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Dear Retailer,
At Nature’s Way Brands, LLC (“Nature’s Way”), we are committed to you—the retailer partners that have helped our company become a leader in the health supplement industry. To protect our brands and support your business, we implemented the Nature’s Way Brands, LLC Authorized Retailer Policy. The Authorized Retailer Policy was effective on March 15, 2019. That policy remains in effect today.
Key Features of the Authorized Retailer Policy:
Finally, we have implemented a unilateral Minimum Advertised Price (MAP) Policy which applies to all authorized sellers of Nature’s Way products located in the United States. Please reach out to your Nature’s Way sales representative for any questions related to the MAP Policy.
Thank you for your careful attention to these attached documents and for your continued support of the Nature’s Way brands.
Sincerely,
Juan Arrieta
Vice President, eCommerce Sales
Nature’s Way Brands, LLC
NATURE’S WAY BRANDS, LLC AUTHORIZED RETAILER POLICY
Effective Date: March 15, 2019
This Nature’s Way Brands, LLC Authorized Retailer Policy (“Retailer Policy”) is issued by Nature’s Way Brands, LLC (“Nature’s Way”) and applies to the sale of Nature’s Way products (“Product(s)”) in the United States of America. By purchasing Products from Nature’s Way for retail sale, you (“Retailer”) agree to adhere to the following terms. This Retailer Policy supplements any then-current retailer agreement between you and Nature’s Way. To the extent any terms in this Retailer Policy are inconsistent with a prior Nature’s Way policy or agreement applicable to Retailer, the terms of this Retailer Policy shall govern and control. Until such status is otherwise revoked by Nature’s Way, in Nature’s Way’s sole and absolute discretion, Retailer shall be considered an “Authorized Retailer” hereunder. Nature’s Way may review Retailer’s activities for compliance with this Retailer Policy, and Retailer agrees to cooperate with any such investigation, including, but not limited to, permitting inspection of Retailer’s facilities and records related to the sale of the Products.
a. Retailer shall comply with all instructions provided by Nature’s Way regarding the storage, handling, shipping, disposal, or other aspect of the Products. Retailer shall store Products in a cool, dry place, away from direct sunlight.
b. Retailer shall sell Products in their original packaging. Relabeling, repackaging (including the separation of bundled Products or the bundling of Products), and other alterations to Products or their packaging are prohibited. Retailer shall not remove, translate, or modify the contents of any label or literature on or accompanying the Products. Retailer shall not tamper with, deface, or otherwise alter any serial number, UPC code, batch or lot code, or other identifying information on Products or their packaging. Retailer shall not alter or dilute Products.
c. Retailer shall not represent or advertise any Product as “new” that has been returned open or repackaged.
d. Promptly upon receipt of the Products, Retailer shall inspect the Products and their packaging for damage, defect, broken seals, evidence of tampering, or other nonconformance (a “Defect”). If any Defect is identified, Retailer must not offer the Product for sale and must promptly report the Defect to Nature’s Way at CustomerServiceOrders@NaturesWay.com.
e. Retailer shall inspect its inventory regularly for expired or soon-to-be expired Products. Retailer shall not sell any Products that are expired or that do not have an adequate useful shelf-life remaining (for example, fewer days until expiry than servings in the container). Retailer shall destroy or dispose of expired or soon-to-be expired Products in accordance with instructions provided by Nature’s Way.
f. Retailer shall be familiar with the special features of all Products marketed for sale and must obtain sufficient Product knowledge to advise customers on the selection and safe use of the Products, as well as any applicable warranty, guarantee, or return policy. Retailer shall provide a high level of customer service and shall be responsive to customer inquiries both before and after sale of the Products. Retailer shall refer technical questions regarding the Products to Nature’s Way
g. Retailer shall cooperate with Nature’s Way with respect to any Product tracking systems that may be implemented from time to time.
h. Retailer shall cooperate with Nature’s Way with respect to any Product recall or other consumer safety information dissemination efforts.
i. Retailer shall report to Nature’s Way any customer complaint, any information related to the safety of or a potential hazard associated with the Products, or adverse claim regarding the Products of which it becomes aware. Retailer shall assist Nature’s Way in investigating any such complaints or adverse claims.
j. Retailer shall cooperate with Nature’s Way in the investigation and resolution of any quality or customer service issues related to Retailer’s sale of the Products, including disclosing information regarding Product sources, shipment, and handling.
Please contact CustomerCare@naturesway.com with any questions.
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