Distribution Policy
Upated: July 30, 2024Gorilla Mind, LLC (“Gorilla Mind”) has spent years building a brand of strong recognition and high value to consumers and retailers. By not adhering to the established distribution policy from Gorilla Mind, a reseller can dramatically diminish or detract from the value of our brands and products.
The global impact of the internet can cause great harm to any company's products if those products are advertised at detrimental prices that will negatively impact and/or eliminate legitimate retail competition. We have implemented this Distribution Policy to preserve our strong reputation for providing customers with high value products that are representative of Gorilla Mind’s high quality brand standards. We greatly appreciate the efforts of all resellers to distribute our products and support their customers in a way that is compliant with the Distribution Policy from Gorilla Mind.
Unilateral Policy
You are free to decide whether to follow this Policy. This Policy does not constitute an agreement between you and Gorilla Mind, and Gorilla Mind is not seeking a response from you.
Although you remain free to resell Gorilla Mind products at the price of your choosing, as of the effective date of this letter, Gorilla Mind will cancel all orders and indefinitely terminate any supply relationship with a reseller that Gorilla Mind determines has advertised, offered, or sold its products to consumers at a net retail sales price that is less than the minimum retail price set and announced by Gorilla Mind on a periodic basis (the "Minimum Advertised Price" or “MAP”).
This Distribution Policy is non-negotiable. Upon violation of the Policy, in Gorilla Mind’s sole discretion, Gorilla Mind will immediately cease shipment of products to the violating reseller or to any distributors supplying products on a sub-distribution basis to other resellers in the market via online or offline channels of trade. Probationary or suspension periods will not be permitted except with the express written consent of Gorilla Mind.
Minimum Advertised Price
As of the effective date, the Minimum Advertised Price for our products is as established in Schedule 1, as updated from time to time. Notwithstanding the foregoing, a temporary deviation of up to 5% below the prices listed in Schedule 1 is permitted for up to 30 days in order to accommodate advertising and promotions and provide flexibility in the market. This deviation is not a departure from the overall intent to maintain the value and integrity of Gorilla Mind's products. This Distribution Policy does not establish maximum advertised prices.
Gorilla Mind may at any time modify, suspend, or discontinue this Policy in whole or in part or specify certain periods during which the Policy is inapplicable.
This Distribution Policy is applicable to all forms of media as well as all visible and openly advertising, but not to any in-store advertising not generally distributed or openly advertised to customers outside of any in-store retail location. This Distribution Policy also applies to promotions and discounts regarding the products. However, this Policy does not apply to any competitor price matching or beating practices of resellers. This Policy also does not apply to general check-out discounts.
Other Policies
Gorilla Mind may also cease shipments of products to retailers who sell Gorilla Mind products on third-party websites including, but not limited to, Amazon.com or Walmart.com.
This Distribution Policy is enforceable by Gorilla Mind only. Gorilla Mind reserves the right to modify, suspend, or discontinue this Distribution Policy in whole or in part.
Gorilla Mind may occasionally offer special promotions on certain products. Special promotions suggested by Gorilla Mind and offered by the reseller do not violate this Distribution Policy.
This Distribution Policy applies equally to all resellers. This Distribution Policy is confidential.
Schedule 1
Category and Price List
| Product | Size | SRP | MAP |
|---|---|---|---|
| Gorilla Mode® pre-workout powder | 40-serving tub | $59.99 | $59.99 |
| Gorilla Mode Nitric® pre-workout powder | 40-serving tub | $59.99 | $59.99 |
| Gorilla Mode® Base pre-workout powder | 30-serving tub | $34.99 | $34.99 |
| Gorilla Mind™ Energy Drinks | 12-ct case | $34.99 | $34.99 |
| Single 16-oz can | $3.49 | $3.49 | |
| Gorilla Mode® Protein premium protein powder | 30-serving tub | $49.99 | $49.99 |
| Gorilla Mind Sigma Testosterone Booster capsules | 120-ct bottle | $49.99 | $49.99 |
| Gorilla Mind Respawn™ gaming formula powder | 40-serving tub | $59.99 | $59.99 |