsible to comply with all applicable laws and regulations when advertising or selling the companies products.
Actual Resale Price
The companies MAP provisions do not establish the practitioner’s actual resale price. Practitioners are free to set the actual resale price as they deem appropriate, provided that all products checkout at or above the SRP/Patient Price (normally the page at which the end user finally purchases the product). Access to an actual resale price that is lower than SRP via the Internet may only be granted through restricted web pages protected by a unique code that is provided to patients treated in the Practitioner’s office only. This unique code may not be communicated via a broadcast email, published anywhere on the website or by any other means made known to anyone but the Practitioner’s private patients.
Customers are not permitted to sell or advertise the companies products on the Internet without the express written permission of the companies, or to sell our products to other businesses that will sell or advertise our products on the Internet. With permission, the companies products may be sold to customer’s patients on customer-owned sites with password-protected login only and in unit volumes appropriate for individual personal use only. We do not authorize or allow sales of our products to the general public including on third-party sites or auction-type marketplace or classified-ads-type websites (such as eBay, Amazon, Walmart Marketplace, etc.), drop-ship accounts (e.g. Overstock, Newegg, etc.), or on classified sites (e.g. Facebook Marketplace, Craigslist, etc.) or any social media or Internet forums. Customers may not sell online anonymously. The full name, address and telephone contact of your business should be clearly indicated on your website. Customers are not permitted to advertise the companies products that customer does not hold in inventory.
This will be strictly enforced. If our products appear on third-party websites from untraceable sources, third-party sites are obligated to adhere to the provisions of this Policy. Customers may not use any of the companies product names, trademarks or copyrights as part of a URL (Universal Resource Locator), secondary domain name, meta-tags, key words or file names. Customers may not advertise discounted or promotional ECS Therapeutics or Patient One products on Internet search engines (such as Yahoo, Google, etc.).
Branding, Copyright and Trademark
The integrity of the companies brand must be protected at all times. Content displayed on the companies website, product packaging, catalogs, product information sheets, brochures, advertisements, emails and other marketing materials are copyrighted and trademarked. The unauthorized use of copyrights, trademarks, logos, manufacturing images, product images, copy, or other of the companies information on the Internet without express consent is prohibited. All photos, images, and product and/or company description content pertaining to or describing the companies must be current and obtained from the companies directly. This information cannot be pulled from the companies website or other Internet sources, unless specifically directed in writing by the companies.
Compliance with All Applicable Laws; Prop 65
You must comply with all applicable federal, state and local laws, rules, regulations, and policies, and you must have all required licenses, permits, and approvals, related to the purchasing, marketing, storing, and selling of products purchased from the companies. This includes any and all consumer safety or consumer protection related laws, including but not limited to the California Safe Drinking Water & Toxic Enforcement Act of 1986 ("Prop 65").
For any Prop 65 affected products that you sell online to California consumers, please note that you are required to provide clear and reasonable warnings to your California customers prior to purchase. Do not remove or obstruct any on-label / on-package warning language.
Please contact email@example.com for a list of items that require a Prop 65 notice for California sales.
Resellers are responsible and liable for determining whether sales taxes apply to your sale of our products and are responsible for all taxes required to be assessed, collected, and paid when re-selling our products.
Practitioners must not make claims regarding the use of the companies products which do not appear on the label of the companies products or the companies' website, i.e. Practitioners shall not make claims that products treat specific diseases or conditions ("Disease Claims") in any written or electronic /online communications.
The companies products are for distribution in the United States only. Due to international regulations and policies governing such products, our products cannot be shipped internationally.
The companies-approved practitioners must abide by the terms and conditions outlined in this Policy, as well as the Terms and Conditions outlined on our web site. Should a customer fail to comply, the companies will notify them by phone, email or standard mail of the violation and immediately place the customer’s account on hold until the customer has come into compliance. Failure to comply with the MAP and Internet Resellers Policy may result in temporary or permanent revocation of the customer’s wholesale purchasing privileges, suspension of the account or termination of the account.
Last Updated June 2022