1. PROGRAM OVERVIEW. Bellus Medical, LLC d/b/a Crown Aesthetics (“Crown” “we” or “us”) hereby provides the terms and conditions (these “Terms and Conditions”) governing our Prestige Rewards Program (the “Program”) which is being offered to you (“you” “your(s) or “Member”). These Terms and Conditions establish an agreement that is binding on all participants in the Program. The Program provides eligible Members with the ability to earn points to obtain purchase discounts (collectively, the “Rewards”) by purchasing eligible Crown products (the “Eligible Product(s)”). Furthermore, the Program website is provided by Crown’s vendor, Maritz Motivation Inc., a Missouri corporation (“Maritz”). Maritz provides the Program website to you subject to your acceptance of these Terms and Conditions. The Program website (the “Site”) is sponsored by Crown.

   Participation in the Program constitutes participant’s full and unconditional agreement to and acceptance of these Terms and Conditions and the decisions of Crown in administering the Program, which are final and binding. You also agree to review these Terms and Conditions periodically and shall be bound by any modifications thereto. If you do not accept these Terms and Conditions, you will not receive access to the Program or be permitted to use the Site. If during the Program, there are any subsequent modifications, your sole and exclusive remedy is to end your membership in the Program. The Program is void where prohibited or restricted by law. Membership in and benefits to the Program are offered at the sole discretion of Crown and may be cancelled or modified at any time for any reason with or without notice to you. Furthermore, if we determine in our sole discretion that you have violated these Terms and Conditions or any other agreement you have with us, we may in our sole discretion and as permitted by law, terminate your account and eliminate any pending, current, or future points balance you may have. We will notify you of such termination using the contact information you have provided or that may be associated with your Program account, and such termination may be effective immediately.

2. ELIGIBILITY FOR THE PROGRAM. Participation in the Program is limited to Crown provider customers located in the United States of America who agree to these Terms and Conditions and participate in the Program. You are not eligible for the Program if you submit claims for reimbursement to any Federal health care program as defined in 42 U.S.C. § 1320a-7b(f). By enrolling in the Program, you represent and warrant that you do not submit claims for reimbursement to any Federal health care program. You shall be automatically disqualified from the Program, and immediately forfeit all benefits accrued under the Program, if you submit any claims for reimbursement to any Federal health care program. Your participation in the Program is void where prohibited or restricted by law. Only one Program account may be created per business location. National accounts are specifically excluded from the Program. There are no fees or charges to become a Member of the Program.

3. PROGRAM ENROLLMENT. You may enroll in the Program upon receipt of an invitation email which contains a signup link by following the link and the Program prompts to register for the Program and activate your account.

   You are required to provide your email address and other requested information in order to enroll in the Program. You will also need to create an account by providing your name and creating a password in order to access the Program benefits and Rewards. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your information on the Site.

   Only one Program account may be associated with a single email address. In the event of a dispute over ownership of the Program membership account, the Member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms and Conditions, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

4. HOW THE PROGRAM WORKS; REWARDS TIERS. Members enroll in the Program upon activation of an account in the Program portal. Once enrolled, Members can earn points for Rewards by purchasing Eligible Products using their account credentials. Eligible Products not available for purchase are not considered Eligible Products for purposes of the Program and do not earn points. The determination of what constitutes an Eligible Product is made by Crown in its sole discretion and is subject to change at any time.

   The Program is a way in which we reward and thank our loyal customers for purchasing our products and for participating in certain brand experiences on the Site. You are able to earn points and reach Program loyalty tiers by making eligible purchases. Once you earn points and reach a certain loyalty tier, you may be eligible for certain Rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis. You can earn points which count towards Statement Credits or Prestige Points. Eligible purchases and other opportunities to earn points and reach Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in marketing communications, social media, etc.) and may be revised at any time solely within Crown’s discretion. Visit our [FAQS] to learn more about earning points and reaching the Program loyalty tiers.

   The Program is a tier-based program determined by the number of points a Member has earned within a single year based on eligible purchases and through qualifying activities, beginning on the date when you enroll.

