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Internet Minimum Advertised (IMAP) Policy


 

Herbs, Etc., Inc.

Internet Minimum Advertised Pricing (IMAP) Policy

Effective May 1, 2013, Herbs, Etc., Inc. implemented an Internet Minimum Advertised Price (“IMAP”) policy designed to 1) support our valued full-service retail stores who invest in staff to educate their customers on the benefits of Herbs, Etc.’s herbal medicines, 2) support the Herbs, Etc. brand as a premium offering, and 3) avoid destructive intra-brand channel conflict.

This policy has been unilaterally adopted by Herbs, Etc. and will be uniformly enforced.

 

Policy Coverage

This IMAP policy covers all Herbs, Etc. resellers located in the United States. Although resellers remain free to establish their own resale prices, Herbs, Etc. will, without assuming any liability, unilaterally impose sanctions as described in this policy against resellers who advertise applicable Herbs, Etc. products at prices below those specified herein. Herbs, Etc. will not discuss any conditions of acceptance related to this IMAP policy, as it is non-negotiable, and will not be altered for any reseller. Herbs, Etc. neither solicits, nor will it accept, any assurance of compliance with this IMAP policy. Nothing in this IMAP policy or in any other contract or agreement with Herbs, Etc. shall constitute an agreement between Herbs, Etc. and reseller that the reseller will comply with this IMAP policy.

IMAP applies only to minimum advertised prices and does not apply to the price at which the products are actually sold, or to advertised prices higher than the unilateral minimum resale prices established by Herbs, Etc. from time to time.

 

Web addresses

All resellers must provide the web address(es) they use for advertising Herbs, Etc.’s products by registering through customerservice@herbsetc.com. These addresses must also include the retailer’s physical address. All web names used by third party resellers (blinded websites) that sell through such websites as Amazon.com/Ebay.com must be included. A retailer violates this IMAP policy if it resells Herbs, Etc.’s products to non-related etailers whose pricing do not comply with this IMAP policy.

 

Minimum Advertised Price

The current listing of products and applicable IMAP prices are published on Herbs, Etc.’s pricelist. The products and IMAP may be changed from time to time at Herbs, Etc.’s sole discretion. Herbs, Etc.’s resellers are responsible for remaining current with IMAP policy, products and pricing.

Herbs, Etc.’s resellers must base their pricing on Herbs, Etc.’s manufacturer suggested retail prices (MSRP). Herbs, Etc.’s IMAP policy does not in any way limit the ability of any dealer to advertise that “they have the lower price,” that they “will meet or match any competitor’s price” or that consumers should “call or email for a price,”as long as the price advertised or listed for the products is no greater than 15% off the MSRP.If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discount price greater than 15% off the MSRP is prohibited. The inclusion in advertising of free or discounted products with a product covered by the IMAP policy is contrary to the policy if it has the effect of discounting the advertised price of the covered product below the IMAP. All of Herbs, Etc. products are subject to the IMAP policy. Each advertisement below the IMAP will be a violation of the policy.

“Internet Advertised Price” includes prices listed in broadcast emails or placement of ads on any other internet sites, including destination pages and third-party sites such as portal sites, natural or paid search engine listings, social media sites, shopping sites, and auction sites, including banner advertising. Internet sites that ask their customers to utilize their shopping cart as a way of displaying pricing are in violation of this policy if that price is under IMAP. “Internet Advertised Price” does not include the price a customer receives in response to a “call for price,” “email for price,” or “see checkout for price” feature on the reseller’s specific website.

 

Statements indicating or implying lower prices

At no time during this IMAP program may the reseller make any statement or other indications on its website or other sites in connection with any Herbs, Etc.’s IMAP product(s) that indicates or implies that a lower price may be found at the online checkout stage including, but not limited to, the following:

“Check cart for lower price”            “Too low to show”                                                  “Mouse over for price”

“Click here for low price”                  “Add to cart for lower price”                        “Log in for price”

“See price in cart”                              “Price not displayed. Why?”

 

Links through other companies’ web sites

Using another company’s website displaying a lower price than the IMAP and offering a link to your website or to display a lower price than the IMAP is prohibited.

 

Applicable laws and regulations

Resellers assume the liability and responsibility for the resale of Herbs, Etc.’s product through the internet. They are responsible for compliance with all applicable laws and regulations (federal, state, county, or local), as well as all Food and Drug Administration requirements. Resellers are reminded that Herbs, Etc.’s products are not intended to diagnose, treat, cure, or prevent any disease

 

Policy Violations

In the event a reseller chooses not to follow the Herbs, Etc.’s IMAP policy, sanctions will be unilaterally imposed by Herbs, Etc.

  1. The first time an etailer is found to be out of compliance with Herbs, Etc.’s IMAP policy, the offending etailer will be given 48 hours to correct its pricing. The account will be suspended until all pricing is corrected and will be unable to place an order until it is back into compliance.

  2. The 2nd time the etailer is found to be out of compliance, the etailer’s account will be suspended for 30 days, starting on the first day an order placed with Herbs, Etc.

  3. When the same etailer is found to be out of compliance for a 3rd time, the account will be suspended for 90 days, starting on the first day an order is placed with Herbs, Etc.

  4. Should the etailer be found to be out of compliance for a 4th time, its account will be closed permanently.  

 

Policy Modifications

Herbs, Etc. reserves the right at any time to modify, suspend, or discontinue the IMAP policy in whole or in part or designate promotional periods during which the terms of the policy change or designate periods of time during which the policy is not applicable.

Contact Information

Herbs, Etc.‘s SALES PERSONNEL HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY. All questions or comments regarding this IMAP policy are to be directed to the policy administrator at: customerservice@herbsetc.com. The policy administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to resellers regarding the policy, and receiving any communication regarding sanctions imposed under this policy.

 

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