Minimum Advertised Price Policy

MAP POLICY — Updated January 1, 2023


8151 E Indian Bend Road, Suite 101

Scottsdale AZ 85250



PURPOSE: In order to protect and enhance Foundation Skincare’s standing among high-quality health product (“Products"), to protect the price integrity and value of Foundation Skincare Products, and to position Foundation Skincare properly in the market, Foundation Skincare ("FS") has unilaterally adopted this Minimum Advertised Price Policy (the "Policy"). This Policy applies to all retailers who purchase Foundation Skincare Products for resale. This Policy does not constitute an agreement, and is subject to change by Foundation Skincare at any time. Foundation Skincare, in its sole discretion, may interpret and apply this Policy as it deems appropriate.


BACKGROUND: Foundation Skincare revises this Policy in recognition that a supplier may establish the terms and conditions upon which it sells products, including the terms and conditions affecting the resale price. Because this Policy is Foundation Skincare’s unilateral announcement of the terms under which it may agree to sell, or continue to sell, the Products to retail accounts, Foundation Skincare will not seek or accept any assurances of compliance with it. Selling Foundation Skincare Brand Products at or above the Manufacturer's Suggested Retail Price ("MSRP") or Minimum


Advertised Price ("MAP") is not communicating acceptance or compliance. Enforcement of this Policy is at Foundation Skincare’s sole discretion. Foundation Skincare has no duty to enforce this Policy on behalf of its retailers and will not respond to complaints from retailers regarding sales practices of other retail partners.




EFFECTIVE DATE: This Policy is revised as of January 1, 2023.


NET PRICE: Under the terms of the Policy, the net price means the price actually paid by the consumer for any Foundation Skincare Brand Product. The Attached Schedule of Foundation Skincare Products and MSRP and MAP is subject to revision at the sole discretion of Foundation Skincare and will be available and distributed to retailers as revisions occur.


TERMS: All Foundation Skincare retail partners are free to sell Foundation Skincare Brand products at a price they deem to be appropriate. However, if the price for any Foundation Skincare Product is below the MAP price, the terms of this Policy will apply.


  1. Any Foundation Skincare Product covered by the Policy cannot be sold or advertised for sale at a price below the MAP. "Advertising" means any form of public communication, including without limitation on the Internet, through social media or in printed material.


  1. The Policy is in effect regardless of any claim by any retailer guaranteeing the lowest price, or stating they will beat any other retailer's price.


  1. Any attempt to advertise a selling price of any Foundation Skincare Products below MAP, directly or indirectly, will be considered an attempt to undermine the Policy and will therefore be considered a violation of the Policy. Such attempts may include, but are not limited to, advertisements referring to:


  1. Foundation Skincare specific rebates, volume incentives or any other   discounting
  2. Any gifts or premiums associated with the purchase of any Foundation Skincare Products.
  3. The offer by the retailer to pay sales tax for the consumer.
  4. Offering retailer-specific loyalty points, rewards or similar considerations.
  5. Any discounting of non-related products to offer a net price for Foundation Skincare Products less than that established by the Policy.


  1. Upon Foundation Skincare receiving notice of a violation of this Policy:
  2. Foundation Skincare may cancel all orders by electronic mail notice and refuse to accept new orders for a period of 30 days for all Products, including but not limited to all of the retailer's locations or through all Internet Channels.
  3. Upon notice of a second violation of this Policy, Foundation Skincare may cancel all orders by certified mail service and refuse to accept new orders for a period of 180 days for all Products and to all of the retailer's locations or through all Internet channels.


  1. Thereafter, upon notice of an additional violation of this Policy, Foundation Skincare may cancel by certified mail service all orders and refuse to accept new orders for any Products and the retailer may be removed from the approved lists of Foundation Skincare customers for any future orders.


  1. Any Foundation Skincare Brand Product that appears on the Internet, in social media or in printed material must be accompanied by the price for that product. Retailers may not omit the price, and instead substitute such terms as "Call for Special Pricing", "E-mail Us for Special Pricing", or any other language that implies a lower price or is designed to obscure the retail price. The retail price must appear with each Foundation Skincare Product. Additionally, the retail price must be at or above the MAP.


  1. Honest mistakes or inadvertent errors may be considered a violation of the Policy. The actual circumstances, as determined by Foundation Skincare, will dictate Foundation Skincare’s unilateral decision on handling these situations. Should it be determined that honest mistakes or

inadvertent errors may have caused a violation of the Policy, such Retailer may, in Foundation Skincare’s sole and absolute discretion, on a one-time basis only, be given 24 hours to correct the violation of the Policy or be subject to the cancellation provisions.


  1. All determinations of compliance or violation under this Policy will be made by Foundation Skincare in its sole and absolute discretion and are final. There is no appeal process for a finding of a violation to Foundation Skincare’s unilateral Policy.


  1. The Policy may be affected by promotions announced by Foundation Skincare from time to time or may change during promotional periods designated by Foundation Skincare. For periods of authorized Foundation Skincare promotion, which will be defined and communicated in writing or by electronic notice, retailers may advertise products in strict compliance with the special terms provided in the written notice of promotion, but no other advertising below the MAP will be permitted during the authorized promotional period.


  1. Foundation Skincare reserves the right not to conduct business with any retailer who sells the Products to any individual, persons, firms, or entities who are purchasing the Products for resale to any other persons except for consumer end users of the Products. Further, Foundation Skincare

reserves the right to refuse to sell the Products to any retailer or distributor found to be misrepresenting the structure or function of the Products as expressed on Foundation Skincare Brand Product packaging, website, and collateral marketing materials.


  1. This Policy is not intended to dictate the price at which our retailers actually sell Foundation Skincare Products or restrict in any way the manner in which our retailers market other product lines or in any way inhibit arrangements with other manufacturers.


Foundation Skincare MSRP, MAP & Wholesale Pricing 2023

  • Foundation Skincare UnTangled Supplement $65.00
  • Foundation Skincare Azelaic 14% Cream $45.00
  • Foundation Skincare Hair Serum $45.00
  • Foundation Skincare Firming Neck Cream $65.00
  • Foundation Skincare Niacinamide Lotion 10% $45.00
  • Foundation Skincare Vitamin C Lotion 20% $45.00
  • Foundation Skincare Pigmentation Defense Supplement $65.00
  • Foundation Skincare Hyaluronic Acid Lotion $45.00
  • Foundation Skincare Night Renewal Cream $45.00
  • Foundation Skincare Spectrum Supplement $65.00
  • Foundation Skincare MTXpert Supplement $65.00
  • Foundation Skincare PEA Cream $45.00


Any questions, please reach out to Foundation Skincare’s Customer Care Team (