KaVo Kerr Preferred Loyalty Program Terms & Conditions

11/13/18

BY PARTICIPATING IN THE LOYALTY PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS.

OVERVIEW: The KaVo Kerr Preferred Loyalty Program (“Program”), offered by Kerr Corporation (“Kerr”), 1717 West Collins, Orange CA 92867 and by KaVo Dental Corporation (“Kavo”), 11727 Fruehauf Dr., Charlotte, NC 28273 (“Sponsor”), provides eligible dental practices (through their authorized agents) the opportunity to access via www.kavokerrpreferred.com rewards. The Program allows Members (as defined herein) to earn Program points (“Points”) for qualifying purchases of certain products (“Qualified Products”) from KaVo and Kerr Authorized Dealers and Distributors (“Dealer/Distributors”), as defined below. Program Points will be earned on purchases from the date of registration. Points may be redeemed for certain products (“Redemption Products”) as defined below, a rebate check and/or qualifying CE tuition reimbursement, as specified in these Terms and Conditions, including subsequent amendments and additions hereto (“Terms and Conditions” or “Agreement”), and on the Program website at www.kavokerrpreferred.com  (“Program Site”).  Participation in the Program is also subject to Sponsor’s Privacy Policy (located at www.kavokerrpreferred.com/privacy ) and the Program Website Terms of Use (located at www.kavokerrpreferred.com/terms ).   

ELIGIBILITY: The Program is open to all dental practices classified as a Private Practice or Group Practice who: (a) operate a place of business in the United States and/or Canada excluding Quebec; and (b) have registered for this Program themselves or through a KaVo Kerr representative by entering their required name and contact details at www.kavokerrpreferred.com; (each an “Eligible Practice”). Eligibility for the Program is subject to verification at Sponsor’s sole discretion; registrants that are not Eligible Practices may not participate in the Program.  The Program is void where prohibited.

For Private Practices, a practice representative may visit Program Site, review these Program Terms and Conditions, Sponsor’s Privacy Policy and Sponsor’s Terms of Use, and proceed to input all requested member and Eligible Practice registration information in the form provided (“Registration Form”). Group Practices must be registered through a KaVo Kerr representative who will work with the Group Practice organization to designate the Group Practice Owner and Group Practice Members for those practice locations that roll under the Group Practice Owner.

The first to be registered for the practice (both Private and Group) and upon confirmation (subject to continuing verification by Sponsor), will be deemed the Primary Member of the Program and thereafter responsible for making the Eligible Practice eligible for specific Program benefits described herein. By registering, the Primary Member represents and warrants that he/she has the authority to participate in the Program on behalf of Eligible Practice in accordance with these Terms and Conditions and is at least 18 years of age. Primary Member must be a lawfully identifiable human being; no fictitious or alias names and no machines, scripts or automated services may be used for purposes of participation in the Program. Membership in the Program is not transferable; however, an alternate Primary Member can be designated to administer the Program on behalf of an Eligible Practice. See the Program Site for information on how to update Primary Member information. Collection and use of personally identifiable information for Members submitted or verified in conjunction with Program registration is subject to Sponsor’s Privacy Policy. The Eligible Practice agrees that the Sponsor may republish an Eligible Practice’s business name for publicity purposes in association with reward redemption/receipt activities. By registering for the Program, Members agree to receive electronic communications from Sponsor, to provide true and accurate registration information to enroll and participate in the Program, in conjunction with their Eligible Practice, and further agrees to revise all identifying/contact information in a timely manner to ensure that the Member information provided in connection with the Program is at all times updated and accurate. Sponsor is not responsible for contacting any Member by any means if that Member has failed to provide updated information. See the Program Site for information on how to update any Member information or contact customer service here: www.kavokerrpreferred.com/content/contactus

COMMENCEMENT OF POINT EARNING AND HOW TO EARN POINTS: Eligible Practices earn points on purchases from the date of registration. Points are earned based on sales records with Kavo Kerr Authorized Dealer/Distributors via the sales accounts identified by the Primary Member upon registration.  The Primary Member may edit their registration data  at a later date to add/delete sales records.  If sales records are added, points tied to those records will be deposited as earned from the date of such change. 

