December 1, 2024
MINIMUM ADVERTISED PRICE (MAP) POLICY
LJC Apparel DBA Kimes Ranch (“Company”) has determined that the violation of advertising practices undermine the trade reputation, brand, and image of the Kimes Ranch products within the target consumer population. This discourages Kimes Ranch resellers from investing in the Kimes Ranch product line and providing the best possible service and support to consumers.
Accordingly, Kimes Ranch has adopted this unilateral Minimum Advertised Price policy (“MAP” or “Policy”), which applies to all advertisements of Kimes Ranch products, including, without limitation, all Kimes Ranch brand products (“Products”) by approved resellers (“Resellers”).
Establishment of MAP
1. Kimes Ranch is solely responsible for establishing MAP. While Resellers remain free to advertise and sell Products at any price they deem appropriate, it is a violation of this Policy for a Reseller to advertise Products at a price lower than the Kimes Ranch authorized MAP. Such advertisements include, but are not limited to, any offering, quotation, advertising, promotion or otherwise, regardless of location or medium used, and/or the selling of Product, whether brick-and-mortar or ecommerce, or through a catalog or newspaper insert or any other print medium of Products.
a. Company does not have an “iMAP” and considers any price offering below MAP regardless of medium shall constitute a violation of this Policy.
b. Advertising may not contain any language or graphics that states or suggests that a MAP Product is being offered for sale at a price less than the MAP Price for that MAP Product.
2. “Dollar Off” promotions whereas an established discount is given for Products and/or Product with bundled ancillary goods (e.g., $25 dollars off with purchase of 3 items) are also considered violation of Policy. Reseller’s added value promotions, for example free shipping, are allowed for Products provided the MAP Price(s) or higher of the advertised/promoted Product(s) must appear either individually or as a combined aggregate figure in the advertisement/promotion and may not be lowered to reflect the value of the additional promotional item(s).
3. Category-wide promotions which mention or show Reseller’s diverse brands within a product category, not just Kimes MAP Product, are acceptable provided they apply to all brands within a product category and the value of the promotional item(s) are not deducted from the MAP Price of the MAP Product. Free shipping and/or handling do not violate this Policy (e.g., "Free Shipping on all denim" is permissible).
4. Although Kimes Ranch is not directing any Reseller to require that its customers comply with this Policy, a violation of this Policy by any such third party who purchases and resells Products below MAP will constitute a violation by the Reseller.
5. The following Policy terms apply without regard to any and all Third-Party relationships of Company Resellers. Reseller upholds that these Third-Party distributors/resellers transact business in compliance with this Policy. Company does not seek, request, or want any Company authorized distributor, independent sales representative or Reseller to monitor, supervise, or report whether any third-party is or is not in compliance with this Policy, or to undertake any action designed to influence any third-party’s compliance with this Policy:
a. A Company Reseller is permitted to sell products, including MAP Products, only to end users/consumers. Accordingly, Reseller must take reasonable steps to ensure that its sales are to end users/consumers only and not to other resellers. Sales to resellers of MAP Products by Reseller shall constitute a violation of this Policy. If a third-party distributor or reseller to whom Reseller sells MAP Products violates the MAP Policy, such violation will be attributed to Reseller and considered a breach of this Policy by Reseller.
b. A Company Reseller may not directly or indirectly aid in or facilitate the advertising, promoting, offering for sale or sale of MAP Products by unauthorized third parties. If a Company Reseller hosts or provides a website or other forum where third parties advertise, promote, offer for sale or sell Products, such Reseller is responsible for ensuring that such entities or parties utilizing its website or forum are Kimes Ranch authorized resellers. If a hosted third party is not a Kimes Ranch authorized reseller then the hosting Reseller will be held responsible by Company and will be deemed in violation of this Policy as Reseller either (a) knew or reasonably should have known that such third party was not a Kimes Ranch authorized reseller or (b) fails to cause such unauthorized third party to discontinue advertising, promoting, offering for sale or selling any MAP Products within ninety-six (96) hours of being advised by Kimes Ranch of the presence on its website of such unauthorized third party.
c. Any knowing or negligent selling or providing of Products to any third party which offers, sells, or provides (regardless of price) such Products on an internet auction site shall constitute a violation of this Policy.
6. Any offering, selling, or providing (regardless of price) of one or more Products by Reseller on a third-party internet auction site such as eBay or any other site which allows or conducts auctions or accepts bids is strictly prohibited. Additional prohibited sales strategies are including but not limited to:
a. Products may NOT be listed, sold on, or shipped through Amazon, eBay, Rakuten, Walmart or any other 3P platform; the only authorized exceptions are social media platforms with shops including, but not limited to Meta, Tik-Tok, etc.
b. Products may not be advertised or sold on an “auction” site.
c. Products may not be advertised or sold using “make an offer” or “price matching” sales strategies.
d. Products may not be included in any coupon, discount, or offer that in effect reduces the advertised price below our MAP price.
If you are a Reseller and would like to sell Company Products on Amazon.com, you can apply for authorization by sending an email to agreements@kimesranch.com. Only a limited number of Resellers will be authorized on an annual basis, and they must have a written offer signed and dated by the first of July 1, 2025 for the following calendar year (2026).
7. When a MAP Product consists of more than one component, such MAP Product may not be sold separately but must be sold in the configuration as packaged originally by Kimes Ranch. For example, if Company sells a two-Piece jacket set (outer jacket and removable liner) as a single MAP Product, Resellers may not sell the pieces separately. The set must be sold as originally packaged by Company.
