Fair Harbor IMAP Policy

Fair Harbor Clothing PBC
Unilateral Internet Minimum Advertised Price (“IMAP”) Policy

Last updated: March 20th, 2024
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Fair Harbor Clothing PBC (“Fair Harbor”) has implemented this unilateral IMAP policy (“Policy”) to enhance and preserve our high-quality distribution system, brand reputation, and customer service, which in turn support our ability to supply the highest quality products to our customers. This Policy applies to all Internet advertising by dealers and retailers (“Dealers” or “you”) selling Fair Harbor products within the United States. This Policy is not a part of, and is not intended to replace or modify, any existing agreements between Fair Harbor and you.

POLICY

This Policy is intended to prohibit Dealers from advertising Fair Harbor products on the Internet at a price below the IMAP price established by Fair Harbor for that product. Internet advertising includes advertising or promotion on websites, social networks, banner ads, mobile/smart phone applications, texts, broadcast emails, sponsored links, landing pages and similar platforms. IMAP pricing is established solely at Fair Harbor’s discretion and may be changed from time to time. IMAP Pricing is available via your sales representative on Fair Harbor’s updated seasonal price list. Fair Harbor may announce and authorize special programs, promotions or discounts with respect to certain products. In that case, all or a portion of this Policy will not apply to those products during the promotional period.

This Policy does not apply to a Dealer’s actual selling prices. Dealers have complete discretion to sell Fair Harbor products at prices of their own choosing.

 

EXAMPLES OF PROHIBITED AND PERMISSIBLE ADVERTISING

This Policy prohibits advertising that expressly or by implication advertises a price that is less than the IMAP price. For example:

  • Bundling two or more Fair Harbor products together, buy-one/get one free offers, discounts (including “Friends & Family” discounts), rebates, or similar offerings that do not meet or appear in the sole judgment of Fair Harbor to meet the IMAP price for each Fair Harbor product;
  • Visible strike outs, deletions or price alterations
  • Internet advertising that implies 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”, etc.).
  • Automatically generated price displays in the virtual ‘shopping cart’, where the end consumer is not engaging by either 1) entering a promotion code 2) logging into a user account or subscription, are considered advertisements so the display of a price, or reference to a percentage off discount, in the cart below the IMAP price is a violation of this Policy. This policy does not apply to the actual selling price, as reflected when the consumer confirms shipping and billing information and confirms the order of the product.
  • Internet advertising that does not show the prices of Fair Harbor products but instead shows a graphic such as “see price in cart” or “click add to cart for price”.

Authorized Promotions.  The following practices do not violate this Policy:

  • The actual purchase price being charged in the “shopping cart” or at checkout on Internet sites in which the customer has placed a product for purchase, so long as they are located within the website at locations standard for similar online retailers. 
  • Prices advertised or shown in retail store locations.
  • Advertisements that are not Internet advertising, including circulars.
  • Free shipping advertisements, if the advertised price otherwise complies with this Policy.
  • Loyalty programs offering a store credit or discount with a Fair Harbor product purchase (e.g., purchase a Fair Harbor product and receive 25% off your next purchase at Dealer).
  • Offering a discount on other products with a Fair Harbor product purchase (e.g., purchase the Fair Harbor product and receive 50% off another item).

 

VIOLATIONS

Fair Harbor, in its sole discretion, shall make all determinations as to whether a price at which any Fair Harbor product is advertised violates this Policy and may take any of the following enforcement steps:

 

  1. For the first violation within a twelve-month period, Fair Harbor will send a written notice to the Dealer outlining the violation. If the first violation is continuing for more than ten (10) days following notice, Fair Harbor will issue the second violation notification.
  2. For the same or any other violation of this Policy occurring at any time within twelve (12) months after a prior violation, or if the first violation is continuing for more than ten (10) days following notice, Fair Harbor may cancel all outstanding orders for the particular Covered Product or Products (all styles, colors and genders) for which the violation occurred. New orders for such Covered Products may be entered after thirty (30) days. Such new orders, if accepted by Fair Harbor, will be under the terms and conditions then in effect, and also subject to then-current availability.
  3. For the same or any other violation of this Policy occurring at any time within twelve (12) months after a prior violation, or if the second violation is continuing for more than ten (10) days following notice, Fair Harbor may cancel all outstanding orders for all products and not ship or sell any products to the Dealer. 


Fair Harbor reserves the right to suspend, modify or cancel this Policy in whole or in part unilaterally upon notice. This is a unilateral Fair Harbor policy and Fair Harbor does not seek and will not accept any Dealer’s agreement, assurance of compliance or consent. No sales representative or agent of Fair Harbor has any authority to change or enforce this Policy, or to take any actions against or for any Dealer. Any questions or comments concerning this Policy must be sent to the Fair Harbor IMAP Policy Administrator: imap@fairharborclothing.com