To help Pivot Point Fringe Rewards (the “Fringe Rewards”) program participants (each a “Participant”) fully understand the Fringe Rewards’ special services, benefits and awards, the following Terms and Conditions have been prepared as a reference. These provisions will govern participation in the Fringe Rewards program and it is the Participant’s responsibility to read and understand all of them. Pivot Point International, Inc. (“Pivot Point”) may change the Fringe Rewards rules, conditions, benefits, or awards pertaining to the Fringe Rewards at any time without notice. Fringe Rewards partner awards (if any), and associated benefits may be subject to taxes. Any required disclosure and tax liability is each Participant’s sole responsibility. Participation in the Fringe Rewards, the awarding and redemption of Fringe Rewards offers are void where prohibited by law, and are subject to applicable government regulations. These Terms and Conditions are governed by the laws of the State of Illinois. These Terms and Conditions may only be modified in writing by Pivot Point. Member may access updated Terms and Conditions of Fringe Rewards at [http://www.pivot-point.com].

 

General Terms and Conditions

 

  1.  These Terms and Conditions May Change. Pivot Point may, among other things: change earning ability, withdraw, limit, modify or cancel any award, cancel or change partner awards, increase the Fringe Rewards requirements to redeem any award, modify or regulate the transferability of Fringe Rewards benefits. Fringe Rewards enrollment may take up to ten (10) business days. No retroactive Fringe Rewards benefits will be awarded.

 

  1.  Eligibility.  In order to enroll in the Fringe Rewards, Member must be a hair or beauty education organization/campus, which instructs students for licensure, in good standing with Pivot Point. Good standing is defined by having accounts paid on time, if your account becomes delinquent, Participant will not be in good standing until account is paid. Participant must spend, at a minimum, $300 per student with Pivot Point during the relevant Participation Review Period (defined in Section 4 below). Participants are only eligible to have one Fringe Rewards account. Accounts cannot be shared or combined by more than one Participant, but at the sole discretion of Pivot Point, multiple campuses of a single organization may have separate accounts for each campus.

 

  1. Enrollment in the Fringe Rewards.  Eligible parties will receive an email from Pivot Point to opt-in to participate in the program. Once Participant has agreed to the terms and conditions, a follow-up email and Welcome Package will be sent to them within ten (10) business days. Additional information on how to redeem rewards will be included in this communication.

 

  1. Participation Levels. There are three (3) levels within the Fringe Rewards Program based upon the per-student investment each Participant spends with Pivot Point.
  • Platinum: $1,200/student
  • Gold: $800-$1,199/student
  • Silver: $300-$799/student

Participant’s level will be reviewed on January 1 and July 1 of each calendar year and will be assigned the appropriate level based on the Participant’s spending for the prior six (6) month period

(i.e. January 1 - June 30 or July 1 - December 31), each a “Participation Review Period.” Participants who change levels will be notified of the change in level and will have ninety (90) days (or such shorter time as described in the notification) to redeem benefits at the prior level.

 

  1. Benefits.

 

 

Merchandise discounts are applied to individual merchandise items not entire orders.

 

LAB Admissions Seats can be redeemed only by Participants who subscribe to LAB (Learn About Beauty/Barbering). Reward includes one discounted 25-pack of seats—additional seat packs will be available at an additional fee.

 Onsite Training is an annual reward that can be scheduled Wednesday – Friday (excluding holidays) and is subject to availability. Reward includes any workshop from Pivot Point’s “hands-on training” selections indicated in Pivot Point’s Education Catalog. Reward is eligible for redemption by organization only—not by campus, even if each individual campus has a separate membership. Participant is required to pay for all required workshop materials.

 

Platinum Tier Only: Participant is required to spend a minimum of $50,000 annually to be eligible for free workshop. If Participant does not fully qualify, Participant will receive a discount of 50% off list price. A promotional code will be provided with the proper discount based on qualifications. If Participant would like to extend this training longer than 2 days, a daily fee will apply.

Referral Incentive is a total of a $1,000 credit—$500 credit will be issued to account 30 days after referred school has made its initial purchase. The remaining $500 will be credited after referred school has made consistent purchases of educational products and/or services for the referred school’s students for at least six (6) months. Written documentation from referred school must be submitted indicating contact and the referring Participant to receive reward. Both referred school and Participant must be in good standing for redemption.

 

Marketing Tools will be comprised of one Pivot Point Partner logo, four display posters, one window decal, four social objects, one flyer for admissions use, content for Participant’s website on what it means to be a Pivot Point Partner and access and restricted usage rights to fashion images. Marketing tools can be used organization-wide and are subject to change without notice.

 

Educator Hair Kit offers two complimentary or discounted kits annually per Participant campus. The first kit will be eligible for redemption between January – April and the second kit will be eligible for redemption between September – December. Redemption code is available for up to $550 List Price—any order over the maximum list price will be charged accordingly. Discount is taken from list price and is not an additional discount off current pricing tier. Participant is required to pay associated shipping fees and must be in good standing.

 

Platinum Tier Only: Each campus is required to spend a minimum of $10,000 annually to be eligible for redemption. If Participant does not qualify, Participant will

receive a discount of 20% off list price. A promotional code will be provided with the proper discount based on qualifications.

 

Admissions Display Kit offers one complimentary or discounted kit every 24 months. Display kit is limited to the student kit purchased by the Participant. Discount is taken from list price and is not an additional discount off current pricing tier. Participant is required to pay shipping fees associated and must be in good standing.

 

Platinum Tier Only: Each campus is required to spend a minimum of $25,000 annually to be eligible for redemption. If Participant does not qualify, Participant will receive a

 discount of 30% off list price. A promotional code will be provided with the proper discount based on qualifications.