Points earned for Group Practice will be allocated to Group Practice Members based on percentages agreed by Group Practice Owner and Sponsor at time of registration. Sponsor reserves the right to change the allocation among the Group Practice Owners at any time for any reason or no reason.  Points are non-transferable Program measurement units which may be used on the Program Site. Points are earned and awarded to the Eligible Practice for the purchase of Qualified Products from the designated Authorized Dealer/Distributor. All purchases under the Program must be for the Eligible Practice’s own use, not for resale.  Points earned may vary based on the member category (Private Practice or Group Practice). The point earning schedule can be viewed by logging into www.kavokerrpreferred.com. Sponsor reserves the right to change the number of points earned for the purchase of a Qualified Product at any time.  Points have no cash value. Points earned pursuant to a qualified purchase that correspond to a subsequent product return for a refund, or associated with a returned check due to insufficient funds, will be deducted from the Eligible Practice’s account.

KaVo and Kerr product redemptions from KaVo and Kerr promotions and programs will not count towards loyalty Program Points. 

Program purchases will be credited when the KaVo Kerr Authorized Dealer/Distributor associated with the designated sales account provides KaVo Kerr with proof of a Primary Member’s purchase. Service Level Agreements (“SLAs”) will be credited when KaVo confirms proof of purchase/payment. The timing of point deposits is dependent on the frequency with which the Kavo Kerr Authorized Dealer/Distributor and/or KaVo reports purchase data. 

Not valid on purchases made from a KaVo Kerr Dealer/Distributor in any country other than US and Canada (excluding Quebec). 

Earned Program Points will be automatically deposited into the Primary Member’s account (on behalf of the Eligible Practice) within approximately 10 business days from the time the sales records are reported by such Member’s Participating Dealer/Distributor to Sponsor, subject to verification at Sponsor’s sole discretion.  As a Member of the Program, you agree to the release of all sales data Dealer/Distributors for the purpose of proper account management and reward calculations. 

REDEEMING POINTS: Program Point redemption opportunities are offered only to Members.  Group Practice Members may redeem Program Points in accordance with the allocation made by Sponsor and Group Practice Owner.     Earned Points may be redeemed Qualified Products, Checks and Continuing Education Tuition Reimbursement (in the form of a PromoCode). KaVo Kerr may refuse a redemption request if the Primary Member is not in good standing on its KaVo Kerr purchases. Sponsor will not deliver any such items to P.O., APO or FPO boxes. Redemption products can only be shipped within the United States and Canada (excluding Quebec). Items ordered at the same time may arrive separately. Merchandise will be delivered to the practice shipping address on record with the designated Authorized Dealer/Distributor record within approximately 4 to 6 weeks of placing the order, unless otherwise notified. Rewards must be redeemed in accordance with Program communications. KaVo Kerr is not responsible for replacing lost or stolen product.

EXPIRATION OF POINTS: Unless an Eligible Practice is terminated or otherwise terminates their participation in the Program as set forth below, Points shall be maintained in the Primary Member’s account until they are redeemed or until the Program is discontinued, whichever occurs first.  The expiration of points is subject to change by Sponsor at any time for any reason or no reason.

ADDITIONAL SPONSOR/PARTICIPATING DEALER/DISTRIBUTOR PROMOTIONAL OPPORTUNITIES: Sponsor may, from time to time, include on the Program Site promotional opportunities presented by Sponsor or participating Dealer/Distributors (“Promotional Opportunities”). These Promotional Opportunities may either be hosted on the Program Site or hosted on an alternative website, and may either be related or unrelated to the Program. All such Promotional Opportunities will be subject to their respectively stated terms, conditions and means of participation and, to the extent they are hosted on non-Program websites, those websites’ terms and conditions.  Product redeemed under a Promotional Opportunity does not quality to earn Points.

