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The Exhart IMAP Policy

INTERNET MINIMUM ADVERTISED PRICE (IMAP) POLICY

Update: August 1, 2021

Exhart has been redefining the Garden Decor market for over thirty years with our award-winning and patented contemporary garden accessories. Our success and longevity has been the result of our commitment to our core values of Fun, Motion, Quality and Innovation throughout our celebration of our time in business.

Exhart chooses to partner with Retailers / Resellers who contribute meaningfully in the growth and experience of the Exhart brand, whether by investing in the promotion of our products or by providing an excellent customer experience to our customers. In order to continue promoting the values of the Exhart brand, we are implementing this unilateral Internet Minimum Advertised Price (IMAP) Policy.

This IMAP Policy applies to all Retailers / Resellers and Partners selling Exhart products within the United States ‘online’. This IMAP Policy is not part of, and it’s not indented to replace or modify, any of the Terms & Conditions or other existing agreements between Exhart and any of its Retailers / Resellers.

The Exhart IMAP Price Rules

Exhart has unilaterally determined that in order to support the ongoing marketing of its products, all Exhart products should not be advertised on the internet at a price less than the IMAP price according to the Exhart IMAP Price List. The IMAP Price List will be provided to you upon request.

Web & App Ads

The IMAP Policy applies to all ‘web-based’ or ‘app-based’ internet advertisements of Exhart products. This includes any pricing that may appear on, but not be limited to, online banners, emails, catalogs, coupons, sponsored links, websites that are operated by or affiliated with the Retailers / Resellers, or perhaps any websites that are linked to the Retailers / Resellers website.

Additionally, this IMAP Policy applies to all social media sites, mobile or desktop apps, or any other forms of electronic media accessible on the Internet that are run by, paid for or connected to in any way the Retailers / Resellers we work with.

Shopping Cart Prices

Some Retailers / Resellers implement creative website features or practices including “click for price” and/or “add to cart for price”, along with other similar features to skirt around IMAP Policies. Exhart considers these process to be communications initiated by the Retailers / Resellers, rather than by the consumer. In these cases, or similar constructs, Exhart therefore considers these features or practices to be a form of “advertising” and are thereby governed by this IMAP Policy.

Suggestive Low Pricing

In certain cases Retailers / Resellers will employ advertising terminology that directly or indirectly implies a price that is less than the IMAP Policy price. By way of example, these might say something along the following lines: “price too low to show”, or “so low we can’t advertise”, or “sale price”, or “instant rebates”, and so forth. These phrases, along with any that implies the same meaning, are deemed to violate this IMAP Policy and will be considered a violation of the IMAP Policy.

In Store Pricing

The MAP Policy applies to advertised prices, not the price at which IMAP Products are actually sold or offered for sale to an individual in-store or over the telephone. The MAP Policy does not apply to solely on-premise or in-store advertising that is not distributed to customers.

Exclusions

This Policy does not apply to any pricing that is considered “non-internet advertisements,” or even “price quotes,” whose definitions are stated herein as follows:

Non-Internet Advertisement: A “non-internet advertisement” is a Retailers / Resellers initiated media message and/or message aimed at the general public that occurs through a medium other than the internet.

Examples of such are:
(i) print advertising (including, to newspapers, magazines, inserts, coupons, brochures);
(ii) broadcast advertising (including radio and television);
(iii) direct advertising (including catalogs, newsletters, direct mail pieces, flyers, and broadcast faxes, whether mailed, hand delivered, or shipped in-box with product);

Price Quote: A “price quote” is considered to be the price that a Retailer / Reseller communicates to a particular customer who inquires about a product covered by the Exhart IMAP Policy, whether the inquiry or the quote was transmitted verbally, by telephone, by email, or by letter.

Call for Price

Exhart does not consider any terminology within an advertisement that says “Call for Price” or “email for price” to be a violation of this IMAP Policy, along with any other similar language, so long as a price is not listed that violates the IMAP Policy.

Promotional Campaign Exceptions

Exhart can authorize the advertising of any product items below the IMAP Policy price, at its sole discretion, for a limited amount of time, as part of a promotional campaign. Such exceptions will be communicated in writing by Exhart to all Retailers / Resellers, and will apply to all Retailers / Resellers selling those products, and will be allowed to occur during the same timeframe for all parties.

These IMAP Price reductions will be done at the sole discretion of Exhart.

Right to Modify

Exhart, at its sole discretion, may modify the products and prices covered by this IMAP Policy. Please email us for the most current IMAP price list. ecomm@exhart.com 

Violations and Repercussions

In the event that a Retailer / Reseller violates a condition identified in this IMAP Policy, Exhart will exercise its right, in its sole discretion, to send or have sent a written or electronic notice of violation to the Retailer / Reseller, to the contact information provided by the Retailer / Reseller, that will provide a limited-in-time opportunity for the Retailer / Reseller to self- correct the violation.

Under no circumstances will a Retailer / Reseller adjust their price because of the violation of a different Retailer / Reseller as a way to maintain a competitive advantage. If you the Retailer / Reseller are aware of a violation happening by a competitor, we encourage you to communicate with Exhart expeditiously and Exhart will act swiftly to correct that violation.

Notice to a Retailer / Reseller of an IMAP violation is not a requirement or prerequisite to Exhart, in its sole discretion, taking any enforcement action under this IMAP Policy. It is the responsibility of the Reseller to adhere to such conditions of the IMAP Policy in order to offer Exhart products for sale. If Exhart determines the situation warrants it, or the violation continues after a discretionary notice, Exhart may, at its sole option, perform any of the following disciplinary actions:

(a) place a hold on an of the Reseller’s orders until the violations have been corrected,
(b) cancel all open orders until the corrections are made,
(c) refuse to accept new orders, or
(d) terminate the business relationship with the Reseller.

The Right to Appeal

Exhart will consider each violation based on its own facts and research. Any decision by Exhart to suspend the processing of orders or terminate the business relationship came as the result of clear communication with you the Retailer / Reseller. In the event of a suspension, you the Retailer / Reseller may appeal our decision by sending a written communication outlining why you believe the suspension was not warranted. Please send your correspondence to: ecomm@exhart.com

Unilateral Policy

This IMAP Policy is unilaterally established by Exhart. A unilateral IMAP Policy means that it is one-sided and independent on the part of Exhart and that there is no (and will be no) agreement between a Retailer / Reseller and Exhart with regard to it.

No Exceptions

Except as set forth below, Exhart employees are not authorized to discuss, modify or grant exceptions to this IMAP Policy, or to discuss or communicate with a Retailer / Reseller the actual resale pricing practices of the Retailers / Resellers, or to discuss or communicate with any Retailers / Resellers the actual resale pricing and sales practices of other Retailers / Resellers.

Exhart does not solicit, demand or accept any assurances of compliance from a Retailer / Reseller with regard to this IMAP Policy. Retailers / Resellers attempting to initiate or engage in such discussions or communications may be considered to be in violation of this IMAP Policy, and Exhart reserves the right to take appropriate actions as set forth in this IMAP Policy.

Questions & Comments

For a list of answers to typical questions, view our FAQ page. Any additional questions or comments concerning the IMAP Policy should be directed by email to the Exhart Internet IMAP Policy Administrator: ecomm@exhart.com