Internet Minimum Advertised Price Policy
Effective June 1, 2016 an IMAP (Internet Minimum Advertised Price) Policy that has been adopted by Symmons Industries will take effect and will replace and supersede all prior IMAP policies ever issued by Symmons. This new policy applies to all Symmons customers, dealers and resellers and is being implemented in order to avoid any further distribution channel conflicts and to better serve our customers. Further, the policy outlined below is being adopted and unilaterally implemented by Symmons as part of its efforts to preserve the premium branding and pricing associated with the company’s products. Any information relating to a Symmons product on an Internet website is considered to be advertising for purposes of the policy set out in this memo. Thus, this policy is applicable to any and all advertising of the company’s products over or by the Internet, whether done through a website controlled by a customer, through an auction website such as eBay®, or through Internet placements with third parties (e.g., banner ads and destination pages).
The Internet Minimum Advertised Price (IMAP) for the following shall be:
Symmons Branded Products: may not be advertised or sold online at more than 30% off suggested list prices.
This policy is unilateral, non-negotiable and will not be altered for any customer. Each customer is free to determine for itself whether or not to follow this policy and how it will sell the products covered by this policy to a consumer or other purchaser, including the prices at which it will sell the products to the purchaser. Any method of granting a discount from Symmons’ current suggested list price for a unit of the applicable product is intended to be covered by these policies. Thus, for purposes of determining whether or not a particular price is in violation of these policies, any discounts, coupons, allowances, gifts or other free goods or services offered with Symmons’ products will be considered in calculating the price being advertised or offered by a customer. Advertised price is defined as the price presented to the customer on any/all browse or product display pages. Please understand however, that Symmons is not asking for, and it will not accept, any agreement or other assurance of compliance from a customer regarding the policy. Similarly, Symmons will not discuss any conditions or acceptance related to the policy, even if initiated by a customer.
Furthermore, any Symmons customer selling Symmons products to other persons or businesses which advertise or otherwise promote Symmons products by or over the Internet or other means used in connection with the transmission of communications to others by or through the use of a computer at prices that are in violation of this policy is also in violation of this policy and are not authorized to do so by Symmons.
Symmons reserves the right at any time to audit and investigate the Internet advertising of Symmons’ products by any of its customers. Any customer determined by Symmons to be in violation of these policies is subject to any of the following steps being taken by Symmons in enforcement of the policies:
- Symmons will notify customer in violation of the IMAP policy. The customer in violation will be issued a written warning.
- If a second violation occurs or no action is taken on an initial violation within thirty (30) business days, Symmons will notify the offending customer and identify the violation by way of a second written warning.
- Upon a third violation or lack of action on any initial violation, the customer’s purchasing privileges for the product(s) in violation with Symmons will be suspended for thirty (30) days and no further orders with Symmons for the product(s) in violation will be shipped during that same period of time.
Symmons reserves the right to notify customers that have chronic violations that their purchasing privileges may be suspended upon refusal to maintain adequate market prices. Symmons reserves, in its sole and absolute discretion, the right to change the policy outlined in this Notice and to interpret, enforce and otherwise handle all questions and issues relating to this policy. Symmons can also at their discretion offer limited time promotions where an identified customer can qualify for a retail price break on select items at no penalty. No sales representative or agent of Symmons has any authority to change or enforce this policy, or to take any actions against or for any customer.
Any questions or comments should be directed to Symmons at 31 Brooks Dr, Braintree, MA 02184 Attention IMAP Dept. or at firstname.lastname@example.org. While you may report any potential infractions of this policy to Symmons at the above address or e-mail address, all decisions made by Symmons about violations are final and confidential.