Skip to content

Cart

Your cart is empty

MAP POLICY

IMAGE INTERNATIONAL MANUFACTURING, LLC 

UNITED STATES UNILATERAL MINIMUM ADVERTISED PRICE POLICY Effective February 1, 2022 (“Effective Date”)
THIS POLICY IS NOT INTENDED TO CONTROL, INFLUENCE, DETERMINE, RESTRICT OR LIMIT IN ANY WAY THE PRICE AT WHICH ANY RESELLER MAY SELL COVERED PRODUCTS. THIS POLICY IS STRICTLY LIMITED TO RESTRICTIONS ON ADVERTISING. EACH RESELLER REMAINS ENTIRELY FREE TO DETERMINE ITS OWN RESALE PRICE FOR ALL COVERED PRODUCTS.

Policy Overview

Image International Manufacturing, LLC (“Image”) has adopted this unilateral Minimum Advertised Price Policy (the “Policy”), which applies to all resellers of Covered Products (defined below) in the United States of America (“Resellers”). Image has built a strong consumer following and established a quality distribution network that actively represents and promotes the Covered Products to end consumers. The purpose of this Policy is to defend against certain advertising practices that (i) undermine Image’s trade reputation and premium brand positioning, and (ii) discourage investment in Image by its resale partners.

The Policy applies to all Advertising (defined below) within the United States 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 or upon the Reseller’s written request to mappolicy@imageskincare.com

For purposes of this Policy, “Advertising” (and all related terms such as “advertise” and “advertisement”) includes all promotional or pricing information displayed via any type of online, digital, or non-digital media, including, but not limited to, newspapers, flyers, posters, coupons, mailers, television, signage (except inward facing signs displayed within a brick-and-mortar selling location), websites (except for pricing displayed in an online shopping cart), social media, affiliate marketing networks/comparison shopping engines, Reseller-initiated text messages or emails, mobile/smart phone applications, banner ads, online product ads, paid search ads, display ads, sponsored links, ads in any other media in a digital format that is communicated or conveyed via the internet, and any other marketing or promotional materials displayed online or through broadcast or other media.

Advertisements that Violate this Policy

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. Without limiting the generality of the immediately preceding paragraph, such practices that effectively advertise a resale price below the MAP are also prohibited by the Policy and 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. • Strikeouts or strikethroughs of pricing information showing a price below the MAP, “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. 1. Permitting any third party to alter the advertised price for any Covered Product below the MAP. Direct or indirect attempts to circumvent this Policy also violate this Policy.

Advertisements that Do Not Violate this Policy

It is not a violation of this Policy 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 (i) on inward facing signs within brick-and-mortar stores and (ii) 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 an online 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. Further, the advertisement of free or reduced-price shipping and/or a gift with purchase (when such gift is provided by Image) is not a violation of this Policy. 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 professional.imageskincare.com or upon the Reseller’s written request to mappolicy@imageskincare.com.

This Policy Is Not an Agreement and Is Non-Negotiable

This Policy is a unilateral policy upon which Image is willing to supply the Covered Products to Reseller for resale. 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. This Policy applies only to advertised prices and does not affect the prices that a Reseller may charge for the Covered Products.

Policy Administration

Image may amend, suspend, terminate, reinstitute, or otherwise modify the MAP of Covered Products or this Policy at any time in its sole discretion. Image shall make any such changes available to all authorized Resellers. No Image employee or agent, including a Reseller’s business development representative, is authorized to modify, interpret, or grant exceptions to this Policy, solicit or obtain the agreement of any person to this Policy, or otherwise discuss any aspect of this Policy with any Reseller, including any discussions of individual Resellers’ compliance with this Policy. Any questions about this Policy should be submitted in writing and directed to Image’s MAP Policy Administrator at MAP@imageskincare.com. This Policy is effective as of the Effective Date set forth above and supersedes all prior Image policies and/or representations regarding minimum advertised prices or resale prices for Image Covered Products applicable to any Reseller. Violations of this Policy may and can result in a penalty, including suspension of sales for a period of time or the termination of the account of the Reseller violating this Policy.