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Terms and Conditions for Authorized Resellers of 3D Stuffmaker USA Products

December 2013

 

Please read these Terms and Conditions for 3D Stuffmaker USA Resellers (“Terms”) carefully before applying to be an Authorized Reseller (“Reseller”) for 3D Stuffmaker USA, LLC ("3D Stuffmaker USA").  3D Stuffmaker USA, in its sole discretion, may amend these Terms from time to time upon without prior notice to Reseller and will be made available to Resellers from our main web site.

 

1. Pricing: A copy of the Minimum Advertised Price policy (“MAP”) is attached hereto as Exhibit A and incorporated herein by reference. Reseller agrees that Reseller’s advertising of 3D Stuffmaker USA products and services (“Products”) must comply with policies of 3D Stuffmaker USA, including, without limitation, the MAP, and agrees to discontinue any advertising that is disapproved by 3D Stuffmaker USA. See Exhibit B attached hereto for Products listing.

 

2. Advertising: All advertising by Reseller with respect to Products shall (a) be in conformity with 3D Stuffmaker USA’s established marketing policies and programs and (b) require the prior written approval of 3D Stuffmaker USA. Please contact 3D Stuffmaker USA Marketing at This email address is being protected from spambots. You need JavaScript enabled to view it. for 3D Stuffmaker USA marketing templates, style guide, brand identity manual, and talking points. Reseller must also submit all marketing plans to 3D Stuffmaker USA Marketing prior to implementation to This email address is being protected from spambots. You need JavaScript enabled to view it. .

 

3. Support: For any customer problems with Products, the 3D Stuffmaker USA Support Team (“3D Stuffmaker USA Support”) in its sole discretion will determine and diagnose the issues prior to taking any other course of action. Reseller customers should communicate with 3D Stuffmaker USA Support via email support@3D StuffmakerUSA.com.

 

4. Sales: 3D Stuffmaker USA will not enter into exclusivity arrangements with any Reseller. Resellers may not sell any Products through a third-party sales or retail site. Examples include, but are not limited to, the following: amazon.com, ebay.com, craigslist.com, or any third-party e-retailer, discount retailer or reseller, or auction site. Reseller shall comply with all applicable export laws and regulations as per the shipping and destination points of the sales transaction.

 

5. Intellectual Property Rights/Licenses: Reseller may use 3D Stuffmaker USA’s trade names, trademarks, service marks as set forth on a non-exclusive, non-transferable basis only during active Reseller status and solely in connection with selling, marketing and distributing the Products in accordance with these Terms. In order to comply with 3D Stuffmaker USA’s quality control standards, Reseller shall: (i) use 3D Stuffmaker USA Intellectual Property in compliance with all relevant laws and regulations, (ii) not modify any of 3D Stuffmaker USA Intellectual Property in any way, and (iii) not use any of 3D Stuffmaker USA Intellectual Property on or in connection with any goods or services other than the Products. Reseller acknowledges that 3D Stuffmaker USA Intellectual Property and the goodwill generated thereby are the exclusive property of 3D Stuffmaker USA and that Reseller shall not hereby acquire any ownership interest in any of 3D Stuffmaker USA Intellectual Property. All rights to 3D Stuffmaker USA Intellectual Property are expressly reserved by 3D Stuffmaker USA, except for Reseller’s limited right to use 3D Stuffmaker USA Intellectual Property as specifically set forth herein. All of Reseller’s limited right to use any 3D Stuffmaker USA Intellectual Property shall end when Reseller status has been terminated. Reseller shall not: (a) challenge the validity of 3D Stuffmaker USA Intellectual Property; or (b) do, or suffer to be done, anything which may, in 3D Stuffmaker USA’s opinion, adversely affect 3D Stuffmaker USA’s rights in, or the value of, 3D Stuffmaker USA Intellectual Property or the reputation of the Products or 3D Stuffmaker USA Intellectual Property. Reseller shall, upon 3D Stuffmaker USA’s request, cooperate with 3D Stuffmaker USA in any action necessary or desirable to register with the appropriate governmental agencies any 3D Stuffmaker USA trademark used or proposed to be used hereunder, and to enforce 3D Stuffmaker USA’s rights with respect thereto.

 

6. Waiver: 3D STUFFMAKER USA WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOST PROFITS OR LOST BUSINESS, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) WHETHER OR NOT 3D STUFFMAKER USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY THEORY OF LIABILITY WILL NOT EXCEED THE TOTAL AMOUNT PAID TO 3D STUFFMAKER USA PURSUANT TO THIS AGREEMENT FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY DURING THE TWELVE (12) MONTHS PRECEEDING THE FILING OF SUCH CLAIM. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION.

 

7. Termination: 3D Stuffmaker USA or Reseller may terminate for convenience upon thirty (30) days prior written notice and neither 3D Stuffmaker USA nor Reseller will have to pay the other any compensation, costs or damages resulting from the termination of these Terms without cause.

 

8. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, U.S.A., without regard to choice-of-law principles that may result in the application of the laws of another state. Any dispute between 3D Stuffmaker USA and Reseller arising under or relating to these Terms shall be subject to the exclusive jurisdiction of the State courts sitting in the City of Miami, State of Florida.

 

Reseller hereby agrees to submit to the jurisdiction of, and agree that venue is proper in, those courts in any such legal action or proceeding.

 

Acceptance:

By signing below, Reseller indicates acceptance of these Terms and MAP.

