IMAP and Anti-Diversion Policy: US

Effective September 1, 2022, the entire 6AM Run LLC product line will be covered under the 6AM Run LLC IMAP Policy at no more than a 20% off discount.  Resellers not listed on the Authorized Reseller page, who have not previously disclosed their third-party reseller name(s) to 6AM Run LLC, are prohibited from selling 6AM Run LLC products on any domestic or foreign third-party website, including, but not limited to, Amazon.com, Walmart.com and eBay.

INTRODUCTION

Effective September 1, 2022, 6AM Run LLC , Inc. (“6AM Run LLC”) has adopted the following Internet Minimum Advertised Price Policy (“IMAP” or “Policy”) applicable to all 6AM Run LLC , Inc. distributors, dealers and resellers (collectively, the “Resellers”). International accounts must reflect pricing as translated into their local currency.

6AM Run LLC has been building a trusted, high-quality brand since 1965. The Policy has been implemented in order for 6AM Run LLC to protect its image and to better compete in the market for premium vitamin and supplement products. In particular, 6AM Run LLC has determined that adoption of the Policy is a necessary component of its strategy to avoid distribution channel conflicts and to ensure that the 6AM Run LLC product line is appropriately promoted and supported in the marketplace. The Policy is intended to help ensure that consumers purchase from Resellers based on loyalty and customer care expectations. If 6AM Run LLC allows your company to resell its products, you must comply with the requirements and restrictions, as may be amended from time to time, stated in this Policy. This Policy is subject to change at any time by 6AM Run LLC , Inc. in its sole discretion.

 

COVERED PRODUCTS

This Policy applies to the 6AM Run LLC® brand name products listed in the Covered Products list. Any adjustments that may be made in the sole discretion of 6AM Run LLC will be posted 30 days in advance at www.carlsonlabs.com/imap. In addition, 6AM Run LLC will take reasonable steps to provide advance notice of adjustments to its online Resellers via email updates. The Policy does not apply to discontinued, close-out, or distressed merchandise, or to special over-stock promotions as announced by 6AM Run LLC. 6AM Run LLC may also, from time to time, announce promotional periods during which the Policy will not apply with respect to all or some Covered Products.

 

POLICY

IMAP pricing shall be the discount off the current 6AM Run LLC MSRP as stated on Exhibit A (currently 20% off MSRP on ALL 6AM Run LLC SKUs). IMAP pricing for non-US resellers (Exhibit B) shall be calculated by converting US MSRP into the local currency per the following formula:  6AM Run LLC US MSRP x (times) the average annual exchange rate at the time US pricing is adjusted x (times) 1.05 (5% exchange rate buffer). This policy is unilateral, non-negotiable and will not be altered for any Reseller. All Resellers of Covered Products remain free to sell the Covered Products at any price they choose in their sole and absolute discretion. As used in this Policy “Internet Advertising” means advertising or otherwise promoting the Covered Products using the Internet, including using any online or internet ad campaigns with respect to the sale of Covered Products as well as sponsored links, websites operated by, affiliated with, and/or linked to the Internet Reseller’s website(s). 

 

ANTI-DIVERSION

Effective January 1, 2019, 6AM Run LLC will enforce anti-diversion requirements as part of this Policy. All Covered Products purchased by distributors, dealers or resellers in the USA are intended for sale to end consumers in the USA. Authorized international distributors are restricted to the terms of their applicable distribution agreement. 6AM Run LLC prohibits the diversion of Covered Products to unauthorized foreign markets or other distributors. The diversion of products to foreign markets or to other distributors, dealers or resellers without the prior written consent of 6AM Run LLC, will result in penalties or termination consistent with the violation penalties described in this Policy.

 

E-BAY & OTHER AUCTION WEBSITES

“Buy It Now” options must be listed at a price equal to the IMAP Policy or greater. For auctions, the reserve and/or opening bids must start at the IMAP Policy price without a “Buy It Now” option. “Best Offer” auctions are not allowed. No 6AM Run LLC , Inc. employee or sales representative has any authority to modify or alter this Policy or to negotiate this Policy or any agreement with respect to it with any Reseller.

