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Jimmyjane Minimum Advertised Price (Map) Policy
Effective February 15, 2018
Effective February 15, 2018
Jimmyjane is proud of our continued leadership in producing high quality products. As Jimmyjane continues to set the standard in its industry, it is increasingly important that our resellers provide personal service and support, including a knowledgeable sales staff, that our products deserve and our customers expect.
Jimmyjane understands that it can be costly for resellers to provide these services. To assure its resellers’ service and support efforts, Jimmyjane wishes to establish policies that allow resellers to earn the profits necessary to fund those activities, which often require an investment in employee training, product displays, product demos, customer support, and other services.
Jimmyjane has determined that reseller advertising and sales practices that promote Jimmyjane products primarily on the basis of price could be detrimental to resellers’ service and support efforts and Jimmyjane’s competitive position. Such activities are likely to harm Jimmyjane’s top-quality brand, reputation and competitiveness, and allow some resellers to take advantage of the service and support efforts of others, thereby discouraging such efforts on behalf of Jimmyjane products.
To encourage our resellers to invest the time and effort necessary to promote Jimmyjane products to the best of their abilities and to maintain the competitiveness and superior consumer perception of the “Jimmyjane” brand, Jimmyjane is pleased to announce the following Minimum Advertised Price Policy (this “MAP”):
Beginning immediately, Jimmyjane, in its unilateral discretion, will not do business with any reseller, as to the products covered by this policy (the “Products”), if that reseller intentionally advertises any Product below its suggested minimum advertised price (the “Minimum Price”). The Products and their Minimum Prices are listed on Exhibit A to this MAP, which may be amended from time to time at Jimmyjane’s unilateral discretion.
Jimmyjane is confident that this program will strengthen its competitiveness and benefit all of its resellers. Additional guidelines related to this MAP are as follows:
Jimmyjane reserves the right, in its unilateral discretion, to take other action with respect to any reseller that violates this policy.
This policy will be enforced by Jimmyjane in its sole discretion. No agreement to any term of this policy is sought or will be accepted, and no complaint from any reseller with respect to the advertising or pricing of any other reseller is sought or will be considered. Jimmyjane employees and sales represenatatives are not authorized to engage in any conversations with any reseller regarding this MAP, and do not have authority to modify or grant exceptions to this MAP.
This MAP applies to all advertising of Products in any media, including but not limited to newspapers, magazines, direct mailings, catalogs, flyers, television, radio, billboards, exterior store displays, the Internet or similar electronic media (including websites, web auctions and mass E-Mails) and any other media for public display. Such website features as “click for price,” automated “bounce-back” pricing e-mails, pre-formatted e-mail response forms, “contact us” links which lead to automated or pre-formatted forms, automatic price display for any items placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the reseller (rather than by a customer) and thus constitute “advertising” under this policy. This MAP also applies to retail stores, phone orders, chat rooms, E-Mail, instant messages or any other such instances where a price is communicated in any form.
Where Jimmyjane Products are bundled with, or sold as part of a package that includes, other products (whether or not manufactured by Jimmyjane), it shall be a violation of this policy to sell or advertise the package at a price that is: (a) lower than the total of the Minimum Price of the Jimmyjane product (or minimum advertised prices, if applicable); or (b) intended to or has the effect of violating the letter or spirit of this MAP. Without limiting the foregoing, it shall be a violation of this policy to include in any advertising or sale of Jimmyjane Products any additional discount, coupon, gift card, or incentive (whether in the form of a special event, promotion, term of doing business or otherwise) that translates into an immediate price reduction, where the cumulative effect would be to reduce the sales or advertised price of any Product below the Minimum Price. Advertising that includes an additional discount, coupon, gift card, points, or any other incentive for future purchases (regardless of whether the future purchase is of a Jimmyjane product) shall be evaluated under the same guidelines as described in this Section regarding product bundling.
From time to time, in its unilateral discretion, Jimmyjane may offer or approve special discounts, coupons, or incentives or a direct manufacturer’s rebate to customers. In such instances, it shall not be a violation of this policy to advertise such special discounts, coupons, or incentives or the availability of the manufacturer’s rebate, provided that the advertisement includes the applicable Minimum Price (or a higher price), the discount, coupon, incentive, or rebate amount, and the net price after such discount, coupon, incentive or manufacturer’s rebate in the same type size and style.
It shall not be a violation of this policy to advertise in general that the reseller has “the lowest prices,” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price that is below the Minimum Price and otherwise complies with this policy.
It shall not be a violation of this policy to advertise that a customer may “call for price” or “E-Mail for price,” or to use similar language, specifically with respect to JimmyJane products, so long as no price is listed.
If a reseller with multiple store locations violates this policy at any particular store location, then Jimmyjane will consider this to be a violation by all of the reseller locations.
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JIMMYJANE PRODUCTS AND MINIMUM PRICES
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