Map Policy

Minimum Advertised Pricing Policy 

Effective Immediately, Minimum Advertised Price policy on Pendulum Therapeutics, Inc. (“Pendulum”) products (herein referred to as "MAP policy"). 

As used in this MAP policy, “reseller” means any reseller, distributor, sales representative or dealer. 

Pendulum Therapeutics is disrupting the probiotics industry. Pioneering the next frontier to address metabolic health, the biotech company develops microbiome-targeted products that are powerful and efficacious with the safety and accessibility of a probiotic. Led by Colleen Cutcliffe, Co-founder and CEO who received her Ph.D. in Biochemistry and Molecular Biology from Johns Hopkins University, Pendulum was founded in 2012 by a diverse team of scientists with deep microbiology, biochemistry, computational and clinical expertise. Pendulum’s world-class investors include Sequoia Capital, True Ventures, Meritech Capital, Khosla Ventures, THVC, and Mayo Clinic among others. Pendulum Therapeutics is headquartered in San Francisco, CA. 

Pendulum has spent the last several years building a brand of strong recognition and high perceived value. By not adhering to the established MAP policy, a reseller can dramatically diminish or detract from the perceived value of Pendulum’s brands and products. The global impact of the internet can cause great harm to any company's products if they are advertised at prices that will eliminate legitimate retail competition. 

The MAP policy has been established by Pendulum to help preserve and protect the reputation of Pendulum's name, brand, and products. The MAP policy is also designed to ensure resellers have the incentive to invest resources into services for Pendulum's customers and is intended to allow consumers to purchase from resellers based on loyalty and customer experience. In the interest of protecting both resellers and consumers, it is necessary to abide by the following requirements.

1. The Minimum Advertised Price for any Pendulum product shall be no less than the current Membership Price as published on the Pendulum website pendulumlife.com. This Minimum Advertised Price is established by Pendulum and may be adjusted by Pendulum at such time and in such amounts as it may determine at its sole discretion. 
2. You shall not list Pendulum’s products on any third-party website, such as Amazon, ebay, Overstock, etc. or any others, without prior written consent from Pendulum. Selling Pendulum’s products on one’s own website associated directly with one’s store(s)/practices is permissible so long as this MAP policy is adhered to. 
3. This MAP policy applies to all advertisements of Pendulum products in any and all media, including, but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, internet or other electronic media, television, radio, and public signage. This MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customers. 
4. This MAP Policy applies to all advertised prices for the products. The MAP Policy is not, and is not intended to be, an agreement or understanding of any kind, express or implied, regarding the price at which the Reseller may sell the products. A Reseller may sell the products at any price it chooses. No officer, employee, representative or agent of Pendulum has authority to (i) enter into any agreement or understanding with respect to the price at which the Reseller sells the Products; or (ii) coerce or otherwise force the Reseller to price the products at any level other than that unilaterally determined by the Reseller. The Reseller within its own discretion can choose to acquiesce or not acquiesce with this policy. Pendulum will not discuss conditions of acceptance related to this policy. This policy is non-negotiable and will not be altered, modified or amended for any Reseller. Please note that following the actions of another reseller is not an exception to this MAP Policy and will be considered a violation.
5. The inclusion in advertising of free or discounted products, with a product covered by this MAP policy, would be contrary to the MAP policy if it has the effect of discounting the advertised price of the covered product below the Minimum Advertised Price. 
6. If pricing is displayed anywhere other than a brick-and-mortar-retail store, any strike-through or other alteration of the Minimum Advertised Price is prohibited. 
7. This MAP policy does not establish maximum advertised prices. All resellers may offer Pendulum products at any price in excess of the Minimum Advertised Price. 
8. The MAP policy does not, in any way, limit the ability of any reseller to advertise that "they have the lowest prices" or, they "will meet or beat any competitors’ price," that consumers should "call for a price" or phrases of similar meaning as long as the price advertised or listed for the product is not less than the Minimum Advertised Price. 
9. Pendulum maintains the right to run a temporary sale at its discretion, and in such case, the Minimum Advertised Price will be the same as the temporary sale price on those particular items for that particular time period. 
10. If a reseller with multiple store locations violates this MAP policy at any one store location, or on any associated website, then Pendulum will consider this to be a violation of this MAP policy by the reseller. 
11. Pendulum may, from time to time, enable third party end user sellers, primarily health care practitioners, with coupon codes for purchase of initial units of its products. If an end-seller uses such coupon codes applied as a discount to MSRP they must not be listed publicly and may only be used one time for one purchase. 
12. Pendulum reserves the right to cancel any pending orders, restrict future orders, or suspend a reseller's account if Pendulum reasonably believes: (i) a reseller has violated the provisions of the MAP policy; or (ii) a reseller intends to violate the MAP policy. 
13. Pendulum’s' MAP Policy Administrator is solely responsible for determining whether a violation of the MAP policy has occurred, as well as for determining appropriate consequences and sanctions. 
14. Waiver to the MAP policy may be granted in Pendulum's sole discretion by the MAP Policy Administrator in a written waiver. Pendulums' sales and marketing personnel, or any other personnel, are not authorized to modify or grant exceptions to the MAP policy. If the MAP Policy Administrator authorizes a waiver of the MAP policy, resellers must strictly adhere to the terms of the written waiver. Deviation from the terms of the written waiver is a violation of the MAP policy. 
15. Pendulum monitors the advertised prices of resellers, either directly or via the use of third-party agencies or tools. Resellers are expected to provide reasonable cooperation in any Pendulum investigations regarding possible MAP policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Pendulum MAP policy investigation is a violation of the MAP policy. 
16. The MAP policy will be enforced by Pendulum in its sole discretion and without notice. Resellers have no right to enforce the MAP policy. Violations of the MAP policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. 

All questions related to the MAP policy should be directed to: BrandProtection@pendulumlife.com