Internet Minimum Advertised Price (IMAP)

To maintain the reputation of our loyal professional plumbers, the strength of the Zoeller brand, and the integrity of our established sales territories, ZOELLER PUMP COMPANY LLC. (“Zoeller Pump”) has established this IMAP Policy to be enforced equally across all online sales channels.

Terms of Agreement:

1. Wholesaler / Distributor / E-Retailer may not use or alter any copyrighted material, unregistered or registered trademarks or service marks, product or brand images, or other intellectual property belonging to Zoeller Pump Company without prior written consent from the Zoeller Digital Marketing Manager.

2. Wholesaler/ Distributor / E-Retailer agrees that any e-commerce/online resale or redistribution will be made with full transparency under the wholesaler’s / distributor’s / e-retailer’s name. If customer chooses to utilize an alternative seller name or sell to an online re-seller, the wholesaler / distributor / e-retailer must register all domain names with Zoeller Company’s Digital Marketing Manager prior to selling Zoeller product from any such domain.

3. Wholesaler/ Distributor / E-Retailer agrees to provide ‘ship-to’ analytics upon request for proper payment disbursement to established sales territories in an excel format stating quantity sold, Zoeller model number, ship-to zip code, and sell price.

4. All wholesalers / distributors / e-retailers engaging in e-commerce agree to Zoeller Pump Company’s internet minimum advertised price (IMAP) policy as stated below:

Zoeller 53 (all models) advertised at or above Current List Price X .75 multiplier
Zoeller 57 (all models) advertised at or above Current List Price X .75 multiplier
Zoeller 98 (all models) advertised at or above Current List Price X .75 multiplier
Zoeller 264 (all models) advertised at or above Current List Price X .75 multiplier
Zoeller 267 (all models) advertised at or above Current List Price X .75 multiplier
Zoeller 63 (all models) advertised at or above Current List Price X .75 multiplier
Zoeller 95 (all models) advertised at or above Current List Price X .75 multiplier

Notes:

• Zoeller Pump Company list price is defined as the published list price in the most current catalog on FM0180.
• It is the responsibility of the reseller to obtain and maintain Zoeller Pump Company’s current list prices, and the reseller must update its advertised online price on the date that Zoeller Pump Company price updates become effective.
• If one or more of the products listed above is advertised online in a non-password-protected format or in a non-secured-shopping-cart format at a price lower than the minimum advertised price, the reseller will be deemed to be in violation of the Zoeller Pump Company IMAP policy.

5. Zoeller Pump Company will follow the sequence below for violations of this IMAP Agreement.

• First violation within a 365-day period: Reseller shall bring all non-complying materials into compliance within 5 days from written notice.
• Second violation within a 365-day period: Adjustment of distributor’s discount multiplier at Zoeller Pump Company’s sole discretion, on all
  models of product in violation for 30 days. Reseller shall bring all non-complying materials into compliance within 5 days from written notice.
• Third violation within a 365-day period: Loss of distributor’s discount multiplier on all IMAP items for 30 days. Reseller shall bring all noncomplying
  materials into compliance within 5 days from written notice.
• Fourth violation within a 365-day period: Termination of partnership between reseller and Zoeller Pump Company. Reseller will no longer be
  authorized to sell Zoeller Pump Company products online.

6. Zoeller Pump Company reserves the right to make monthly or year-end adjustments, at its sole discretion, to offset any incurred e-commerce warranty costs to maintain our reputation and integrity in the marketplace.

7. Zoeller Pump Company reserves the right to prior approval of any form of online advertisement pertaining to the sale of its products.

8. Zoeller Pump Company reserves the right to amend this Agreement, without notice, at any time and at its sole discretion.