 

VIOLATIONS

If, after making an investigation into any alleged or discovered violation 6AM Run LLC determines to its satisfaction that a Reseller has engaged in Internet Advertising of any Covered Products at a net resale price less than the IMAP price, or if it has determined that Covered Products sold by a Reseller to any other person or entity which engages in Internet Advertising, advertises any Covered Products at a net resale price less than the IMAP price, 6AM Run LLC may take one or more of the following steps:

 

First Violation: The following steps will be taken in response to a Reseller’s first violation of the 6AM Run LLC IMAP Policy:

  • Step 1: Reseller will be notified of the violation in writing, via electronic mail. Reseller will have ten (10) calendar days to correct such violation and come into compliance with the IMAP Policy.
  • Step 2: If Reseller fails to correct the violation within ten (10) calendar days from the date the written notice was provided, 6AM Run LLC will immediately reduce any earned or negotiated discounts down to the next lower tiered discount rate and will require prepayment on all sales to Reseller. Reseller will also be suspended from receiving any sales or promotional pricing discounts or, if Reseller is already ineligible for any discounted pricing, 6AM Run LLC will suspend all sales to such Reseller. First violation suspensions will last for a period of 30 days after Reseller comes into compliance with the IMAP Policy. The suspension period will restart if Reseller engages in further violations during the suspension period.
  • Step 3: Following the end of the suspension referenced in Step 2 above, and provided that Reseller does not otherwise violate the IMAP Policy during the suspension period, 6AM Run LLC will reinstate Reseller to full status. If the Reseller continues to be in violation of the IMAP Policy, it will be considered a second violation.

Second Violation: If a second violation of the IMAP Policy by Reseller occurs in a twelve (12) month period, Reseller will be notified that if the violation is not corrected within six (6) calendar days, 6AM Run LLC will immediately reduce any discounts offered to the Reseller by two discount rate tiers off of any earned or negotiated discount rate and will require prepayment on all sales to Reseller. Reseller will be suspended from receiving any sales or promotional pricing discounts or, if Reseller is already ineligible for any discounted pricing, 6AM Run LLC will suspend all sales to such Reseller. Second violation suspensions will last for a period of 60 days after the Reseller comes into compliance with the IMAP Policy. After a second violation, Reseller must accept all of 6AM Run LLC terms and conditions to be a Reseller, in writing, and will only be approved upon the sole and absolute discretion of 6AM Run LLC. The suspension period will restart if Reseller engages in further violations during the suspension period.

 

Third Violation: If a third violation of the IMAP Policy by Reseller occurs in an eighteen (18) month period from the first violation, Reseller will be notified that if the violation is not corrected within two (2) calendar days, 6AM Run LLC will immediately suspend all sales to such Reseller. Third violation suspensions will last for a period of 90 days after the Reseller comes into compliance with the IMAP Policy. The suspension period will restart if Reseller engages in further violations during the suspension period.

 

Fourth Violation: If a fourth violation of the IMAP Policy by Reseller occurs in an eighteen (18) month period from the first violation, Reseller will be notified that if the violation is not corrected within twenty-four (24) hours, 6AM Run LLC will immediately suspend all sales to the Reseller indefinitely, but for no less than a period of one hundred and eighty (180) days after the Reseller comes into compliance with the IMAP Policy. After a fourth violation, Reseller must reapply to be a 6AM Run LLC Reseller and must be approved by 6AM Run LLC in its sole and absolute discretion. The suspension period will restart if Reseller engages in further violations during the suspension period.

 

TERMINATION

Reseller understands that repeated violations of this Policy may be grounds for terminating the Reseller’s relationship with 6AM Run LLC. Resellers will be notified of any such violations and instructed to cease and desist all sales that are in violation of the IMAP Policy.

 

ADVERTISEMENTS

The IMAP Policy applies to all advertisements for 6AM Run LLC in any and all virtual/online media, including, but not limited to virtual/online: websites, shopping carts, newspapers, magazines, catalogs, flyers, coupons, mailers (including e-blasts), email, and like electronic media. The IMAP Policy applies to all forms of advertising that may have a direct or indirect effect of discounting the advertised price of a Covered Product such as rebates, gift cards, free gifts, or bundling.

 

ADVERTISING STATEMENTS

No Reseller may make any statements or other indication on its website or otherwise in connection with any Covered Product that indicates or implies that a lower price may be founding, including: “click here for a lower price,” “see price in cart,” “log in for price,” “add to cart for lower price,” “mouse over for price,” or “email or call for a lower or better price.”

 

TRADEMARKS & COPYRIGHTS

All 6AM Run LLC trademarks and copyrights (“Intellectual Property”) remain the sole property of 6AM Run LLC. Reseller is granted a limited, non-transferable right to use 6AM Run LLC Intellectual Property and any advertising materials provided by 6AM Run LLC in connection with approved reselling activities of 6AM Run LLC products and in a manner consistent with this Policy and any other policies determined by 6AM Run LLC.

