Dickies IMAP Policy

United States

EFFECTIVE June 1, 2022

UPDATED May 17, 2022

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Dickies, a division of VF Outdoor, LLC, markets and sells premium apparel and accessories. By investing in product design, development, technology and personnel, Dickies has established a strong reputation of providing high quality products with a premium image.

To help protect its premium image and ensure the long-term viability of its brands, Dickies believes its products should be advertised on the Internet at prices that reflect the value of those products. To support this goal, Dickies has implemented the following Internet Minimum Advertised Price (“IMAP”) Policy which is applicable to every Dickies authorized retailer (“Retailer”) located in the United States.

The policy

Dickies has identified certain products (“IMAP Products”) that may not be advertised on the Internet at less than the minimum advertised price (“IMAP Price”) as established by Dickies.

Unilateral Nature of Policy

This IMAP Policy was unilaterally adopted by Dickies, and is not an agreement or an offer to form an agreement. Dickies is not requesting, and will not accept, any agreement regarding a Retailer’s compliance with this IMAP Policy.

Communications

Dickies representatives are strictly prohibited from negotiating or modifying any aspect of this IMAP Policy with any Retailer, including that Retailer’s or any other Retailer’s compliance with the terms of the IMAP Policy. Further, only the person at Dickies responsible for the IMAP Policy (the “Policy Administrator”) is authorized to discuss this IMAP Policy with Retailers. To address any and all questions and comments about this IMAP Policy, Retailers may send an email or letter to the Policy Administrator as set forth below. Dickies will accept no other form of communication from Retailers about the IMAP Policy.

Covered Products

The IMAP Products covered by this IMAP Policy and the corresponding IMAP Price are identified in the attached Schedule A. Retailers may advertise IMAP Products at or above the listed IMAP Price.

IMAP Price

The IMAP Price is a Retailer’s advertised price: (a) before all taxes, shipping, delivery and insurance charges paid by the Retailer’s customer; and (b) after applying all discounts, coupons, rebates and similar price reductions; and (c) after giving effect to the value of free or reduced-price bundles. Free or reducedprice shipping may be offered by a Retailer when offered in connection with a purchase of an IMAP Product as long as such offer applies to all or almost all other products in that same category.

Internet Advertising

This IMAP Policy applies to all Internet advertising of IMAP Products by Retailers. “Internet advertising” includes advertising or promoting on any and all websites, social networks, banner ads, product ads, broadcast emails, texting, landing page and sponsored links.

Each Retailer remains free to sell IMAP Products at any price(s) it chooses.

This IMAP Policy applies only to the Internet advertised price of IMAP Products and does not apply to the price at which the IMAP Products are actually sold to a consumer.

Internet Pricing

This IMAP Policy applies until the final on-line “checkout” stage, defined as the stage when either: (a) the IMAP Product is put into a shopping cart that contains the customer’s name, shipping address, email address, and payment information, or (b) login information that includes such customer information. In either case, pricing in the final “checkout” stage must be obscured technically so that it is not retrievable by shopping and pricing engines, and not displayed on search page results within the Retailer’s own website, even if logged in.

The following activities by or on behalf of a Retailer will be considered to be non-compliant with this IMAP Policy:

  • failing to exclude IMAP Products from a coupon, discount, promotion, rebate or site-wide sale (e.g., “% off”, “$ off”, “gift with purchase” or “buy-one-get one”) when the offer has the effect of reducing the Internet advertised price of the IMAP Products below their IMAP Prices.
  • indicating that a lower price for an IMAP Product may be found at the “checkout” stage.
  • an invitation to click or otherwise communicate to obtain a price of an IMAP Product, except indicating the ability of customers to make specific inquiries by telephone or e-mail to obtain a price is permissible, as long as no automated call or “bounce-back” pricing e-mail is used.

NON-COMPLIANCE

Dickies will take the following actions upon determining that a Retailer has advertised on the Internet any IMAP Product(s) below the applicable IMAP Price(s).

First failure to comply:

Dickies will notify the Retailer in writing that it has failed to comply with this IMAP Policy and such Retailer shall correct the failure.

Second failure to comply:

In the event that (a) the first failure is not corrected, or (b) the Retailer fails to comply with this IMAP Policy a second time with the same IMAP Product in the first failure and during the 30-day period following the first failure, effective immediately Dickies will discontinue sale to the Retailer of each IMAP Product involved in the second violation for a period of three (3) months, so that all pending orders (even if accepted) will be cancelled and no new orders will be accepted for three (3) months.

Third failure to comply:

In the event that (a) the second failure is not corrected, or (b) the Retailer fails to comply with this IMAP Policy a third time with the same IMAP Product in the first and second failure and during the 3-month period following the second failure, effective immediately Dickies will discontinue sale to the Retailer of each IMAP Product for a period of six (6) months, so that all pending orders (even if accepted) will be cancelled and no new orders will be accepted for six (6) months.

A Retailer’s status as an authorized Dickies account may be terminated by either party at any time, with or without cause.

POLICY ADMINISTRATION

Modifications to Policy

Dickies, at any time, may vary the IMAP Price(s) for any IMAP Product(s), add to or delete any IMAP Product(s) from this IMAP Policy, or suspend the application of this IMAP Policy for any IMAP Product(s) for a stated period of time. In addition, this IMAP Policy may be modified, suspended, discontinued or rescinded in whole or in part by notice from Dickies at the sole discretion of Dickies. Dickies will provide prior notice of any such changes, generally not less than thirty (30) days in advance.

Questions, Additional Information or Information Regarding IMAP Policy

Any questions, comments or requests for additional information regarding this IMAP Policy, or any information regarding any Retailer’s failure to comply, must be addressed to:

IMAP Policy Administrator
Dickies
509 West Vickery Blvd
Fort Worth, TX 76104
E-mail: [DickiesMAP@vfc.com]