KaVo Kerr Preferred Loyalty Program Terms & Conditions
BY PARTICIPATING IN THE LOYALTY PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS.
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 a KaVo Kerr Dealer/Distributor provides KaVo Kerr with proof of a Primary Member’s purchase. SLAs will be credited when KaVo confirms proof of purchase/payment. The timing of point deposits is dependent on the frequency in which the Dealer/Distributor/KaVo Kerr reports purchase data. Once sales data is received, points will be deposited within approximately 10 business days. Points earned are based on dealer sales records selected upon registration by the Primary Member. If valid sales records are missed during registration, the Primary Member may edit their registration 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 member’s registration date or July 1, 2017, whichever is shorter in duration.
Not valid on purchases made from a KaVo Kerr Dealer/Distributor in any country other than US and Canada (excluding Quebec). Please contact a KaVo Kerr Representative or view our current list of Dealer/Distributors at http://www.kerrdental.com/kerrdental-contact-distributors-2.
“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 eligible KaVo and Kerr products as well as SLAs can be found here.
“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 authorized KaVo and Kerr Dealer/Distributors can be found here. Sponsor reserves the right to modify the definitions of Qualified Products and KaVo Kerr Authorized Dealers/Distributors at its reasonable discretion in these Terms and Conditions and at Sponsor’s reasonable discretion, on the Program Site and in other official Program communications to existing and prospective Primary and Associate Members. Sponsor reserves the right, at any time, to review the validity of a Member's existing, accruing, tendered or post-redemption Points for compliance with these Terms and Conditions, the actions by which Points have been earned, and of the Program and official Program communication media.Primary and Associate Members may earn for their Eligible Practice additional, supplemental or discounted Program Point(s) for other promotions and activities relating to Sponsor or its products and services (or Sponsor’s affiliates and their products and services), as such Point-earning opportunities may be specified from time to time to Program Members, subject to the terms and conditions of those specifications, in Sponsor’s sole discretion.
Earned Program Points will be automatically deposited into the Primary Member Members’ account (on behalf of the Eligible Practice) within approximately 10 business days from the time they are reported by such Member’s Participating Dealer/Distributor to Sponsor, subject to verification at Sponsor’s sole reasonable 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. Sponsor reserves the right to add, remove, and/or otherwise change the point-earning opportunities for Members over the duration of the Program, at any time.The accumulation, calculation, retention and use of Points is subject to review and validation by Sponsor, in a manner deemed appropriate by Sponsor, at any time and Sponsor reserves the right to take corrective actions, as deemed appropriate by Sponsor, with respect to Points or redemptions at any time, upon reasonable notice to an affected Primary Member. Members agree to reasonably cooperate in a review and validation by Sponsor, relating to any aspect of the Program.REDEEMING POINTS: Program Point redemption opportunities are offered only to Primary Members. Earned Points may be redeemed for items offered in the Program catalog, which is accessible at the Program Website. Item categories include KaVo Kerr 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 as recorded by a 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 a Primary Member 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.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.TERMINATION: The Program will continue to be offered to Eligible Practices and its Members under the Terms and Conditions of the Member Agreement 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 may terminate a Member’s membership in the Program and any Program Points earned in its reasonable discretion, including but not limited to non-compliance with these Terms and Conditions, fraudulent or other unlawful activity relating to the Program (including abuse or tampering with the Program Site in any way), when a Member is no longer employed by an Eligible Practice, and/or inactivity in the Program (defined as no Points earned or redeemed for 6 consecutive months). Sponsor reserves the right to immediately disqualify and terminate a membership in the Program and to refuse to award or redeem Points, if in its reasonable judgment, such Member ceases to be an employee of an Eligible Practice, or if a Member violates any of the Terms or Conditions of the Program Agreement, including, without limitation, engaging in fraud, other abuse, or tampering with the Program Site in any way.A Member can choose to terminate their Program membership by contacting customer service at firstname.lastname@example.org and making the termination 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 a Primary Member is disqualified or terminated, for any reason whatsoever.PROGRAM MODIFICATION: Memberships in the Program are offered at the discretion of Sponsor and Sponsor may change these Terms and Conditions and/or any part of them, at any time at its sole reasonable discretion and with notice to affected Members, even though such changes may affect the redemption value of the Points already accumulated by an Eligible Practice.Sponsor may change or discontinue the Program, including its Terms and Conditions, upon notice to affected Members, and shall not be liable to a Member or any third party if Sponsor exercises its right to change or discontinue the Program. Once a redemption has occurred, any change in the Program will not affect redemptions whose orders are in process. A Member’s continued participation in the Program will constitute such Member’s knowledge of and agreement to any and all changes to the Program and associated Terms and Conditions. If a Member does not agree with any changes made to these Terms and Conditions, he/she may terminate his/her participation in the Program at any time via the Program Site, at which time all Points in that account will be forfeited.Sponsor reserves the right at its sole discretion to change Point earning opportunities, to correct points awarded and point balances based on purchase history, the number of Points awarded for qualified activities and products, redemption opportunities, and corresponding Point totals to be earned upon notice to the Primary Member. The failure of Sponsor to comply with these Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Sponsor, shall not be deemed a breach of this Agreement. If any such contingency shall last for more than sixty (60) days, Sponsor shall have the right to immediately terminate the Program by giving notice with no further liability to any Member.MEMBER SERVICE AND SUPPORT: Questions pertaining to the Program (e.g., how to participate and redemption issues) can be forwarded via email to email@example.com. 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 the 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.
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. Please contact Member’s tax advisor regarding the tax treatment of the rebates received from Member participation in the Program.
Federal, state or local law may require the disclosure by the Participant 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 Participant 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).
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.
COPYRIGHT; NO LICENSE GRANTED: Nothing on the Program Site or on any other Sponsor web site, or Member use of the services or products related hereto, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Sponsor, its parent, subsidiaries or affiliates or any third party, whether by estoppels, implication or otherwise. Sponsor shall exclusively own all rights in and to the Program and the software related to the Program is protected by the laws of copyright, trade mark, patent, unfair competition and other proprietary laws. Member’s participation in the Program is limited to the rights expressly authorized by Sponsor herein.
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 and from time to time, in the sole reasonable discretion of Sponsor, and that Member will be provided with notice of such changes in accordance with these Terms and Conditions.