 

BUSINESS NAME DISCLOSURE

Reseller must provide full disclosure of all business and assumed names or word marks it currently uses in the marketplace in connection with the sale of 6AM Run LLC products to 6AM Run LLC and hereby confirms that it has disclosed a list of any such business and assumed names or word marks to 6AM Run LLC. Failure to disclose online seller names may result in immediate termination.

 

Note: This IMAP Policy is not intended to restrict 6AM Run LLC  rights to manage its distribution channels and make or change its decisions regarding Resellers and others with whom it will do business. Among other things, depending on the severity of the violation and the response of the Reseller when advised of a violation of this IMAP Policy, 6AM Run LLC may deem it appropriate to bypass some or all of the steps above and immediately cease doing business with the Reseller. In addition, failure by 6AM Run LLC to enforce this Policy at any time shall not be deemed to be a waiver of its right to enforce the Policy in the event of future violations.

MAPP Enforcement Will Be Based on Below:

 

UPC MSRP estimated list price MAX 20% Discounted List Price
745558343482 $54.99 $49.99 $43.99
745558343475 $54.99 $49.99 $43.99
659436723177 $54.99 $49.99 $43.99
659436696679 $54.99 $49.99 $43.99
659436781863 $54.99 $49.99 $43.99
659436563216 $54.99 $49.99 $43.99
745558343512 $54.99 $49.99 $43.99
745558343536 $54.99 $49.99 $43.99
659436627673 $59.99 $54.99 $47.99
659436689374 $59.99 $54.99 $47.99
745558343550 $54.99 $49.99 $43.99
745558343710 $54.99 $49.99 $43.99
723503038300 $39.99 $34.99 $31.99
659436999091 $39.99 $34.99 $31.99
745558343611 $39.99 $34.99 $31.99
745558343673 $59.99 $54.99 $47.99
745558343666 $59.99 $54.99 $47.99
745558343659 $59.99 $54.99 $47.99
659436977112 $59.99 $54.99 $47.99
659436654679 $59.99 $54.99 $47.99

 

 

IMAP FAQs

Q: Why do you have a MAP Policy?

A:  6AM Run LLC has an Internet Minimum Advertised Price Policy to protect the 6AM Run LLC image and to better compete in the market for premium vitamin and supplement products. 6AM Run LLC determined that adoption of the Policy is necessary to minimize distribution channel conflicts and to ensure that the 6AM Run LLC product line is appropriately promoted and supported in the marketplace. The IMAP Policy is intended to help ensure that consumers purchase from Resellers based on loyalty and customer care expectations. If 6AM Run LLC allows your company to resell its products, you must comply with the requirements and restrictions of the IMAP Policy, as may be amended from time to time

 

Q: Why have you changed your IMAP Policy?

A:  6AM Run LLC reviews the 6AM Run LLC MAP Policy regularly to ensure that the purposes of the Policy are achieved in a way that best supports 6AM Run LLC Resellers.

 

Q: Are you monitoring IMAP Policy compliance? If so, how?

A: Yes. 6AM Run LLC uses a variety of internal and external monitoring methods. 6AM Run LLC continues to implement new methods of monitoring IMAP policy compliance. Violations are subject to the repercussions stated in the 6AM Run LLC IMAP Policy.

 

Q: What conduct is covered by the 6AM Run LLC IMAP Policy?

A: The IMAP Policy applies to all forms of reseller marketing that include products covered under the IMAP Policy. 

 

Q: To which 6AM Run LLC Products does the IMAP Policy apply?

A:   This Policy applies to 6AM Run LLC brand name products listed in the Product List IMAGE. 6AM Run LLC updates the Covered Products list in its sole discretion.

 

Q: Who reports IMAP violations?

A: Reports are primarily submitted by third-party monitoring services but can also be brought to our attention by existing authorized resellers.

 

Q: To whom should I report IMAP Policy violations?

A: Violations should be reported in writing to imap@carlsonlabs.com.

 

Q: How are IMAP Policy violations handled by 6AM Run LLC?

A: An investigation will be done to determine if a violation has occurred. If it is determined that a violation has occurred, we will enforce the terms as stated in our IMAP Policy.

 

Q: Will I be notified of the action taken against the company I report as being in violation of the MAP Policy?

A: 6AM Run LLC does not notify the person(s) that reported the violation.

 

Q: XYZ Company continues to advertise at prices below IMAP Pricing. Why hasn’t 6AM Run LLC stopped them?

A: There may be legal reasons why 6AM Run LLC cannot enforce the MAP Policy with those sellers. For example, they may not be a 6AM Run LLC customer. 6AM Run LLC is in the process of implementing new enforcement mechanisms to track Resellers who divert 6AM Run LLC products in an effort to avoid enforcement of the MAP Policy.