TERMINATION: The Program will continue to be offered to Eligible Practices and its Members under the Terms and Conditions unless Sponsor provides notice of termination of the Program to Members on the Program Site, which notice may be supplementally provided in Sponsor’s sole discretion in other official communication media and channels reasonably calculated to reach affected Members. Sponsor reserves the right to disqualify and/or terminate membership in the Program and any Program Points earned in its discretion, including but not limited to non-compliance with these Terms and Conditions, Primary Member ceases to be an employee of an Eligible Practice, fraudulent or other unlawful activity (including abuse or tampering with the Program Site in any way), and/or inactivity in the Program (defined as no Points earned or redeemed for 6 consecutive months). A Member can choose to terminate their Program membership and/or their receipt of electronic communications by contacting customer service at admin@kerrpreferred.com  and making the termination request. KaVo Kerr will honor the request within ten (10) business days of receiving the request. All Points shall be forfeited immediately upon making the termination request. There will be no compensation, whether in the form of cash or credit, or otherwise, for Points which are un-redeemed and forfeited when an Eligible Practice is disqualified or terminated, for any reason whatsoever.

MEMBER SERVICE AND SUPPORT: Questions pertaining to the Program (e.g., how to participate and redemption issues) can be sent at www.kavokerrpreferred.com/content/contactus. For any questions pertaining to the Program’s Qualified Products, Members are directed to www.kerrdental.com and www.KaVo.com.  For questions pertaining to Promotional Opportunities, consult the terms and conditions of the subject Promotional Opportunity for administrative service and support contact information.

DISPUTES; GOVERNING LAW; CONSTRUCTION: Members agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of Members(s) and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine of any jurisdiction. In Canada, this promotion is governed by the laws of Canada (excluding Quebec).

This Agreement sets forth the entire understanding between the Member and Sponsor and supersedes any and all prior or contemporaneous agreements or understandings between Member and Sponsor, whether oral or written, including those terms and conditions of any previously existing Kerr Loyalty program, as to the subject matter of this Agreement. If any provision of this Agreement or the application thereof to any Member or circumstances shall to any extent be held to be invalid or unenforceable, the remainder of this Agreement, or the application of such provisions to persons or circumstances as to which it is not held to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and be enforced to the fullest extent permitted by law. No waiver of these terms and conditions will be valid unless the waiver is in writing and signed by an officer of Sponsor.

TAX REPORTING

Member shall comply fully with all applicable laws, rules and regulations, including those of the United States, Member’s home country (if not the United States), and any and all other jurisdictions globally, which apply to Customer’s business activities in connection with the Agreement.

The U.S. Internal Revenue Code and the tax code for most industrialized nations would view Program rewards, discounts, or any other remuneration as taxable income to the recipient. Members should contact their tax advisor regarding the tax treatment of the rebates received from Member participation in the Program. ​​​​​​​

DISCOUNT REPORTING

Federal, state or local law may require the disclosure by the Member of discounts, rebates, or other reductions in price received, directly or indirectly, pursuant to this program, in claims, charges, or reports made to federal healthcare programs, including Medicare and Medicaid. The Member hereby acknowledges this obligation and warrants and represents that it will properly report and disclose, and appropriately reflect all reduction in price received and all amounts paid hereunder (including all rebates) as discounts to the extent required by applicable state and federal laws and regulations, including the Physician Payments Transparency Requirements of the Patient Protection and Affordable Care Act of 2010, 42 U.S.C. 1320a-7h, and implementing regulations, and the discount “safe harbor” regulations, published at 42 C.F.R. Section 101.952(h).

LIABILITY LIMITATIONS: A Member is solely responsible for the equipment and internet access required to connect to the Program. Each product redeemed in accordance with these Terms and Conditions is subject to the warranty and terms and conditions specific to and applicable to that product. To the extent permitted by law (including the Competition and Consumer Act 2010 (Cth)), Members agree that Sponsor and/or Gage Marketing Group, LLC “Gage” and their related bodies corporate (as the term is defined in the Corporations Act 2001 (Cth)) and agents will not be liable for (a) any losses, costs and damages resulting from the Member’s enrolment in the Program, use of the Program, redemption of the Program Points and use of the rewards; (b) any punitive, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, data or other intangible losses, even if Sponsor or Gage or their related bodies corporate and agents have been advised of the possibility of such damage(s) resulting from the Member’s participation in the Program and/or its redemption of the Program Points and use of the rewards. Any attempted participation by internet or email or any other means except as permitted by this Agreement is void. Sponsor and Gage will not be responsible for lost, late, incomplete, stolen, misdirected, or illegible materials, email or mail; or for any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections, or availability, or for garbled or jumbled transmissions, or for service provider/internet/web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, Points, Reward orders or other information, or the failure to capture any such information. Sponsor and Gage are not responsible for any incorrect or inaccurate information, whether caused by printing errors, Web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Program, and are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the website or any communications means. Sponsor and Gage are not responsible for injury or damage to Members’ or to any other person's computer related to or resulting from participating in this Program or downloading materials from or use of the website. Any use of robotic, automatic, macro, programmed or like methods to accumulate Points will void all such Points accumulated by such methods, and disqualify any Member.

