Policy

General Criteria
  1. each sale must be made pursuant to a genuine veterinarian-client-patient clinical relationship;
  2. a registered veterinarian in New Zealand holding a current practicing certificate (the “treating veterinarian”) must provide active supervision of all indicated nutritional regimens as part of the veterinarian-client-patient clinical relationship;
  3. if the treating veterinarian is not on site, an on-site registered veterinarian must verify the treating veterinarian’s nutritional recommendation/authorisation;
  4. only the specific Hill’s Prescription Diet™ product recommended by the treating veterinarian may be sold;
  5. adequate client and patient records must be maintained and retrievable in the case of any health concerns;
  6. the retail outlet will additionally:
    1. ensure that at least one of its employees has undergone current nutritional training offered by Hill’s and that at all times an employee who has undergone such training will be readily available to answer customer questions;
    2. operate the Hill’s 100% guarantee policy in accordance with Hill’s requirements;
    3. only utilise and display:
      • logos, product images and content provided or approved by Hill’s for Hill’s products and company names,
      • up-to-date high-resolution product images obtained from Hill’s, and
      • up-to-date descriptions of the products obtained from Hill’s.
        NOTE: Hill’s will does not and will not assume or accept responsibility or liability for any incorrect or wrong logos, product images and materials used by the retail outlet in its outlet.
    4. make available for sale the portfolio of Hill’s Prescription Diet™ products to satisfy client and pet needs;
    5. store all Hill’s products appropriately in accordance with the storage standards provided by Hill’s, and only sell Hill’s products in their original packaging without alterations;
    6. only sell Hill’s products to end consumers; and comply with all applicable New Zealand laws, in particular, data protection, privacy and competition laws. 
Veterinary Practices

In addition to complying with section 1 (General Criteria) of this policy, all veterinary practices selling, recommending or authorising the purchase of Hill’s Prescription Diet™ products (“Veterinary Practice”) must meet or exceed the following criteria:

  1. the front of the facility must be clearly marked as a veterinary practice;
  2. the Veterinary Practice facility must have at least two-thirds of its floor space dedicated to providing veterinary medical services. For this purpose, “veterinary medical services” includes, but is not limited to, patient care under professionally acceptable standards of care for patient safety, examinations, laboratory work and analysis and medical record keeping; and
  3. the Veterinary Practice may only display, sell and recommend the Hill’s Prescription Diet™ products which are appropriate to, and consistent with, the level of diagnostic and veterinary medical care provided.
Mobile Veterinary Practices

In addition to complying with section 1 (General Criteria) of this policy, veterinarians who do not practice in a clinic environment (“Mobile Vets”) may sell and provide recommendations/ authorisations for Hill’s Prescription Diet™ products to their patients only if:

  1. Hill’s Prescription Diet™ products are not displayed within or sold from a fixed non-veterinary clinic location (i.e., a residence, storefront or warehouse); and
  2. Hill’s Prescription Diet™ products sold, recommended or authorised by the Mobile Vet are delivered either to the Mobile Vet’s “ship-to” address of record via carrier of goods under the Carriage of Goods Act 1979 or to another Hill’s authorized veterinary practice facility.
Veterinary Practices within Retail Pet Supply Stores

In addition to complying with section 1 (General Criteria) and 2 (Veterinary Practices) of this policy, all Veterinary Practices that operate within a retail pet specialty store must meet the following criteria:

  1. the retail pet specialty store within which the Veterinary Practice operates must comply with the Hill’s™ Science Diet™ and Hill’s Ideal Balance™ Distribution Policies;
  2. a Veterinary Practice must, at minimum, provide complete physical examinations, basic in-house diagnostic work-ups for any problems identified in basic screening;
  3. Hill’s Prescription Diet™ products may be displayed only from a controlled and segregated retail display area within the floor space exclusively dedicated to the veterinary practice or which is adjacent to such veterinary practice within the retail pet supply store (the “Veterinary Retail Environment”). For the avoidance of doubt, Hill’s Prescription Diet™ products may not be displayed within the floor space exclusively dedicated to the retail pet specialty section of the store;
  4. Hill’s Prescription Diet™ products may be sold from the Veterinary Retail Environment only with veterinary recommendation or authorisation from a registered veterinarian holding a current practicing certificate with a genuine veterinarian-client-patient clinical relationship;
  5. Hill’s Prescription Diet™ products may be sold through (i) the veterinary clinic register; or (ii) to clients who present a nutritional recommendation card from their treating veterinarian or a veterinary clinic prior to purchase at the retail pet specialty store register.
  6. the retail pet specialty store within which the Veterinary Practice operates or the Veterinary Practice alone must not be used for collection of Hill’s products purchased on its website under section 6 of this policy. 
Internet Sales

