PORTLAND PET FOOD COMPANY SALES POLICY
EFFECTIVE JULY 1, 2019
This sales policy (“Policy”) has been adopted by Portland Pet Food Company, Inc. as of the date set forth above.
- Introduction and Policy Overview
Portland Pet Food Company is a manufacturer of only the highest quality pet meals, treats, and gear. We have worked with a number of retailers to support our mission of providing human grade dog products and to educate consumers about dog nutrition. As such, we believe that our products are most effectively marketed by retail accounts that are willing to invest in the promotion of the Portland Pet Food Company brand and mission, and in the delivery of superior customer service. We also believe that our ability to maintain this level of support for our products is undermined when we allow “free-riding” by retail accounts that do not make such investments.
- Policy Statement
To ensure that our products are marketed effectively, Portland Pet Food Company has unilaterally determined that we intend to distribute or authorize distribution of our products only to retailers which, in the sole and independent judgment of Portland Pet Food Company, meet the following criteria:
(a) The retailer sells Portland Pet Food Company Products only to the consuming public (i.e., end-users only; no wholesale or resale sales). Online sales are permitted ONLY through the retailer’s own online store website and not through any other online channel (i.e., Amazon.com).
(b) The retailer does not advertise Portland Pet Food Company Products at prices lower than the Manufacturer’s Suggested Retail Price, provided that, the foregoing restriction does not apply to sales, special promotions, and closeouts that are offered on a limited basis and for a limited period of time (i.e., once quarterly and for a period of no more than 30 days) and that are pre-approved by Portland Pet Food Company in writing. Portland Pet Food Company may approve or deny these requests in its discretion. The retailer is free to sell Portland Pet Food Company products at any prices that it, in its sole discretion, determines.
(c) The retailer does not sell or market Portland Pet Food Company products in any way that detracts from the Portland Pet Food Company premium brand image.
(d) The retailer does not engage in any illegal, deceptive, undesirable or improper selling practices, including loss leaders, bait and switch, or negative selling practices.
- Scope of Policy
(a) The products covered by this Policy include all products sold by Portland Pet Food Company.
(b) This Policy applies to advertised prices, not the price at which products are actually sold or offered for sale to an individual in-store or over the telephone.
- Advertising Guidelines
The Policy applies to all advertisements in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, apps, or any other electronic media.
Website features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, and automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the retailer and thereby constitute “advertising” under this Policy.
- Policy Enforcement
Portland Pet Food Company’s policy is to refrain from selling Portland Pet Food Company products to retailers who fail to meet the criteria set forth in this Policy.
This Policy is a unilateral statement of Portland Pet Food Company’s intentions with respect to the type of retail accounts to whom Portland Pet Food Company intends to sell products. This Policy is not a contract, nor an offer to form a contract, nor an offer to form a contract. Each retailer is free to acquiesce in this Policy in order to avoid a termination in supply of Portland Pet Food Company products. Portland Pet Food Company does not request or seek the acquiescence, agreement, or assurance of any retailer with respect to this Policy.
Portland Pet Food Company reserves the right to enforce this Policy as it deems appropriate. No retailer has any rights under this Policy with respect to how Portland Pet Food Company elects to enforce the Policy with respect to other retailers. Portland Pet Food Company does not seek any complaints or comments from its retailers about the pricing practices of any other retailers. Further, Portland Pet Food Company will not discuss the business dealings of any retailer with any other retailer.
Portland Pet Food Company reserves the right to change, amend, or discontinue this Policy at any time, and no retailer has any right to rely on the continued existence of this Policy or any effort or failure by Portland Pet Food Company to enforce its terms and conditions.
Portland Pet Food Company distributors, dealers, sales representatives and employees are not authorized to discuss this Policy or any pricing practices with any retailer. Portland Pet Food Company distributors, dealers, sales representatives and employees are strictly prohibited from seeking or accepting any assurance of compliance with this Policy. In the event any retailer becomes aware of any action by a Portland Pet Food Company distributor, employee or other representative or dealer that is inconsistent with the foregoing and desires to report such information to Portland Pet Food Company, the retailer should report that information, in writing, to email@example.com.