Formula 707® Products IMAP Policy
JOHN EWING COMPANY® (FORMULA 707® Products)
IMAP POLICY & Requirements for all Online Resellers of Formula 707 Products
John Ewing Company® (makers of Formula 707® Products) is a category leader in equine health products, providing innovative, high quality products at an affordable price. We provide trusted product solutions that exceed expectations and make it easier for horse owners to care for their equine companions. We deeply value the efforts of our resellers who distribute Formula 707 Products and provide support to our customers.
In order to protect the investment of our resellers and the reputation of the Formula 707 brand, John Ewing Company has unilaterally adopted an internet minimum advertised pricing policy (“IMAP Policy’) for Formula 707 Products (also referred to herein as the “IMAP Products”). This IMAP Policy shall be effective as of March 1, 2021 and will apply to all distributors and resellers of the IMAP Products, including, but not limited to catalogs and retailers (collectively, “Resellers”) who resell IMAP Products to end users located in the United States.
This IMAP policy outlined below is being adopted and unilaterally implemented by John Ewing Company as part of its efforts to preserve the premium branding and pricing associated with Formula 707 Products. Any information relating to the IMAP Products on an Internet website or similar electronic media is considered to be advertising for purposes of the policy set out in this memo. Thus, this IMAP Policy is applicable to any and all advertising of IMAP 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 IMAP Policy is not applicable to any in-store advertising that is not distributed electronically to consumers outside the store, offers to sell over the telephone, or final sale prices first disclosed to consumers in “shopping carts” in web-based sales.
IMAP Policy and Guidelines:
- The Manufacturer Suggested Retail Pricing Schedule (“MSRP Schedule”) and Internet Minimum Advertised Pricing Schedule (“IMAP Schedule”) for all IMAP Products shall be listed on the John Ewing Company website at Formula707.com. John Ewing Company reserves the right to update and/or modify the MSRP Schedule and/or the IMAP Schedule at any time and at its sole discretion. Any products not specifically identified as IMAP Products on the price list are not subject to any IMAP Policy.
- The MSRP Schedule and the IMAP Schedule will identify the effective date, the products and the “MSRP” and “IMAP” if applicable for all products. Any online advertisement of an IMAP Product identified in the IMAP Schedule below the IMAP price will constitute a violation of this IMAP Policy.
- This IMAP Policy applies to all online advertisements of Formula 707 Products listed on the “IMAP Schedule” in any internet media, including, but not limited to, websites, social media sites, banner ads and other internet or similar electronic media. This IMAP Policy does not apply to any in-store advertisements.
- The inclusion in advertising of free, bundled or discounted products (whether made by John Ewing Company or another manufacturer) with a product covered by this IMAP Policy would be considered in violation of the IMAP Policy if it has the effect of discounting the advertised price of the subsequent IMAP Product below the applicable IMAP Schedule.
- For IMAP Products listed using a currency other than the USD, the IMAP shall be the USD IMAP converted to US currency at a time reasonably contemporaneous with the time of advertisement.
- If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discounted price below IMAP is prohibited.
- Internet auctions may not display or have reserved bid or other acceptable prices below IMAP. This includes eBay®.
- This IMAP Policy applies only to advertised prices and does not apply to the price at which IMAP Products are actually sold or offered for sale to an individual consumer within Resellers’ retail location or over the telephone. John Ewing Company recognizes that Resellers remain free to sell these products at any prices they choose under these circumstances.
- “Advertised Price” shall mean the price at which the product itself is advertised, without including shipping costs. For example, a $20 advertised price plus $3.99 shipping is a $20 advertised price for purposes of this IMAP Policy.
- Pricing listed on an internet site is considered an “Advertised Price” and must adhere to this IMAP Policy. Once the pricing is associated with an intent to purchase (added to shopping cart or order), the price becomes the selling price and is not bound by this IMAP Policy. In addition, discounts applied at checkout to the entire order based on a customer’s purchasing history with the reseller, such as discounts for “frequent shoppers,” do not violate this IMAP Policy.
- No employee or sales representative of John Ewing Company has any authority to discuss, modify or grant exceptions to this IMAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized by John Ewing Company IMAP Policy administrator to discuss, modify or grant exceptions to this IMAP Policy under this paragraph is unauthorized and invalid. Any waiver of the IMAP Policy by the IMAP Policy administrator must be in writing and any written waiver terms must be strictly adhered to. Any non-adherence to waiver terms is a violation of the IMAP Policy.
- All questions about this IMAP Policy should be posed in writing via email to firstname.lastname@example.org. No oral communications about this IMAP Policy are authorized. The John Ewing Company IMAP 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 communications regarding sanctions imposed under this IMAP Policy. Any action taken by John Ewing Company under this IMAP Policy shall be without liability to John Ewing Company and this IMAP Policy supersedes any and all previous agreements and/or policies.
- John Ewing Company may choose to offer special promotions on certain products from time to time. In such an event, John Ewing Company reserves the right to modify or suspend this IMAP Policy in whole or in part by updating the IMAP Schedule on its website. The onus is on the Reseller to monitor John Ewing Company’s IMAP Schedule for changes. John Ewing Company further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers.
- Failure to abide by this IMAP Policy will result in sanctions unilaterally imposed by John Ewing Company. The level of sanctions will be determined by John Ewing Company in its sole discretion. John Ewing Company does not intend to do business with Resellers who degrade the image of John Ewing Company and/or Formula 707 Products via a low-price online strategy.
- Resellers establish their own resale prices, however John Ewing Company reserves the right to cancel all orders and indefinitely refuse to accept any new orders from any Resellers that John Ewing Company has verified as advertising a net retail sales price below John Ewing Company’s established IMAP and/or violating this IMAP Policy in any way.
- In the event of an initial violation of the IMAP Policy, the Reseller will be notified directly of John Ewing Company’s discovery and will have the following options, which must be taken within seventy-two (72) hours of receipt of notification:
- Correct the violation.
- Dispute the violation notification.
- Remove the product.
- If a second violation occurs or no action is taken within seventy-two (72) hours of receiving notice of an initial violation, John Ewing Company will notify the offending Reseller and identify the violation by way of a second written warning, and will also provide notice to the Formula 707 Distributor that the offending Reseller has been placed on a “watch” list and will lose Authorized Reseller status in the event the violation is not corrected and/or in the event of any subsequent violations.
- Upon a third violation or lack of action on any initial or second violation within the time frames specified above, John Ewing Company will take the following actions against the offending Reseller:
- Cancel any pending orders, restrict future orders and/or suspend the Reseller’s account or the Reseller’s account with a Formula 707 Distributor for at least a period of ninety (90) days, following which time frame the Reseller would be permitted to re-apply to regain Authorized Reseller status at the discretion of John Ewing Company;
- Reseller will lose its status as an Authorized Reseller of Formula 707 Products and will be listed on the Formula 707 website’s “Do Not Sell List” and/or “Non-Authorized Reseller” list until it has been permitted to reapply to regain Authorized Reseller status by John Ewing Company;
- John Ewing Company may contact any third-party website directly (such as Amazon or eBay) and request the products be removed due to unauthorized reseller status, Copyright and IP infringement;
- Take any applicable legal action.
We appreciate your continued support and willingness to carry Formula 707 Products in your online stores. We sincerely believe that the implementation of this IMAP Policy will help to protect our Resellers’ margins and our brand integrity for years to come.
Thank you for your continued business!
John Ewing Company
IMAP Policy Administrator