PRIVACY POLICY: Members in the Program understand and agree that in order to offer the Program, Sponsor must collect and use personally identifiable information about Members and will from time to time contact Members via their e-mail address, facsimile numbers and other contact information as provided. Sponsor may use such personally identifiable information for marketing purposes and share it with Sponsor’s marketing services suppliers for that purpose. Sponsor has contracted with a third party, Gage, for the administration of this Program and may additionally share contact information with Authorized Dealers/Distributors for communication and promotional purposes relating to the Program. All information gathered by Sponsor will be shared with Gage or Authorized Dealer/Distributors, for the limited purposes of administering/promoting this Program. In all other ways this Program is administered under the terms of the Sponsor’s Privacy Policy.

INDEMNIFICATION: Member agrees to release, defend, indemnify and hold harmless Sponsor and/or Gage, their parents, subsidiaries, successors, assigns, affiliated companies, and agents, and each of their respective successors, assigns, shareholders, officers, directors, employees, attorneys and agents (collectively “Indemnitees”), from and against, and accept all responsibility of any kind, including but not limited to financial, for any liability, claims, losses, damages or proceedings, including but not limited to death, (including reasonable attorneys’ fees) relating to any actions taken by such Member or anyone else using their Member account (whether or not such use occurred with or without the Member’s permission), including but not limited to accrual and redemption of Points, and disclosure of Member username and/or password. Member also agrees to release, defend, indemnify and hold harmless the Indemnitees from any and all liability, claims, losses, damages or proceedings, including but not limited for death (including reasonable attorneys’ fees) relating to Points, rewards and any other matter in connection with the Member’s participation in the Program, regardless of whether such damages are based on tort, warranty, contract or any other legal theory, even if advised of the possibility of such damages.  Each Member acknowledges and agrees that Sponsor shall not be responsible nor liable for any agreements between a Member and any of the Program's affiliated companies, including but not limited to Authorized Dealer/Distributors.

Member shall have the right to defend any such claim made against Member, to retain counsel of its choice (subject to Indemnitees’ approval) and to settle any such claim at its expense with Indemnitees’ prior written approval.  If Member does not provide a reasonable defense to any such claim, Indemnitees may assume and undertake the defense. Member will reimburse Indemnitees for all expenses from such defense and/or claim within sixty (60) calendar day after being incurred.

DEFINITIONS

“Qualified Products” means the following:

The Program relates only to KaVo products, Kerr products and equipment SLAs including products sold by Aribex and DITC; it is not applicable to products sold or branded by KerrLab, Pentron Clinical, DUX Dental, Beavers Dental, Metrex, Ormco, Implant Direct or any other Danaher Corporation subsidiary. Only KaVo and Kerr brand name consumable products and equipment qualify towards the Program. No private label products shall qualify for Points under the Program.

A full list of Qualified Products as well as SLAs can be found here.

“Redemption Products” means the following:

A full list of eligible KaVo and Kerr products for redemption is available in the Rewards section of the website.  Points can be used to redeem specified Kerr and Kavo products only.

 “KaVo Kerr Authorized Dealer/Distributor” means the following:

KaVo Kerr authorized dealers and/or distributors who sell KaVo and/or Kerr product to private practices in the US and Canada (excluding Quebec) and report sales data to KaVo and/or Kerr on a regular basis.

A full list of KaVo and Kerr Authorized Dealer/Distributors can be found here

Member Agreement Acknowledgment and Acceptance

By registering, enrolling and/or participating in the Program, Member agrees that the Member has read and understands each of the Terms and Conditions set forth (and as may be cross referenced) herein and will comply with each of the Terms and Conditions of the Program. Member acknowledges that these Terms and Conditions are subject to change at any time without notice.​​​​​​​