Wakunaga of America Co., Ltd. Internet Minimum Advertised Price Policy for the United States
Effective: June 1, 2019; Last Updated: March 15, 2026
- Purpose
There are certain advertising practices that undermine the reputation, brands, goodwill, and premium image of Wakunaga of America Co., Ltd. (“Wakunaga”) products with our target customer population and discourage our sellers from investing in our products and providing the best possible service and support to customers. To protect the integrity of our brands, we are implementing this unilateral Internet Minimum Advertised Price Policy (IMAP) for the United States (“Policy”), which applies to all authorized sellers (“Sellers”) of our products advertising to end user customers in the United States via the internet. This Policy is effective [March 15, 2026] and supersedes all of our prior policies or representations regarding minimum advertised prices or minimum resale prices for the Covered Products (as defined below) applicable to Sellers.
- Covered Products
This Policy applies to advertisements of our products listed on the Wakunaga Unilateral Price Grid (“Covered Products”), the current version of which is available at https://kyolic.com/wakunagaupp/. The Unilateral Price Grid will be made available to all Sellers and may be changed by us at any time in our discretion. Sellers are responsible for reviewing the current Unilateral Price Grid, but we will work to notify Sellers promptly when updates are made to it.
- The Internet Minimum Advertised Price
The “internet minimum advertised price” (“IMAP”) is the lowest price at which the Covered Product may be advertised. We are solely responsible for (1) establishing the IMAP for each Covered Product and (2) communicating the Policy to all Sellers (including via directing any distributors to pass down the Policy to their resellers). While Sellers remain free to advertise and sell all of our products (including the Covered Products) at any price, it is a violation of this Policy for a Seller to advertise any Covered Product at a price lower than the IMAP unless otherwise set forth herein.
- Advertising and Advertisements
The terms “advertising” and “advertisement” include all promotional or pricing information related to Covered Products displayed in any type of media, including, but not limited to:
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The terms “advertising” and “advertisement” do not include:
- Signage and other pricing information displayed within a brick-and-mortar selling location
- The price on any “check-out page” of any Reseller’s website or related internet site (typically the page at which the end user has placed a product into their shopping cart that contains the customer’s name, shipping address, email address, and payment information of a transaction), provided, however, that pricing information in the shopping cart or the checkout page must be obscured technically so that it is not retrievable by shopping and pricing engines and not displayed on search page results within the Reseller’s own website or on-line storefront.
- Policy Violations and Permissible Promotions
Direct or indirect attempts to circumvent this Policy violate this Policy. Other advertisements that violate this Policy include, but are not limited to:
A. Displaying the advertised price of the Covered Product below the IMAP.
B. Offering coupons, discounts, rebates, or other inducements that, when applied, result in an advertised price lower than the IMAP, including through use of a storewide sale, category-wide sale, website-wide sale, promotional code, or other similar provision that can be applied to the Covered Products.
C. Bundling Covered Products with other products or services (whether made by or provided by Wakunaga or another entity) in a manner that implies below-IMAP pricing for the bundled Covered Product(s).
D. Strikeouts or strikethroughs of advertised pricing information, “see price in cart,” or other statements or graphics that suggest a lower price for a Covered Product may be found in the online “shopping cart” or on the online “checkout” pages.
E. Permitting any third-party to alter the advertised price for any Covered Product.
Notwithstanding the foregoing, it is not a violation to advertise the following:
F. That a customer may “call for price,” “text for price,” or “email for price,” as long as no price is listed and no automated call, text message, or “bounce-back” email is used in response.
G. Free or reduced-price shipping or financing, as long as such offer applies to all or almost all other products offered by the Seller in the same product category.
H. “Subscribe and Save,” “Auto-ship and Save,” or other subscription or auto-replenishment loyalty discount programs which result in a Covered Product being advertised at a price lower than the IMAP, provided that such programs do not advertise a discount of more than five percent (5%) below the Covered Product’s IMAP.
I. A gift card redeemable for value on a future purchase with the purchase of a Covered Product.
- This Policy Is Not an Agreement and Is Non-Negotiable
This Policy is not an agreement between Wakunaga and any other entity. We do not seek and will not accept any promise of compliance with this Policy from any Seller or other party, and each Seller must independently choose whether to comply with this Policy. This Policy is not negotiable and will not be altered for any individual Seller.
- IMAP Holidays
We may announce IMAP holidays or promotions that are applicable to all Sellers, during which periods a Seller that advertises a Covered Product in compliance with the terms of the IMAP holiday will not be considered to have violated this Policy. These IMAP holidays and/or authorized promotions will be identified on the Authorized Promotions Schedule within this Policy. Wakunaga recommends Sellers to review the Policy and Authorized Promotions Schedule on a quarterly basis.
- Noncompliance
We will take the following actions against any Seller that does not comply with this Policy:
First Violation: Wakunaga will notify the Seller in writing of such failure and will immediately place the Seller’s account on shipping hold for thirty (30) days. Wakunaga will revoke its acceptance of any pending orders, cancel any pending shipments to the Seller, and not accept any new orders from Seller during this 30-day period. All distributors will be notified that you are not authorized to purchase products during this period.
Second Violation: Wakunaga will revoke the Seller’s “authorized” status and inform Wakunaga’s distributors of the same. If the Seller purchases directly from Wakunaga, Wakunaga will terminate its business relationship with the Seller and revoke its acceptance of any pending orders and cancel any pending shipments to the Seller.
We will enforce this Policy in our sole discretion. Sellers have no right to enforce this Policy.
- Policy Administration
We may update, revise, suspend, or otherwise modify this Policy at any time in our discretion, and any modifications will be made available to all Sellers.
Our employees or agents (including sales personnel) have no authority to (i) modify, interpret, or grant any exceptions to this Policy; (ii) solicit or obtain the agreement of any person or entity to comply with this Policy; or (iii) discuss any aspect of this Policy with any Seller, including any Seller’s compliance with the terms. Any questions regarding this Policy should be sent in writing to our IMAP Policy Coordinator at upp-committee@wakunaga.com. We will not accept any other form of communication from Sellers regarding this Policy.
To download a copy of this policy click on link below:
Wakunaga – United States Internet Minimum Advertised Price Policy & Grid 20260315
WAKUNAGA OF AMERICA UNILATERAL PRICE GRID
(Effective March 15, 2026)