   Statement Credit:

   There are 4 tiers associated with Statement Credit benefits:

   1. Partner- 1-9,999 points

   2. Advocate- 10,000-24,999 points

   3. Champion- 25,000-49,999 points

   4. Luminary- 50,000+ points

   Members earn points towards prospective Statement Credits when they purchase Eligible Products, and Members will be able to redeem when desired. For the avoidance of doubt, Statement Credits cannot be applied retroactively. The amounts of Statement Credits are set forth below.

   • Partner- 1%

   • Advocate- 2%

   • Champion- 3.5%

   • Luminary- 5.0%

5. HOW EARNING WORKS; POINTS EXPIRATION. Members earn both tier qualifying points and Prestige Points with the purchase of Eligible Products.

   Members earn tier qualifying points, for each dollar spent, by purchasing the following Eligible Products that tie to tier movement. Crown reserves the right to update Eligible Products and such updates will be posted on the Site.

   • 2 points- SkinPen® Treatment Kits, BIOJUVE™, and Premium Biocellulose Masque

   • 1 point- Progen PRP® Eclipse® tubes, Micropen EVO™ Treatment Kits, Skinfuse®, Votesse®

   • .5 points- SkinPen® and Micropen EVO™ devices

   Prestige Points:

   Members are also eligible to earn Prestige Points when they purchase Eligible Products, and Members will be able to redeem when desired. Prestige Points can be redeemed in the Crown store and rewards catalogue. For further instruction on how Prestige Points are redeemed please refer to the Crown Store for further information. The determination of what constitutes how much Prestige Points are earned and associated rewards is made by Crown in its sole discretion and is subject to change at any time. The amounts of Prestige Points are set forth below.

   • Partner- 1 point per $100 spent

   • Advocate- 1 point per $90 spent

   • Champion- 1 point per $80 spent

   • Luminary- 1 point per $70 spent

   Points are earned based on final pre-tax dollars spent on Eligible Products, after all other discounts. If a Member returns Eligible Products for a refund, the Member’s account will be reduced by the amount of points that were originally awarded for the initial Eligible Product purchase. Accounts will not move down a tier but will lose any points or Statement Credits associated with the Eligible Product return. Members will be able to review the point reductions on their portal. Points will expire at the end of the year following the calendar year in which they are earned. In the event you do not redeem your points prior to the expiration at the end of the next calendar year, your points will be forfeited and cannot be used for any rewards or any other considerations.

   For example, any points earned in the calendar year 2024 will expire on December 31st, 2025.

   The Program year is January 1st to December 31st (“Program Year”). During the Program Year, Members can earn tier qualifying points to move up to applicable tier levels. The tier qualifying points reset every Program Year. The tier that Members achieve at the end of any given Program Year is the tier in which they start at the beginning of the next Program Year. Your status in a particular tier is good for the Program Year in which you qualify for that tier and the following full Program Year.

   After that, you’ll need to earn enough points to qualify for that tier each Program Year. For example, if you qualify for Tier 2 during your first Program Year, you’ll maintain Tier 2 status during your second Program Year. But, if you earn less than 10,000 points on eligible purchases during your second Program Year, you’ll drop back down to Tier 1 on January 1 of your third Program Year.

6. ONE-TIME EARLY ENROLLMENT BONUSES. If you meet and have met the eligibility criteria and all other requirements in these Terms and Conditions at all relevant times, and you enroll in the Program on or before June 1, 2024, you will be eligible to receive (a) retroactive Prestige Points for purchases of Eligible Products in the time period of January 1, 2024 to June 1, 2024 (the “Retroactive Points Award”); and (b) a one-time, tenure-based Prestige Award if you made purchases of Eligible Products from January 1, 2023 to December 31, 2023 (the “One-Time Award”). The determination of the number of Points awarded to you for the Retroactive Points Award and the One-Time Award is made by Crown in its sole discretion and is subject to change at any time. By claiming the Retroactive Points Award and the One-Time Award, you represent and warrant that at the time you made purchases of Eligible Products you did not submit claims for reimbursement to any Federal health care program. If you enroll in the Program on or after 12:00 AM Eastern Standard Time on June 2, 2024, you will not be eligible to receive any Retroactive Points Award or One-Time Award, and your Points earned will be determined by the other provisions in these Terms and Conditions.

