INTERNET MINIMUM ADVERTISED PRICE POLICY
Effective June 18, 2020
Phillips Collection has been defining global style for over thirty-seven years with our award-winning, organic contemporary furnishings and home accessories. In order to support the brand image that was created over the years, Phillips Collection chooses to partner with retailers who contribute meaningfully in growing the Phillips Collection brand, invest in promoting our products and provide an excellent customer experience. To promote the values of the Phillips Collection brand, we are implementing this unilateral Internet Minimum Advertised Price (IMAP) Policy effective May 14th, 2020. This IMAP Policy applies to all partners selling Phillips Collection products within the United States. This IMAP Policy is not part of, and it’s not indented to replace or modify, any of the Terms & Conditions or other existing agreements between Phillips Collection and any of its Resellers.
1. In a unilateral policy decision concerning the marketing of its products, Phillips Collection has determined that its products should not be advertised on the internet at a price less than the IMAP price according to the IMAP Price List. The IMAP Price List can be provided on request or can be downloaded from the Phillips Collection Partner Portal (https://partners.phillipscollection.com)
2. The IMAP Policy applies to all Internet advertisements of Phillips Collection products, including but not limited to online banners, coupons, emails, catalogs, sponsored links, websites operated by, affiliated with and/or linked to the Reseller’s website, social media sites, apps, or any other forms of electronic media accessible on the Internet.
3. Website features such as “click for price”, “add to cart for price”, and other similar features are considered to be communications initiated by the Reseller (rather than by the customer) and thereby constitute “advertising” under this IMAP Policy.
4. Advertising that expressly or by implication advertises a price that is less than the IMAP Policy price (e.g., “price too low to show”, “so low we can’t advertise”, “sale price”, “instant rebates”, and so forth) is deemed to violate this IMAP Policy.
5. This Policy does not apply to “non-internet advertisements,” or “price quotes,” as those terms are defined here:
A “non-internet advertisement” is a Reseller-initiated media message and/or message aimed at the general public through a medium other than the internet like (i) print advertising (including, to newspapers, magazines, inserts, coupons, brochures); (ii) broadcast advertising (including radio and television); (iii) direct advertising (including catalogs, newsletters, direct mail pieces, flyers, and broadcast faxes, whether mailed, hand delivered, or shipped in-box with product);
A “price quote” is the price that a Reseller communicates to a particular customer who inquires about a product covered by this IMAP Policy, whether the inquiry or the quote was transmitted orally, by telephone, by email, or by letter.
6. It shall not be a violation of this IMAP Policy to advertise that a customer may “call for price” or “email for price,” or to use similar language, specifically with respect to Phillips Collection products, if a price is not listed.
7. Phillips Collection can authorize the advertising of items below IMAP pricing for a limited amount of time, as part of a promotional campaign. Such exceptions will be communicated in writing by Phillips Collection and will apply to all Resellers selling those products and during the same timeframe. These IMAP reductions will be done at the discretion of Phillips Collection.
8. Phillips Collection, at its sole discretion, may modify the products and prices covered by this IMAP Policy. The most up to date IMAP price list can be downloaded on from our Partner Portal: https://partners.phillipscollection.com. To register for the partner portal please email firstname.lastname@example.org
9. In the event of any violation of this IMAP Policy by a Reseller, Phillips Collection will, in its sole discretion, generally send or have sent a written or electronic notice of violation to the Reseller, provided Phillips Collection has current contact information for the Reseller, providing a limited-in-time opportunity to self- correct. Notice to a Reseller of a IMAP violation is not a prerequisite to Phillips Collection, in its sole discretion, taking any enforcement action under this IMAP Policy. If Phillips Collection determines the situation warrants it, or the violation continues after a discretionary notice, Phillips Collection may, at its sole option, place a hold on the Reseller’s orders until the violations are corrected, cancel all open orders, refuse to accept new orders, or terminate the business relationship with the Reseller.
10. Phillips Collection will consider each violation based on its own facts, and any decision by Phillips Collection to suspend the processing of orders or terminate the business relationship cannot be appealed.
11. This IMAP Policy is unilaterally established by Phillips Collection which means that it is one-sided and independent on the part of Phillips Collection and that there is and will be no agreement between a retailer and Phillips Collection with regard to it.
12. Except as set forth below, Phillips Collection employees are not authorized to discuss, modify or grant exceptions to this IMAP Policy, or to discuss or communicate with a Reseller the actual resale pricing practices of the Reseller, or to discuss or communicate with any Resellers the actual resale pricing and sales practices of other Resellers. Phillips Collection does not solicit, demand or accept any assurances of compliance from a Reseller with regard to this IMAP Policy. Resellers attempting to initiate or engage in such discussions or communications may be considered to be in violation of this IMAP Policy.
13. Any questions or comments concerning the IMAP Policy shall be directed by email only to the Phillips Collection Internet IMAP Policy Administrator: email@example.com.