MAP Policy for Wholesale Partners

To our Valued Partners, including Distributors, Retailers, Resellers, and e-Commerce vendors selling Essential Oxygen products in the United States:

To preserve brand value, protect authorized sellers' margins, and ensure a level playing field, Essential Oxygen has established this unilateral MAP Policy ("Policy"). This Policy does not restrict actual selling prices, only advertised prices. Sellers remain free to set their own final selling prices at their sole discretion.

2. Definitions

3. Covered Products

This Policy applies to all products and SKUs listed in the MAP Schedule ("Covered Products"). The MAP Schedule will be updated at the sole discretion of Essential Oxygen and distributed via email or vendor portal with version numbers and effective dates.

Any modifications to the MAP Schedule will be effective 30 days after notification to Authorized Sellers unless otherwise specified.

4. Minimum Advertised Price Requirements

The Minimum Advertised Price for each Covered Product is listed in the MAP Schedule. Authorized Sellers may not advertise Covered Products at a Net Price lower than the applicable MAP.

4.1 What Is Covered by This Policy

Advertised Prices in the following contexts are subject to MAP:

4.2 What Is NOT Covered by This Policy

The following are excluded from MAP requirements:

4.3 Special Situations

Product Bundles: When a Covered Product is sold as part of a bundle, the effective per-unit advertised price of the Covered Product within the bundle must not be below MAP.

Promotional Offers: The following promotional structures are subject to MAP:

Dynamic Pricing: Sellers using automated pricing algorithms remain responsible for ensuring all advertised prices comply with MAP.

Third-Party Sellers on Marketplaces: Account holders on marketplaces (Amazon, Walmart, etc.) are responsible for ensuring that all sellers under their account comply with this Policy. Essential Oxygen may monitor all listings, regardless of seller structure.

5. Policy Administration

5.1 Unilateral Nature

This Policy is unilateral and non-negotiable. It does not constitute an agreement, does not require any seller's consent, and may be adopted, modified, or terminated by Essential Oxygen at any time at its sole discretion. Nothing in this Policy obligates Essential Oxygen to do business with any seller.

5.2 Monitoring and Enforcement

Essential Oxygen reserves the right to monitor advertised prices through manual review, automated monitoring tools, and third-party services. Upon detection of a suspected MAP Violation, Essential Oxygen will document the violation with screenshots, archived web pages, or other appropriate evidence.

5.3 Violation Determination

Essential Oxygen will determine, in its sole discretion, whether a MAP Violation has occurred based on available evidence.

5.4 Enforcement Steps

The following sequence is typical, but Essential Oxygen reserves the right to take any action it deems appropriate in its sole discretion:

Essential Oxygen reserves the right to implement more severe consequences for egregious or repeated violations, or to exercise leniency for minor infractions based on the circumstances.

5.5 Appeal and Dispute Process

Sellers who believe a violation notice was issued in error may submit a written appeal within 5 business days of receiving notice.

Appeals must include:

Essential Oxygen will review appeals and respond within 10 business days. All decisions are final and at Essential Oxygen's sole discretion.

6. Exemptions

The following situations are exempt from MAP requirements:

6.1 Pre-Approved Promotions

Promotional events approved in writing by Essential Oxygen are exempt for the approved timeframe only. Requests for promotional pricing must be submitted at least 14 days in advance to wholesale@essentialoxygen.com

6.2 Discontinued Products

Products officially discontinued by Essential Oxygen and marked as such in writing may be advertised below MAP for clearance purposes.

6.3 Damaged or Returned Goods

Products that are damaged, returned, refurbished, or otherwise not in new condition may be advertised as such with pricing below MAP, provided the condition is clearly disclosed in the advertisement.

6.4 Going Out of Business

Sellers with documented proof of permanent business closure may be granted exemption for final inventory liquidation upon written request and approval.

7. Policy Modifications

Essential Oxygen reserves the right to modify, suspend, or terminate this Policy at any time. Modifications will be communicated via email or through the vendor portal and will become effective 30 days after notification unless a different effective date is specified.

Continued sale of Covered Products after the effective date of any modification constitutes acceptance of the modified Policy terms.

8. No Price Fixing

This Policy establishes minimum advertised prices only. It does not:

Sellers are free to set their own final selling prices and to compete on price, service, and other factors.

9. Questions and Contact Information

Any questions about this Policy may be directed to:

10. Acknowledgment

This Policy does not require seller acknowledgment or signature. However, continued participation in the sale of Essential Oxygen products constitutes understanding of and agreement to comply with this unilateral Policy.

Appendix A: MAP Pricing