7. CHECKING YOUR POINTS. You can check your points balance by logging into your Member profile. Crown will attempt to update accounts with points on a timely basis. Any claim for points not credited accurately must be reported to Crown within 30 days from the date of the claimed accrual of such points. Crown shall have no liability for any failure, delay or error in crediting Rewards to your account.

8. TRANSFER OF PROGRAM POINTS/INTEREST. Any accumulated points balances are personal to your Program account and may not be sold, transferred, assigned, shared, or used by you for any purpose other than as permitted by these Terms and Conditions. Under no circumstances may points balances be combined between Program accounts.

   No interest is paid on Rewards subject to applicable laws. Point balances are not your property, and you have no property rights or other legal interest in the points. All points remain the sole property of Crown until redeemed. Your points balance or any part of it is not transferable, cannot be brokered, bartered, or sold, and cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with points of any other Member or participant in the Program.

9. TAXES. You agree that you are solely responsible for all applicable federal or state withholding, taxes, and government fees or costs associated with points balances and Reward redemptions.

10. COMMUNICATIONS WITH CROWN; HOW TO OPT OUT. By agreeing to these Terms and Conditions and participating in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from Crown. By signing up to join the Program, you will automatically be subscribed to receive Program emails.

    If you do not wish to receive these communications, you can request that they be discontinued by updating your preferences through your Member profile page. You cannot opt-out of certain Program related transactional emails, such as password reset, security alerts, point expiration warnings, monthly statements etc. If you sign up or use your membership to the Program with Crown and your Member profile indicates that you have not unsubscribed from receipt of advertising, marketing materials and other communications from Crown, Crown may continue to send those communications until otherwise notified.

11. MODIFICATIONS TO THE PROGRAM. We reserve the right, in our sole discretion, to limit, suspend, cancel, discontinue, change, amend or modify the Program and these Terms and Conditions, any related FAQs, or any related policies in whole or in part, at any time and with or without notice to Members (including, but not limited to, our right to expire points if these Terms and Conditions as stated herein are not met by the Member, adjust the amount of points earned for each dollar in purchases made on a going-forward basis, determine what constitutes an Eligible Product, or modify Rewards levels or Rewards benefits) by posting such amended terms to our website.

    Your continued participation in the Program means that you accept and agree to the amended terms. We reserve the right, in our sole discretion, to designate, develop or select eligible offers for Eligible Products and for particular periods of time. Any questions relating to whether a particular offer remains in effect or is eligible for recognition in the Program will be resolved by Crown in its sole discretion.

12. TERMINATION/INACTIVE ACCOUNTS/CANCELLATION. The Program has no fixed termination date. The Program and its benefits are offered at our sole discretion. Accordingly, we reserve the right to terminate the Program, points, Rewards, eligibility and benefits at any time and for any reason. In the event we terminate the Program, any accumulated points and benefits expire on the effective date of such termination.

    If a Member’s account has had no purchase activity during the immediately preceding twelve (12) months (“Inactive Account(s)”), Crown reserves the right to cancel the Inactive Account. At such time of cancellation, any accumulated points balance will expire. However, if a Member’s account is terminated for inactivity, the Member may re-enroll in the Program, but previously earned points will not be credited and the Member will start with a balance of zero points.

