IMAGE INTERNATIONAL MANUFACTURING, LLC

UNITED STATES MINIMUM ADVERTISED PRICE POLICY

Effective August 1, 2019

Image International Manufacturing, LLC (“Image”) has adopted this unilateral Minimum Advertised Price Policy (the “Policy”), which applies to all authorized resellers of Image Products in the United States of America. The purpose of this Policy is to defend against certain advertising practices that undermine Image’s trade reputation and premium brand positioning.

The Policy applies to all promotional or pricing information displayed via any type of online, digital or non-digital media, including all online, print, direct mail and email advertisements of the Image products listed in the effective Image U.S. Retail Price List (“Covered Products”).  The Image U.S. Retail Price List, which may be amended by Image at its sole discretion at any time, establishes the minimum advertised price (“MAP”) for the Covered Products.  The effective Image U.S. Retail Price List is available at professional.imageskincare.com or can be obtained from our customer care team by calling 800-796-7546 or by emailing customercare@imageskincare.com.

While resellers remain free to advertise and sell all Image products at any price they deem appropriate, it is a violation of this Policy to advertise any Covered Product at a price lower than the MAP.  Such advertisements include, but are not limited to:

  1. Offering coupons, discounts, reseller rebates, or other inducements that, when applied, result in a price lower than the MAP, including through use of a storewide sale, promotional code, or other similar provision that can be applied to Covered Products.
  2. Bundling Covered Products with other products or services (whether made by or provided by Image or another entity) in a manner that implies below-MAP pricing for the bundled Covered Product.
  3. Strikeouts or strikethroughs of pricing information, “see price in cart,” or other statements that suggest a lower price for a Covered Product may be found at the final online checkout stage.
  4. Permitting any third-party to alter the advertised price for any Covered Product.

Direct or indirect attempts to circumvent this Policy also violate this Policy; however, it is not a violation to advertise that a customer may call, text, or email for price as long as no price is listed and no automated call, text message, or “bounce-back” email is used in response.

Notwithstanding the foregoing, pricing information displayed in stores and at the “final online checkout stage” of a transaction pertain to resale prices and is not covered under this Policy.  The “final online checkout stage” is the stage when the Covered Product is put into a shopping cart that contains the customer’s name, shipping address, email address, and payment information.  Pricing information in the “shopping cart” or “checkout” stages must be obscured technically so that it is not retrievable by shopping and pricing engines, and not displayed on search page results within the reseller’s own website.

From time to time, Image may announce MAP holidays or promotions that are applicable to all resellers, during which periods a reseller that advertises a Covered Product in accordance with the terms of the authorized promotion will not be deemed to have violated the Policy.  A summary of announced MAP holidays and promotions is available at https://professional.imageskincare.com/pages/image-map-holiday-and-promotions-8232019 or can be obtained by contacting Image’s MAP Policy Administrator at MapPolicy@imageskincare.com.

Further, the advertisement of free or reduced-price shipping and or a gifts with purchase provide by Image is not a violation of this Policy.

This Policy does not constitute an agreement between Image and any other entity.  Image neither solicits nor will it accept any assurance of compliance with this Policy from any reseller or other party.  Each reseller must independently choose whether to comply with this Policy.  This Policy is not negotiable and will not be altered for any individual reseller.

Image may amend, suspend, terminate, or reinstitute this Policy at any time.  Image shall make any such changes available to all authorized resellers.  If Image changes the MAP on any Covered Product, it will provide at least 14 days’ notice to resellers before such changes takes effect.

No Image employee or agent, including a reseller’s business development representative, is authorized to modify, interpret, or grant exceptions to this Policy.  Any questions about this Policy should be submitted in writing and directed to Image’s MAP Policy Administrator at MapPolicy@imageskincare.com.

This Policy is effective August 1, 2019 and supersedes all prior Image policies and/or representations regarding minimum advertised prices or resale prices for Image Covered Products applicable to any reseller.  In the event of a conflict between any provision, term, or agreement governing the relationship between Image and a reseller, the terms of this Policy apply.  Violations of this Policy may and can result in the termination of the account of the reseller violating this Policy.

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