Terms and Conditions of Site Use

Minimum Advertised Price Policy (MAP)

Showers Pass® has determined that its and its authorized partner’s interests are best served through the adoption of a minimum advertised price (“MAP”) policy. This MAP policy is designed to (1) protect resellers so that desirable pre-sales and post-sales services can be provided by our Retail partners (2) support the Showers Pass® brand as a premium offering; and (3) avoid destructive intra-brand channel conflict.


 

This policy has been unilaterally adopted by Showers Pass® and will be uniformly enforced.

Policy Coverage.

This MAP policy covers all Showers Pass® resellers located in North America, South America, EMEA, ASIA, Australia and New Zealand. Although resellers remain free to establish their own resale prices, Showers Pass® will, without assuming any liability, unilaterally impose sanctions as described in this policy against resellers who advertise applicable Showers Pass® products at prices below those specified herein. Showers Pass® will not discuss any conditions of acceptance related to this MAP policy, as it is non-negotiable, and will not be altered for any reseller. Showers Pass® neither solicits, nor will it accept, any assurance of compliance with this MAP policy. Nothing in this MAP policy or in any other contract or agreement with Showers Pass® shall constitute an agreement between Showers Pass® and reseller that the reseller will comply with this MAP policy.

MAP applies only to minimum advertised prices and does not apply to the price at which the products are actually sold, or to advertised prices higher than the unilateral minimum resale prices established by Showers Pass® from time to time.

Distributors of Showers Pass® products are responsible for supporting and monitoring compliance of this policy and distributing a copy of this policy to any new or existing Resellers they are doing business with on Showers Pass® products.

Minimum Advertised Price.

The current listing of products and applicable MAP prices are published on www.showerspass.com on individual product pages. The products and MAP may be changed from time to time at Showers Pass®’ sole discretion. Showers Pass® resellers are responsible for remaining current with MAP policy, products and pricing.

All Showers Pass® products are subject to this MAP policy unless specifically stated otherwise. Each advertisement below the MAP will be a violation of the policy.

The MAP policy applies to all advertisements of specific Showers Pass® products in and all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and public signage.

Policy Violations.

Violations of MAP policy shall be determined by Showers Pass® at its sole discretion.

In the event a reseller chooses not to follow the Showers Pass® MAP policy, sanctions will be unilaterally imposed by Showers Pass®.

Intentional and /or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed by Showers Pass®. The level of the sanctions will be determined by Showers Pass® in its sole discretion and may include indefinite termination of dealership or distributorship agreements. Showers Pass® does not intend to do business with Resellers who degrade the image of Showers Pass® and its products.

Showers Pass® need not provide prior notice or issue warnings before taking any action under this MAP Policy.

Policy Modifications.

Showers Pass® reserves the right at any time to modify, suspend, or discontinue the MAP policy in whole or in part or designate promotional periods during which the terms of the policy change or designate periods of time during which the policy is not applicable.

Unilateral Action.

Showers Pass® is not seeking agreement from any reseller to adhere to this MAP policy. It is entirely within the discretion of the reseller whether to comply or not comply.

Contact Information.

All questions or comments regarding this MAP policy are to be directed to the policy administrator at mapadministrator@showerspass.com. The policy administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to resellers regarding the policy and receiving any communication regarding sanctions imposed under this policy.

 

This Map policy has been established by Showers Pass® to help ensure the legacy of Showers Pass® as a top producer of high performance, high quality products and to protect the reputation of its name and products. This MAP Policy is also designed to avoid destructive intra-brand conflict and to ensure that dealers and distributors have the incentive to invest resources in taking exceptional care of Showers Pass® customers.


Access and Use of the Website
Showers Pass® grants you a limited license to access and use the Website, including to display, copy, distribute and download its content, only for your personal, non-commercial use and provided that you do not modify the Website, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these terms and conditions of use. Upon termination, you must immediately destroy all copies in your possession.

Unauthorized use of the Website or any content contained therein may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
 
 
Restrictions on Use of the Website
Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Website or its content in any form without the prior written permission of Showers Pass®.

The following activities are also expressly prohibited without the prior written permission of Showers Pass®: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Website or any of its content; "mirroring" the Website or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Website or otherwise interferes with its functioning.

 

 
Posting and Transmitting to the Website
Except for information that is subject to the Showers Pass® Privacy Policy, Showers Pass® will not treat information you post or transmit to the Website as confidential or proprietary. By sending information to Showers Pass® through the Website (by transmitting, posting, or otherwise), you agree that Showers Pass® may use that information in any way, for any purpose, including its own commercial purposes, subject only to the Showers Pass® Privacy Policy.

You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. Showers Pass® reserves the right to edit or remove any post or transmission that, in its judgment, is not appropriate.

 

 
 
Accuracy of Information and Disclaimer of Warranty
Showers Pass® has made every effort to present the content on the Website accurately, but additions, deletions and changes may occur. Content on the Website is provided "as is"; neither Showers Pass® nor its representatives make any representation or warranty with respect to the content.

Showers Pass® and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to the Website or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, non-infringement, or fitness for any particular purpose.

 

 
Limitation of Liability
Under no circumstances will Showers Pass® or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Website or its content, even if they have been advised of the possibility of such damages. You access and use this Website at your own risk.

 


Links to this Website
Showers Pass® grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website, provided that the link and the site on which it appears do not portray Showers Pass® or its products or services in a false, misleading, derrogatory, or offensive manner. The Showers Pass® logo, trademarks, and graphics are proprietary, and may not be used without the prior written permission of Showers Pass®.

 

 
Links to Third Party Websites
Showers Pass® does not necessarily review or control third party Websites that link to or from the Website, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party sites is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use.

 


Ownership
The material provided on this Website is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of the Website is owned by Showers Pass® or others. Except for the limited rights granted above, all other rights are reserved.

All trademarks are the property of their respective owners. Some images are used with the permission of third parties, such as manufacturers, media contacts, and customers.
 
 
For Use in the United States
This Website is controlled and operated by Showers Pass® and its service providers within the United States. Showers Pass® does not represent that the Website is appropriate or available for use elsewhere; access to the Website from locations where its contents are illegal is not authorized. If you access this Website from outside the United States, you do so on your own initiative and at your own risk.
 
 
Privacy
Please review the Showers Pass®
Privacy Policy, which also governs your visit to this Website.
 

 

Changes to the Terms and Conditions
Showers Pass® may change these terms and conditions of use at any time, without prior notice. If you access or use the Website after Showers Pass® posts a change, you accept that change. If you do not accept the change, do not access or use the Website. You should check these terms and conditions of use periodically.
 
 
 
 
 
Version Date: 02/01/2010