Omni-Channel Reseller Policy
Venturi is a manufacturer/retailer of quality bath/shower accessories and reliable, affordable cigarette filters. Venturi markets and sells products under three established brand names – SlipX Solutions®, Crystal Creek Bath Products®, and TarGard® (together, the “Venturi Products”).
Venturi recognizes the value to consumers of a retail distribution network that supplies, promotes and consistently supports Venturi Products. To ensure that Venturi’s end consumers continue to receive a quality sales experience and outstanding customer service/support, Venturi has implemented a formal, mandatory reseller policy (the “Reseller Policy”) to eliminate the unauthorized reselling of Venturi Products via third-party online marketplaces. “Resellers” shall include:
- (i) Any of Venturi’s direct customers, including distributors (“Direct Customers”);
- (ii) Any retail customer supplied Venturi Products by any Direct Customer;
- (iii) Any other identified unauthorized reseller of Venturi Products regardless of its source for those products.
Under the Reseller Policy, a Reseller may not advertise or offer Venturi Products for sale, directly, indirectly or by referral in any manner, on or through any third party retail website, online marketplace, drop ship or auction site, or any comparable website or mobile app, or on or through any marketing website affiliated with any such site without Venturi’s prior written approval. Examples of such online marketplaces include amazon.com and its associated international marketplaces; eBay.com; Wayfair.com; and jet.com among others. The activity described above and prohibited by this Reseller Policy is referred to herein as Marketplace Reselling.
The Reseller Policy applies to Marketplace Reselling by or for the benefit of a Reseller under any trade name or DBA used directly or indirectly by the Reseller or any affiliate or associate of the Reseller (without regard to whether Venturi or any Direct Customer is aware of such trade name usage). The Reseller Policy does not apply to or restrict a Reseller’s advertising or offering Venturi Products for sale exclusively on such Reseller’s own proprietary transactional website. If Venturi determines in its sole discretion that there has been a violation of this Reseller Policy and so notifies the Reseller, the Reseller must cease any Marketplace Reselling within five (5) business days of the date the Reseller receives notice from Venturi by removing all offers for Venturi Products on any website as referenced above. If applicable, at its own cost, the Reseller must also immediately retrieve inventory of Venturi Products placed on consignment with any online marketplace and available for Marketplace Reselling. In addition, Venturi may also immediately and without notice refuse to accept or fill orders from the Reseller for a specified period determined by Venturi.
If any Reseller repeatedly violates the terms of the Reseller Policy and as a result Venturi believes its relationship with a Reseller may no longer be in Venturi’s best interest, Venturi reserves the right to terminate the commercial relationship, subject to such advance notice as Venturi may provide, in its sole discretion. For any Reseller that acquires Venturi Products from a Direct Customer, Venturi reserves the right to require that the Direct Customer take comparable actions in response to applicable Reseller violations of this Reseller Policy. Failure to do so in a timely manner may subject the Direct Customer to termination of its commercial relationship with Venturi.
The Reseller Policy is a unilateral policy issued by Venturi and is subject to change at any time in Venturi’s sole discretion. It is not a part of or incorporated into any agreement or specific commercial arrangement that Venturi may have with any Reseller. The Reseller Policy applies to any Reseller that resells Venturi Products in the United States and its territories; Canada; or the member states of the European Union, provided that the Reseller Policy will not apply in any jurisdiction to the extent applicable law expressly limits policies such as the Reseller Policy or related policies.