Pre-clearance and authorisation by Hill’s
Retail accounts which meet the criteria in section 1 (General Criteria), and one or more of section 2 (Veterinary Practices), section 3 (Mobile Veterinary Practices), section 4 (Vet Animal Pharmacy), or section 5 (Veterinary Practices within Retail Pet Supply Stores) of this policy may sell Hill’s Prescription Diet™ products online through their wholly owned website provided they are first assessed by Hill’s as an Authorised Hill’s Therapeutic Product e-Retailer (“Authorised e-Retailer”). For the purposes of this policy, an Authorised e-Retailer means a retail account that meets or exceeds the requirements of section 7 below (as determined by Hill’s).

Website Requirements

The website of an Authorised e-Retailer must:

  1. be wholly owned and operated by the Authorised e-Retailer;
  2. list and offer for sale pet foods, at least 2/3 of which are comprised of premium, super premium and specialty pet food brands;
  3. make it clear that the core activity of the website relates to the sale of pet food and veterinarian products and services;
  4. have a separate section and landing page of the website, dedicated to the sale of “Therapeutic” pet food products;
  5. only list and sell Hill’s Prescription Diet™ products via or through the Therapeutic pet food product landing page (for the avoidance of doubt, Hill’s Prescription Diet™ products should not be listed or shown on the website’s Wellness pet food products landing page and/or next to any Wellness pet food product);
  6. only utilise and display:
    • logos, product images and content provided or approved by Hill’s for Hill’s products and company names;
    • up-to-date high-resolution product images obtained from Hill’s;
    • up-to-date descriptions of the products obtained from Hill’s.
      NOTE: Hill’s does not and will not assume or accept responsibility or liability for any incorrect or wrong logos, product images and content used by the Authorised e-Retailer on its website.
  7. make available for sale the portfolio of Hill’s Prescription Diet™ products to satisfy client and pet needs;
  8. provide educational content, including but not limited to that provided by Hill’s, regarding pet nutrition and be able to integrate content videos;
  9. engage the community of pet owners through forums and other activities that allow them to share product experiences;
  10. allow for shopping and sales transactions to be completed wholly and securely within its website without the pet owner being directed to a third-party website;
  11. provide for shipping anywhere in New Zealand and processing and shipping of orders within seven days;
  12. have a helpdesk facility where consumers can ask questions about pet nutrition and pet medical conditions by phone and/or email to the registered veterinarian or veterinary clinic employed by or supporting the Authorised e-Retailer (collectively, to be referred to as the “Supporting Veterinarians”) based in New Zealand;
  13. have clearly showing on its either home page or its separate Therapeutic product home page:
    • the full name of the Supporting Veterinarian, including a link ideally to that veterinarian or veterinary clinic’s contact details and biography(ies); and
    • contact details or a link to the website’s helpdesk facility;
  14. ensure that the website and the helpdesk facility is supported by Supporting Veterinarians, comprising of at least one full time registered veterinarian in New Zealand holding a current practicing certificate (issued by the Vet Council of New Zealand) who have undergone nutritional training offered by Hill’s and be available to answer consumer questions received through the website;
  15. ensure that the Support Veterinarian(s) respond to consumer questions:
    • if a consumer query is received on a business day within business hours, then by no later than end of that business day; or
    • if a consumer query is received outside of business hours, then by no later than end of the next business day;
  16. ensure that the full name of the Supporting Veterinarian is noted on all purchase orders for Hill’s Prescription Diet™ products;
  17. guarantee secure payment options and procedures for consumers;
  18. only sell Hill’s products to end consumers; and
  19. comply with all applicable New Zealand laws, in particular, e-commerce, data protection, and privacy and competition laws.
General Sale Requirements

The following criteria apply to all sales of Hill’s Prescription Diet™ products by an Authorised e-Retailer on its website:

  1. each sale must be made pursuant to a nutritional recommendation/ authorisation from a registered veterinarian in New Zealand holding a current practicing certificate with a genuine veterinarian-client-patient clinical relationship (the “treating veterinarian”);
  2. a registered treating veterinarian must provide active supervision of all indicated nutritional regimens as part of the valid veterinarian-client-patient relationship; and
  3. only the specific formula recommended by the treating veterinarian may be sold.
Verification of Veterinarian’s Recommendation Authorisation

In order to comply with section 7 of this policy, each retail sale of a Hill’s Prescription Diet™ product requires confirmation that the pet has been seen by a registered veterinarian prior to the purchase of the Hill’s Prescription Diet™ product on the Authorised e-Retailer’s website, and that the Hill’s Prescription Diet™ product to be purchased is the same Hill’s product recommended by a registered veterinarian.