    We reserve the right to modify, terminate or suspend membership or accumulated points due to error, fraud, misrepresentation, misuse and/or manipulation using technology or otherwise. In particular, any abuse, manipulation or “gaming” of the Program or its rules (as determined by Crown) including multiple redemptions by the same individual via different accounts, failure to follow any terms of the Program, reselling points, any misrepresentation or any conduct detrimental to the interests of Crown not otherwise protected by law may subject Members to membership revocation or deduction of points obtained through these abusive or manipulative activities, cancellation of orders and will affect eligibility for further participation in the Program. You must not use another user’s account without permission and account owner is solely responsible for activity that occurs on the account. You must provide and maintain the accuracy, currency, and completeness of your personal information to maintain your eligibility or Crown reserves the right to suspend, terminate or refuse your current or future membership in the Program. You must keep your account password secure and you must notify Crown immediately of any breach of security or unauthorized use of your account. Crown will not be liable for any losses caused by any unauthorized use of account or registration information.

    If you choose to close your account, you can do so by contacting Crown Member Services or via self-closure on your Member profile page. Program accounts that are closed can be re-opened upon request by contacting Crown Member Services or by visiting your Member profile page. If you close your Program account, it will be your responsibility to redeem your points balance before canceling, if desired. If you do not redeem your balance before canceling your account, any points balance in your account will, subject to applicable laws, expire upon such cancellation. In addition, if you close your account, you acknowledge the following terms of closure:

    1. You will no longer be able to log into your account and will not be able to check your account or redeem any points you earned.

    2. You will forfeit all of your existing points, tier status, and tier benefits.

    3. You will no longer accrue points on purchases.

    4. You will be opted out of all Crown marketing, including emails, SMS, and push notifications and you will no longer receive Program communications.

    Crown’s interpretation or application of these Terms and Conditions of the Program and Rewards shall be binding on current and former Members if your account is canceled by Crown or you.

13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. NEITHER CROWN NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

    FURTHER NEITHER CROWN NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

    YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

14. INDEMNIFICATION. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms and Conditions.

15. GOVERNING LAW AND DISPUTES. This Program and these Terms and Conditions will be governed by and construed under the substantive laws of the State of Tennessee, as if they were a contract wholly entered into and wholly performed within Tennessee and without reference to conflict-of-laws considerations.

    Any action arising out of the Program, including but not limited to a breach of these Terms and Conditions, shall be brought before the federal or local courts presiding in Tennessee, United States, whichever is appropriate, and to whose jurisdiction you consent in such an action.

16. CLASS ACTION AND JURY TRIAL WAIVER. In any dispute regarding the Program, YOU AGREE THAT NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE FORUM HEARING THE DISPUTE MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

    WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.

17. COMPLIANCE. Nothing in these Terms and Conditions shall be construed to interfere with your clinical decision-making. You acknowledge and agree that you shall at all times exercise independent clinical judgment. You acknowledge that you are a healthcare professional solely responsible for ensuring compliance with appropriate clinical and legal standards applicable to your practice.

18. COPYRIGHT. All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) Crown Laboratories, Inc. ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Crown and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Crown or its software suppliers and is protected by U.S. and international copyright laws. You are prohibited from modifying, copying, uploading, distributing, transmitting, reverse engineering, displaying, publishing, selling, licensing, creative derivative works or using any content on this site for commercial, competitive or public purposes.

19. SEVERABILITY. The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms and Conditions without affecting the validity, legality or enforceability of any of the remaining provisions.

20. PRIVACY. The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by us in accordance with Crown Privacy Policy. Without limiting the foregoing, we will use and retain your personal information to (1) provide goods and services to you, such as servicing and maintaining your Program membership with us; (2) protect against deceptive and fraudulent activity; (3) enable internal uses that are consistent with our policy and (4) comply with any legal or regulatory obligation. BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY CROWN’S APPLICABLE PRIVACY POLICY AND OUR WEBSITE TERMS OF USE.

21. NO WAIVERS. Any failure by Crown to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

22. HEADINGS. The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

23. CONTACT US. For Program assistance or support, click the Help link from your Crown Aesthetics Prestige home page to reach our Crown Aesthetics Prestige customer service team. Scroll past the FAQs to enter the requested information. Then click send message and our customer service team will follow up with you directly. We are not responsible for requests or correspondence lost or delayed in the mail or over the internet. You may also consult the frequently answered questions in our FAQs for additional guidance.

These Terms and Conditions were last updated on March 13, 2024.