 

Signature: ____________________________________ Title: ___________________________________

 

Printed Name: ________________________________ Date: ___________________________________

 

 

Exhibit A – Minimum Advertised Price Policy

3D Stuffmaker USA 2013 Minimum Advertised Price (MAP) Policy

3D Stuffmaker USA has determined that its interests are best served through the adoption of a MAP policy. This MAP policy is designed to: (1) protect reseller margins so that desirable pre-sales and post-sales services and infrastructure can be provided by our channel partners; (2) support the 3D Stuffmaker USA brand as a premium offering; and (3) avoid destructive intra-brand channel conflict.

This policy has been unilaterally adopted by 3D Stuffmaker USA and will be uniformly enforced.

Policy Coverage.

This MAP policy covers all Resellers located in the United States. Resellers remain free to establish their own resale prices, but as noted below under Policy Violations, 3D Stuffmaker USA will, without assuming any liability, unilaterally remove reseller authorization against Resellers who advertise applicable Products at prices below those specified herein. 3D Stuffmaker USA 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. 3D Stuffmaker USA neither solicits, nor will it accept, any assurance of compliance with this MAP policy. Nothing in this MAP policy, or in the Terms, or in any other contract or agreement shall constitute an agreement between 3D Stuffmaker USA 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 3D Stuffmaker USA, in its sole discretion, from time to time.

Minimum Advertised Price.

The current listing of Products and applicable MAP prices are available for all Resellers on www.3D Stuffmaker USA.com. The Products and this MAP policy may be changed from time to time at 3D Stuffmaker USA’s sole discretion. Resellers are responsible for remaining current with this MAP policy, Products, and pricing.

This MAP policy applies to all advertisements of Products, including, without limitation, all media 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 this MAP policy shall be determined by 3D Stuffmaker USA in its sole discretion. In the event a Reseller chooses not to follow this MAP policy, 3D Stuffmaker USA will unilaterally and permanently remove that Reseller’s authorization to sell Products.

3D Stuffmaker USA will not accept any communication from a Reseller who has violated this MAP policy regarding the violation or the willingness of the Reseller to bring its prices into compliance with the MAP policy.

Policy Modifications.

3D Stuffmaker USA 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. Policy modifications shall be made available on the 3D Stuffmaker USA website and will be distributed via electronic mail.

Unilateral Action.

3D Stuffmaker USA 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.

NEITHER 3D STUFFMAKER USA SALES PERSONNEL NOR ANY COMMERCIAL DISTRIBUTORS NOR RESELLERS HAVE ANY AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY OR HAVE ANY COMMUNICATIONS WITH ANY RESELLER REGARDING VIOLATIONS OF THIS MAP POLICY.

Contact Information.

All questions or comments regarding this MAP policy are to be directed to the MAP policy administrator at This email address is being protected from spambots. You need JavaScript enabled to view it. . The MAP 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.

 

 

Exhibit B – Product Listing Product Name

Model / Part #

MSRP

MAP

3D Stuffmaker CREATOR | Black - Desktop 3D PRINTER

FG-CRE-B-017A

$1,795.00

$1,595.00

3D Stuffmaker CREATOR | Clear - Desktop 3D PRINTER

FG-CRE-C-017A

$1,695.00

$1,495.00

3D Stuffmaker EVOLUTION | Black - Desktop 3D PRINTER

FG-EVO-B-017A

$2,095.00

$1,995.00

3D Stuffmaker EVOLUTION | Clear - Desktop 3D PRINTER

FG-EVO-C-017A

$2,195.00

$1,895.00

3D Stuffmaker Mega Prusa (Fully Assembled)- Desktop 3D PRINTER

FG-MPRU-017A

$1,495.00

$1,1295.00

3D Stuffmaker-PLA Printing Filament - 1 Kg-Pink

PLA300ES-PIN

$62.00

$45.00

3D Stuffmaker-PLA Printing Filament - 1 Kg-Blue

PLA300ES-BLU

$62.00

$45.00

3D Stuffmaker-PLA Printing Filament - 1 Kg-Orange

PLA300ES-ORA

$62.00

$45.00

3D Stuffmaker-PLA Printing Filament - 1 Kg-Green

PLA300ES-GRN

$62.00

$45.00

3D Stuffmaker-PLA Printing Filament - 1 Kg-Yellow

PLA300ES-YEL

$62.00

$45.00

3D Stuffmaker-PLA Printing Filament - 1 Kg-Purple

PLA300ES-PUR

$62.00

$45.00

3D Stuffmaker-PLA Printing Filament - 1 Kg- Orange-Red

PLA300ES-ORR

$62.00

$45.00

3D Stuffmaker-PLA Printing Filament - 1 Kg-Ivory

PLA300ES-IVO

$62.00

$45.00

3D Stuffmaker-PLA Printing Filament - 1 Kg-Black

PLA300ES-BLA

$62.00

$45.00

3D Stuffmaker-PLA Printing Filament - 1 Kg-White

PLA300ES-WHI

$62.00

$45.00

3D Stuffmaker-PLA Printing Filament - 1 Kg-Grey

PLA300ES-GRY

$62.00

$45.00

3D Stuffmaker-PLA Printing Filament - 1 Kg- Clear(Natural)

PLA300ES-CLR

$62.00

$45.00


 

Consumer Series

Smaller footprint, perfect for the desktop home user who demands performance.

Hobbyist Series

Cost effective units for the hobbyist and tinkerer to experience 3D printing

Professional Series

Ideal for the instructional and prototyping environment without compromise.

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