Verification of a registered veterinarian’s recommendation or authorisation can be achieved by the Authorised e-Retailer through the use of pop-up self-declaration windows on its website, which appear immediately prior to purchase and payment by the consumer, and which declarations seek the FIRST, SECOND and THIRD confirmations set out below from the consumer:

  • That the Hill’s Prescription Diet™ product will be used solely for the pet and indication (which is based on the recommendation from the treating veterinarian) for which it is being ordered (using the same or similar text below):
    “I confirm that my pet was examined by a veterinarian who recommended the use of [Name of Product] on the basis of his/her diagnosis”;

  • b. That the consumer has read and understood that whilst the pet is using the product ordered, it is recommended that the consumer seek veterinary advice at least every 6 months regarding usage and continuation of the Hill’s Prescription Diet™ product recommended and ordered (using the same or similar text below):
    “I have read and understood that whilst my pet is being fed [Name of Product], it is recommended that I seek veterinary advice at least every 6 months regarding the usage of [Name of Product]”;
  • That the consumer has read and understood that whilst the pet is using the product ordered, it is recommended that the consumer immediately seek veterinary advice if their pet’s condition deteriorates in any way (using the same or similar text below:
    “I have read and understood that I need to seek immediate veterinary advice if my pet’s condition deteriorates in any way while I use [Name of Product]”.

Hill’s does not and will not accept or assume responsibility and/or liability should a pet be treated with the incorrect Hill’s Prescription Diet™ product purchased via the e-Retailer’s website.

For the avoidance of doubt, if an Authorised e-Retailer has not been authorised by Hill’s as an Authorised e-Retailer pursuant to this policy, Hill’s does not and will not accept or assume responsibility and/or liability for all or any Hill’s branded content and Hill’s branded pet food products sold by that Authorised e-Retailer on its website.

Additional Requirements
  1. Authorised e-Retailers must purchase Hill’s products directly from Hill’s or a Hill’s authorised wholesaler.
  2. The name, logo and web address of the Authorised e-Retailer may not contain anything confusingly similar to “Hill’s Prescription Diet”, “Hill’s Science Diet”, “Hill’s Ideal Balance”, “Hill’s Pet Nutrition”, “hillspet.com”, “hillsvet.com” or any other trademarks or trade names which are the property of Hill’s Pet Nutrition, Inc. or any of its related companies in any jurisdiction.
  3. Delivery of orders to consumers is the sole responsibility of the Authorised e-Retailer. Delivery must be made directly to the pet owner, with no further sub-distribution to wholesalers or other retailers.
  4. e-Retailers must use best efforts to display on their websites (or feature a thumbnail which can be clicked in order to view) current Hill’s explanatory brochures and other literature provided by Hill’s which offer technical information or nutritional advice,including Hill’s feeding guides, provided that Hill’s provides the information in electronic format and subject to a Hill’s license agreement.
  5. Authorised e-Retailers must store all Hill’s products appropriately in accordance with the storage standards provided by Hill’s, and only sell Hill’s products in their original packaging without alterations.
  6. Where an Authorised e-Retailer uses (or is hosted by) a third party platform to operate its website, such use will only be permitted by Hill’s if that third party platform also meets the criteria established in this policy and consumers will not be required to access the Retailer’s website through or via the third party platform.
  7. Authorised e-Retailers must operate the Hill’s 100% guarantee policy in accordance with Hill’s requirements.
  8. Authorised e-Retailers must use best endeavours to regularly check in with Hill’s to ensure that the logos and trademarks, product images and product descriptions of Hill’s products displayed on its website remain the most up-to-date versions (and if not, proceed to use and display the up-to-date versions, as provided by Hill’s).
  9. Authorised e-Retailers complying with this policy may also sell Hill’s™ Science Diet™ and Hill’s™ Ideal Balance™ products online in its website subject to the e-Retailer’s compliance with Hill’s™ Science Diet™ and Hill’s™ Ideal Balance™ e-Retailer distribution policies.
Audit Non-Compliant Conduct

Each Veterinary Practice, Mobile Vet and Vet Animal Pharmacy authorised to sell Hill’s Prescription Diet products under this policy, (each a Retailer), whether or not also an Authorised e-Retailer, will permit Hill’s to conduct audits of its retailing/e-retailing business and operations, at the Retailer’s expense and at time(s) to be agreed upon by the parties, to enable Hill’s to verify continuing compliance with this policy.

Term

The Retailer’s authority to sell Hill’s Prescription Diet™ under this policy is subject to, and remains only effective, for the Term specified under the Rebate Agreement executed between Hill’s and the Retailer, or unless expressly terminated in writing by Hill’s, whichever is the earlier.