8. MAP Price MUST be included on any advertisement for direct sales, but is not required only if the purpose of the advertisement is to convey general information concerning the brands carried by Reseller. Any reference to Products intended to induce the consumer to contact Reseller to seek additional information about pricing of the Products is considered a violation. In all circumstances, the MAP Price or higher of an MAP Product must appear conspicuously on at least one page above the “final checkout page.”
a. If a click on the banner advertisement brings the viewer to any page other than a detail page explaining the specifications of a MAP Product, then the MAP Price must be displayed on that landing page.
b. If the click on the banner advertisement brings the viewer to a MAP Product detail page, then a click on that product detail page must next take the viewer to a page displaying a price equal to or higher than the MAP Price for Products.
9. Only the Kimes Ranch MAP Policy Administrator, has any authority to discuss, modify or grant exceptions to this MAP Policy. Any representation or action by any Associate, employee, sales representative or persons not specifically authorized to discuss, modify or grant exceptions to this MAP Policy is unauthorized, and any and all statements are invalid.
Violations
Kimes Ranch will take the following actions against any Reseller that fails to comply with this Policy with respect to the sale of Products:
1. For a Reseller’s first violation of the Policy, it will be viewed as a violation and Reseller will have 48 hours to restore MAP pricing before Company will place the account on shipping hold for THIRTY (30) days.
2. For a Reseller’s second violation (including failure to remedy a first violation within 48 hours) of the Policy, Company will place the account on a shipping hold for SIXTY (60) days.
3. For a Reseller’s third violation of the Policy, Company will place the account on shipping hold for NINETY (90) days.
4. For a Reseller’s fourth violation of the Policy during a 12-month period, Company will TERMINATE the account.
Promotions and MAP Holidays
Kimes Ranch may allow limited MAP holidays for specific time periods. Resellers will be notified thirty (30) days in advance via email communication. Resellers are expected to confirm their participation in any promotions.
Intellectual Property Use
Any Reseller that complies with these policies may use our trademarks, trade names, and logos in print advertising or on the internet to advertise Company Products that are available for sale or delivery at the Reseller’s physical retail location or their online store. Unauthorized or inappropriate use of our logos, trademarks, trade names, or other intellectual property (such as use of our images on auction sites and 3P platforms) may result in restriction of Reseller’s ability to purchase Company Products including termination of your account. All trademarks, trade names, logos, and other intellectual property remain the exclusive property of Kimes Ranch.
Modifications
MAP and suggested margins have been set unilaterally by Company and cannot be the subject of negotiation or discussion with any Reseller. It is the obligation of the Company to enforce this policy uniformly and fairly. Company may update, revise, suspend, terminate, reinstitute, or modify this Policy, in whole or in part, at any time in its sole discretion. Without limiting the foregoing, from time to time, the MAP for one or more Products may be modified by Kimes Ranch and any such modifications including a detailed list of price changes will be made available to all authorized Resellers.
Effective Date
This Policy is effective as of January 1, 2025, and shall continue for a period of one (1) year to be renewed annually on the following January of each calendar year. This Policy supersedes and replaces any prior minimum advertised price policies of Kimes Ranch as of this effective date.
Company reserves the right to restrict sales to any Reseller that violates either the letter or spirit of this policy. Any questions about this Policy should be submitted in writing and directed to the Kimes Ranch MAP Liaison at agreements@kimesranch.com.
WHOLESALE RETURN POLICY
At Kimes Ranch, we are dedicated to supplying our valued retailers with high-quality merchandise that is free from flaws in both workmanship and material. We take pride in our products and offer a warranty to ensure that our customers can continue to sell them with confidence.
Our Wholesale Return policy allows for the return of all retail orders within thirty (30) days of receiving Kimes Ranch product, subject to the conditions outlined below. Acceptable reasons for requesting a credit or a Return Merchandise Authorization (“RMA”) includes duplicate orders, orders shipped past cancel dates, missing items, and/or defective products. To start the return process and to get a RMA, contact your sales representative within ten (10) business days of receiving the product from Kimes Ranch. Provide your order number, reason for return, and itemized list of the product(s) being returned. Upon approval, Kimes Ranch will send you a return label and packing slip. Packages must be shipped back to Kimes Ranch within thirty (30) calendar days of receiving the product and must include the issued packing slip.
Product Condition
All non-defective products that are returned must be in a re-sellable condition. The product must be undamaged and unworn, with original labels and tags intact. We will not accept products that have been worn, damaged, altered, or have evidence of strong odor, dirt, stains or animal hair. All specialized tags and anti-theft devices must be removed before returning the product. Please note Kimes Ranch reserves the right to reduce the refund amount (up to the value of the retail price of the returned item) if the product is not returned in the manner stated above. All products are subject to final inspection by Kimes Ranch upon arrival.
Credits & Exceptions
If your contents are lost, incorrect, missing, or damaged, please save all product and packing materials and contact your Wholesale Customer Service Representative at credit@kimesranch.com within ten (10) business days of receiving the product. In the case of damaged goods, we will apply a credit or initiate a replacement order upon receiving the RMA as stated above. In some cases, a replacement order may not be possible due to inventory levels; in these cases, a credit will be issued. Any outstanding credits not used by the year end (December 31st) will be applied to any open invoices on the account. We appreciate your cooperation and for being a promoter of our products. We value our relationship with you and look forward to continuing to serve you as a valued member of our Kimes Ranch Family.