 Complimentary Advanced Education can be redeemed only by Participants in the Platinum level who subscribe to LAB. Reward will consist of educational video modules on Participant’s LAB site annually.

 Rewards may not be used to purchase gift cards. State and local restrictions vary by each location, and Pivot Point reserves the right to restrict redemptions of rewards in order to comply with state and local laws and regulations. Partial Rewards will not be issued. If a full Reward is not used when redeemed, no remaining balance will be refunded nor will any remaining balance be available for application toward future purchases.

 

  1.  Termination of Fringe Rewards.  The Fringe Rewards Program may continue until such time as Pivot Point at its sole discretion elects to designate a Fringe Rewards termination date. Pivot Point has the right to end Fringe Rewards by providing written notice to then Active Participants thirty (30) days in advance. All Fringe Rewards benefits in the account will be forfeited thirty (30) days after the written notification. An "Active Participant" is a Participant that has received Fringe Rewards benefits and has provided and maintained a valid e-mail address/phone number and maintains at least a $300 per student spending level, and Participant’s account is in good standing, in the most recent Participation Review Period. If Participant fails to maintain an active, valid email address/phone number, or account has been placed on credit hold, Pivot Point reserves the right to inactivate the Participant’s account. If Participant’s account is inactivated, Participant will no longer be an Active Participant and all Fringe Rewards benefits will be forfeited thirty (30) days after Participant ceases to be an Active Participant. If Participant wishes to be a Participant in the Fringe Rewards after Participant ceases to be an Active Participant, Participant must contact Pivot Point to re-enroll in the Fringe Rewards Program.

 

  1. Termination of Participation. Pivot Point may discontinue membership for any Participant who engages in the unauthorized sharing of affiliate codes or program benefits, or acts in an abusive manner (including but not limited to abusive behavior targeted at Pivot Point employees, affiliates or abusive behavior via social media) or in a manner inconsistent with local, state or federal laws. Discontinued participation under this Section will result in the immediate loss of all accumulated Fringe Rewards benefits and the Fringe Rewards account will be closed. Pivot Point also reserves the right to deny future participation if Pivot Point deems Participant’s conduct to violate these Terms and Conditions. Pivot Point’s failure to insist upon or enforce Participant’s strict compliance with these Terms and Conditions will not constitute a waiver of any of Pivot Point’s rights.

 

  1.  Transfer of Fringe Rewards Benefits. Fringe Rewards participation has no cash value and is not valid if obtained from unauthorized parties, including without limitation, internet auction, or coupon sites. The transfer, sale or barter of Fringe Rewards benefits, and partner awards or benefits, other than by Pivot Point, is prohibited. Fringe Rewards benefits or partner awards that have been transferred, sold or assigned for such purposes may be confiscated or canceled. 

 

  1. Privacy Policy. The information Participant provides as a Participant of the Fringe Rewards will be handled according to the Pivot Point Privacy Policy located at http://www.pivot-point.com.

 

  1. Account Information. For information about Participant’s membership, contact your Pivot Point Customer Support Representative, at 847-866-0500.

 

  1. Updates to Terms and Conditions. Pivot Point may, in Pivot Point’s discretion, change these Terms and Conditions, the Pivot Point Privacy Policy, or any aspect of the Fringe Rewards participation. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. PARTICIPANT’S CONTINUED PARTICIPATION AFTER PIVOT POINT CHANGES THESE TERMS CONSTITUTES PARTICIPANT’S ACCEPTANCE OF THE CHANGES. IF PARTICIPANT DOES NOT AGREE TO ANY CHANGES, PARTICIPANT MUST CANCEL PARTICIPATION IN THE PROGRAM.

 

  1. Limitation of Liability. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND CONDITIONS, IN NO EVENT WILL PIVOT POINT OR PIVOT POINT’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE FRINGE REWARDS PROGRAM. PIVOT POINT’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT PARTICIPANT SPENT ON QUALIFYING PURCHASES IN THE MOST RECENT TWELVE-MONTH PERIOD. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF PARTICIPANT’S PARTICIPATION IN THE PROGRAM. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO PARTICIPANT, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO PARTICIPANT, AND PARTICIPANT MIGHT HAVE ADDITIONAL RIGHTS.

 

  1. Dispute Resolution. In consideration for participating in the Fringe Rewards, except for intellectual property claims, Participant agrees that if Participant has a dispute with Pivot Point about the Fringe Rewards, Participant will try to resolve the dispute through negotiation with Pivot Point. If agreement cannot be reached through negotiation, Participant agrees to seek resolution on an individual basis only through binding arbitration in the State of Illinois and that the laws of the State of Illinois will govern the substantive resolution of the matter. If for any reason a claim proceeds outside of binding arbitration, the laws of the State of Illinois will govern.  

 

  1. Third Party Content, Products and Services (including Advertising and Promotions). Pivot Point may provide third party content on the Pivot Point or Fringe Rewards website and/or mobile app (including embedded content) and links to web pages and content of third parties, including Pivot Point-branded, co-branded content and/or webpages (collectively, "Third Party Content"). Pivot Point does not control any Third Party Content including the advertisements or promotions of any third party, and inclusion of, any link to and/or reference to Third Party Content does not imply Pivot Point's endorsement, affiliation or adoption of the Third Party Content and Pivot Point makes no guarantee as to its accuracy or completeness. When Participant visits other sites via Third Party

 

Content, or participates in promotions or business dealings with third parties, these Terms and other policies applicable to the Fringe Rewards program no longer apply, and the terms and policies of the third party sites govern. It is Participant’s responsibility to determine when Participant is accessing Third Party Content. Participant acknowledges and agrees Pivot Point is not responsible or liable in any manner for Third Party Content.