American Water Heaters
Internet Minimum Advertised Price Policy
EFFECTIVE November 22nd, 2021
American is committed to providing innovative water heating solutions, which it believes is a key to its success as a leading water heater brand and to the success of its distribution partners (each a “American Reseller”). Consistent with that commitment, American designs and sells high quality products that incorporate unique and innovative technologies, and provides a level of service for these products that we believe is unparalleled. We believe that certain advertising practices diminish the quality and brand promise of our products, and undermine our strategy to invest in the innovation and service that set our products apart. We also strive to encourage our American Resellers to invest in the people and facilities needed to suitably market our products, provide desired customer services, and educate builders, contractors and homeowners about the advantages and installation parameters for our products.
We have accordingly adopted this Internet Minimum Advertised Price (“IMAP”) Policy unilaterally to further our independent business strategy for the American brand.
No State employee or representative is authorized to modify, change, or interpret this Policy for any particular American Reseller. Any questions regarding our IMAP Policy should be directed to the following email address: pricing@hotwater.com
IMAP Policy Scope
1. American Resellers shall not advertise American products subject to this IMAP Policy in any electronic or online medium (including, without limitation, retailer or other websites, auction websites, shopping engines, online marketplaces, internet resale sites, social networks, banner ads, broadcast emails, or other broadly disseminated electronic media) at a Net Advertised Price lower than the Minimum Advertised Price for that particular product.
2. The American products to which the IMAP Policy applies can be found here: Americanwaterheater.com/imap/products
3. For purposes of this Policy, a “Net Advertised Price” is the net price advertised that results from the application of any coupons, giveaways, rebates or other consideration with the offered transaction, unless sponsored by us. Any taxes that a customer pays on the product are also excluded from Net Advertised Price.
4. This IMAP Policy only applies to advertised prices. The Policy does not apply to the price at which products are actually sold. Each American Reseller is free to sell products at any price that they choose.
5. This IMAP policy does not apply to prices found on web pages representing the point of sale, including shopping carts.
1. For online advertising, on the product detail page, an American Reseller may advertise the price of the product in one of the following ways:
a. Advertising the product at a price equal to or higher than the listed IMAP;
b. Stating that customers may contact the Reseller directly to learn the actual resale price, such as “call for price” or “email for price.” Responses must be individualized and not auto-generated or automated; or
c. Stating that customers may “add to shopping cart for price.”
2. American Resellers may not modify product names, descriptions or SKU numbers on product detail pages and other marketing materials, such as by omitting information or punctuation, or take any other actions in an attempt to obscure or conceal violations of the IMAP Policy.
3. American Resellers who chose to resell products covered by this IMAP Policy to a separate online reseller are responsible for ensuring that reseller’s compliance with this Policy.
4. American Resellers who resell to a separate online reseller rather than selling online themselves must report such sales to us on a monthly basis by providing the following information:
a. Customer name
b. Product model number
c. Product serial number
If an American Reseller is found to have violated this Policy or has sold product to another online reseller who has violated this Policy, the following consequences shall apply: For each of the first two violations, Reseller has 5 business days to comply.
First Violation. Written warning (which may be transmitted via email).
Second Violation. A 30 day hold will be placed on orders of product that is subject of the violation.
Third Violation. The product that is the subject of the third violation will not be available for purchase until the American Reseller has demonstrated compliance with this Policy for a period of 3 months.
We alone will implement, interpret and enforce this Policy in our sole discretion and independent judgment. We do not expect and will not accept any assistance from or agreement with our customers about this Policy or its implementation, interpretation or enforcement.
American will monitor and randomly sample advertising, and may retain a third party to assist in those efforts.
While we intend to administer the IMAP Policy in an evenhanded and consistent manner, our failure to detect a violation or enforce the Policy against a noncompliant Reseller does not waive our rights against that Reseller, or any other Reseller for a similar violation.
Changes in the IMAP Policy
1. We reserve the right at any time to modify the list of products that are subject to the IMAP Policy applies, and will update the IMAP list Americanwaterheater.com/imap/products when changes are made. Each American Reseller is responsible for checking the list Americanwaterheater.com/imap/products regularly and knowing what products are covered by this IMAP Policy.
2. We reserve the right to amend or discontinue this Policy, at any time and in our sole discretion, and we will notify you of any amendment or discontinuation.
Questions
If you have any questions, please direct them to: pricing@hotwater.com
