ELECTRONIC MINIMUM ADVERTISED PRICE POLICY
Effective January 1, 2020
The Fox River® is known for its commitment to innovative sock construction and continuous attention to trends in the marketplace. In order to support the brand image that was created over the years, Fox River® chooses to partner with retailers who contribute meaningfully in growing the Fox River®, invest in promoting our products and provide an excellent customer experience. To promote the values of the Fox River® brand, we are implementing this unilateral Electronic Minimum Advertised Price (eMAP) Policy effective January 1st, 2020. This eMAP Policy applies to all partners selling Fox River® products within the United States. This eMAP Policy is not part of, and it’s not intended to replace or modify, any of the Terms & Conditions or other existing agreements between Fox River® and any of its Resellers.
- In a unilateral policy decision concerning the marketing of its products, Fox River® has determined that its products should not be advertised through electronic means at a price less than the eMAP price according to the eMAP Price List. The eMAP Price List can be provided on request from ?.
- The eMAP Policy applies to all electronic advertisements of Fox River® 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.
- 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 eMAP Policy.
- Advertising that expressly or by implication advertises a price that is less than the eMAP 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 eMAP Policy.
- 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 eMAP Policy, whether the inquiry or the quote was transmitted orally, by telephone, by email, or by letter.
- It shall not be a violation of this eMAP Policy to advertise that a customer may “call for price” or “email for price,” or to use similar language, specifically with respect to Fox River® products, if a price is not listed.
- Fox River® can authorize the advertising of items below eMAP pricing for a limited amount of time, as part of a promotional campaign. Such exceptions will be communicated in writing by Fox River Mills and will apply to all Resellers selling those products and during the same time frame. These eMAP reductions will be done at the discretion of Fox River Mills.
- Fox River®, at its sole discretion, may modify the products and prices covered by this eMAP Policy. The most up to date eMAP price list can be provided upon request to ?.
- In the event of any violation of this eMAP Policy by a Reseller, Fox River® will, in its sole discretion, generally send or have sent a written or electronic notice of violation to the Reseller, provided Fox River® has current contact information for the Reseller, providing a limited-in-time opportunity to self- correct. Notice to a Reseller of a eMAP violation is not a prerequisite to Fox River®, in its sole discretion, taking any enforcement action under this eMAP Policy. If Fox River Mills determines the situation warrants it, or the violation continues after a discretionary notice, Fox River® 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.
- Fox River® will consider each violation based on its own facts, and any decision by Fox River Mills to suspend the processing of orders or terminate the business relationship cannot be appealed.
- This eMAP Policy is unilaterally established by Fox River® which means that it is one-sided and independent on the part of Fox River® and that there is and will be no agreement between a retailer and Fox River Mills with regard to it.
- Except as set forth below, Fox River® employees are not authorized to discuss, modify or grant exceptions to this eMAP 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. Fox River® does not solicit, demand or accept any assurances of compliance from a Reseller with regard to this eMAP Policy. Resellers attempting to initiate or engage in such discussions or communications may be considered to be in violation of this eMAP Policy.
- Any questions or comments concerning the eMAP Policy shall be directed by email only to the Fox River Mills Internet eMAP Policy Administrator: ?.