Internet Sales Policy
Our Internet Sales Policy
Flexcon Industries is committed to manufacturing and selling products of the highest quality and value and is proud to have built an excellent reputation with both its distributor and contractor partners in this regard. While we encourage the use of the internet for customer and consumer education, we believe that this channel of distribution is disruptive to our trained and knowledgeable distributor and contractor customers and presents potential dangers to the consumer.
To protect the high level of customer confidence in the Flexcon brand, along with the significant investment of our distributor and professional contractor partners, Flexcon has unilaterally adopted an Internet Minimum Advertised Price (IMAP) policy. In addition, and to safeguard our high standards of customer satisfaction and product safety, our warranty policy was previously modified to require installation of our products by a qualified, professional contractor. Flexcon will also aggressively protect our trademarks and copyrighted material on the internet.
Flexcon Industries, Inc. (“Flexcon”) is committed to manufacturing and selling products of the highest quality and value and is proud to have built an excellent reputation with both its resellers and end customers in this regard.
In furtherance of this commitment, for certain products on the internet, Flexcon has determined that its interests, and those of its resellers and end customers, are best served through the adoption of this unilateral internet minimum advertised price policy (the “IMAP Policy”). The IMAP Policy is designed to assist in the support of the brand name and image of Flexcon and its products, and to help protect and foster desirable pre-sales and post-sales service and infrastructure that can be provided to Flexcon’s end customers.
This IMAP Policy is not a part of, and is not intended to replace or modify, any of the terms and conditions of sale between Flexcon and any of its distribution partners.
The IMAP Policy shall apply to all of Flexcon’s distributors (i.e. purchasers of products directly from Flexcon for resale), and all subsequent customers (distributors and subsequent customers are referred to hereafter collectively as the “Resellers”) located in the United States, and solely with respect to: (a) Advertising (as defined below) on the internet; and (b) those products (the “Products”) of Flexcon listed at www.www.flexconind.com, as such list shall be updated by Flexcon from time to time
Flexcon considers the Advertising conducted by all channel members in the application of this MAP Policy.
The minimum advertised price (the “IMAP Price”) for the Products shall be displayed next to each Product on the aforementioned list. For the purposes of the IMAP Policy, the term “Advertising” means any online visual or audio media, including websites or any other online presence, and as further discussed below.
No Reseller may, directly or indirectly, create, produce, publish or otherwise be responsible for any Advertising that lists any of the Products at a price below the applicable IMAP Price.
Resellers are responsible for remaining current with the Products and respective IMAP Prices. Any of Flexcon’s products not specifically identified as Products under the IMAP Policy are not subject to the IMAP Policy.
Each Reseller remains free to establish its own resale prices for any Product independently without interference from Flexcon.
The IMAP Policy applies to all internet Advertising such as banner and pop-up ads and applies to any web site accessible to the public including retailers, club membership sites, shopping sites, auction sites, forums, and so forth. Any level of a web site including the shopping cart is considered “Advertising” under this IMAP Policy. Website features such as “click for price”, “add to cart for price”, “call for price”, “chat for price”, or “email for price”, pre-formatted e-mail responses, and other similar features are considered to be communications initiated by the Reseller (rather than by its customer) and constitute
“Advertising” under this IMAP Policy.
The following are considered violations of the IMAP Policy;
- Advertising that expressly or by implication advertises a price that is less than the IMAP Price (e.g., “price too low to show,” “so low we can’t advertise,” “sale price,” “instant rebates,” and so forth).
- Advertising free or discounted Products or incentives (such as gift cards), if such inclusion has the effect of discounting the advertised price of the Product below the applicable IMAP Price.
- Advertising of any rebates, membership discounts, coupons, online flyers, online catalogs, banner discounts, store-wide sales, social media sites, apps, or other electronic media and any other advertised sale or discount that would effectively result in the Products being advertised below the applicable IMAP Price.
- Advertising bundled Products with other products (Flexcon or third party products) at a price that has the effect of discounting the advertised price of any Product below the applicable IMAP Price.
It shall not be a violation of this IMAP Policy to advertise that a customer may “call for information”, “email for information”, or “chat for information”, or to use similar language. Actual prices charged or offered to consumers may be provided in direct response to such requests by telephone, email, or chat message. Such communications, which are responses to communications initiated by the customers (rather than the Reseller), shall not be considered “Advertising” under this IMAP Policy. The IMAP Policy does NOT: (a) apply to other forms of advertising such as print or in-store advertising, and does not extend to a Reseller’s actual resale price of the Products (or any of Flexcon’s other products), which the Reseller sets in its sole discretion; or (b) establish maximum advertised prices, meaning that Resellers may advertise Flexcon’s products at any price in excess of the applicable IMAP Price.