TERMS AND CONDITIONS

TERMS AND CONDITIONS OF L'Oréal PROFESSIONNEL ELITE LOYALTY PROGRAM

  1. To apply for membership, prospective salons are required to completely fill out and sign an Enrollment Contract. The distributor will attach supporting distributor invoices or account print outs as proof of purchase for your L'Oréal Professionnel quarterly purchases. Enrollment Contract and proofs of L'Oréal Professionnel quarterly purchases will be used to determine if your salon qualifies for the program. Membership decisions are within the sole discretion of L'Oréal Professionnel. Once membership has been approved, every quarter your distributor will be required to mail L'Oréal Professionnel a Salon Quarterly Purchase Form along with your distributor invoices or account print outs. You must check off your appropriate purchase level based on the quarterly purchases and adhere to the due dates indicated in order to receive your Reward Points.
  2. To be eligible for the program, L'Oréal Professionnel must be your primary haircolor. To obtain and retain membership status, your salon must maintain the minimum specified purchase level of $2,500 per quarter in L'Oréal Professionnel products.
  3. The salon is entitled to the benefits set forth in the L'Oréal Professionnel Elite Loyalty brochure, as it may be modified periodically. The amount of available Reward Points are determined by membership and purchase levels. Product received through Reward Points reimbursement is not eligible to be included in satisfying product purchase requirements. Beauty Schools are NOT eligible for L'Oréal Professionnel Elite Loyalty program.
  4. Membership is valid after enrollment in L'Oréal Professionnel Elite Loyalty is completed and approved by L'Oréal Professionnel.
  5. The Distributor listed in this agreement will have sole responsibility for providing proof of quarterly dollar purchases to L'Oréal Professionnel Elite Member Services.
  6. Rewards redemption will be coordinated through L'Oréal Professionnel Elite Member Services.
  7. Purchase of L'Oréal Professionnel products for up to three salon locations owned by the same person(s) and serviced by the same distributor can be combined to achieve a higher purchase level within the L'Oréal Professionnel Elite Loyalty program.
  8. Booth renters may apply for membership in the L'Oréal Professionnel Elite Loyalty program with written permission from the salon owner. There is one Reward allowance regardless of the number of booth renters in one location. Their individual purchases can be submitted to L'Oréal Professionnel Elite Member Services on a quarterly basis to receive their Quarterly Statement.
  9. The Salon Owner(s) agree(s) to follow the distribution policies of L'Oréal Professionnel and its Distributor, including any restrictions or policies that appear on bottles or packaging. Those policies include: L'Oréal Professionnel products are designed for use by licensed professionals and are sold only to professional salons with the express understanding that the salons may resell L'Oréal Professionnel retail products only to their clients for home maintenance use. These retail sales are based upon professional's knowledge of their client's hair and beauty needs, as well as an appreciation of each client's particular hair condition and requirements. It is agreed that a professional salon is a salon in which (i) at least 50% of the total square footage of the usable floor space of the entire business is devoted to the regular performance of cosmetological services, and (ii) at least 50% of the total revenues received from all services at the establishment's location are payments for cosmetological services performed on the premises, or the establishment derives at least $100,000 per year in income from cosmetological services. Any deviation from these policies is a violation of the Agreement and will result in immediate termination of this Agreement. If L'Oréal Professionnel commences litigation against you for breaching this provision, and proves such breach, you agree the L'Oréal Professionnel shall be entitled to an injunction against you prohibiting any further breach; damages; and all costs incurred by L'Oréal Professionnel or its Distributors to recover any such products.
  10. To be a member in good standing, a salon must respect L'Oréal Professionnel Elite Loyalty program guidelines. Salons must also maintain minimum purchase levels. If a L'Oréal Professionnel Elite Salon does not achieve the specific qualification levels for three consecutive quarters, L'Oréal Professionnel reserves the right to terminate the salon's L'Oréal Professionnel Elite Loyalty membership status.
  11. L'Oréal Professionnel reserves the right to cancel or change the program at any time with or without prior notice.
  12. By participating in the L'Oréal Professionnel Elite Loyalty program, Salon, for itself and its employees, releases and discharges L'Oréal USA, Inc., its subsidiaries and affiliates and the officers, directors, employees and agents of each of the foregoing, from any and all claims, losses, damages, fines, penalties or other liabilities of any kind whatsoever arising out of the participation of Salon or its employees in the L'Oréal Professionnel Elite Loyalty program or the acceptance and/or use of any prizes redeemed under the program.