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TERMS AND CONDITIONS FOR THE
e-cono+ LOYALTY PROGRAM

Last Updated: October 21, 2019

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Membership

The e-cono+ Loyalty Program (the "Program") is offered by e-conolight LLC (the "Company") to contractors making online product purchases at: https://www.e-conolight.com/(the "Website"). The Company will extend certain discounts as described in more detail below, and may extend additional offers from time to time. These terms and conditions (these "Terms and Conditions") form the agreement (the "Agreement") between you ("Loyalty Member" or "you") and the Company with respect to the Program. When participating in the Program or accessing the Website, you are also subject to the Website's terms of use, a copy of which are located on the Website. To the extent there are conflicts between this Agreement and any Website terms of use, this Agreement will control.

Loyalty Members' Acceptance of Terms

By participating in the Program, Loyalty Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including these Terms and Conditions and the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., nonclass action) basis. Each Loyalty Member is responsible for remaining knowledgeable about the Program Terms and Conditions. The Company reserves the right to disqualify Loyalty Members who have violated any of the Program Terms and Conditions.

The Company's Right to Change/Cancel Program and/or Terms

The Company may, at its discretion, alter, limit or modify the Program structure or any other feature of the Program. The Company reserves the right to exclude certain products from any discounts offered generally to Loyalty Members. The Company reserves the right to change or modify these Terms and Conditions or terminate the Program at any time, for any reason, without prior notice. The Company will post any additional Program details, updates and changes to the Program (including these Terms and Conditions) here and then update the "Last Updated" date above. The Company may also email you about any such changes. Your continued participation in the Program will confirm your acceptance of such changes.

Membership Eligibility

The Program is open to U.S. residents at least 18 years of age within the 50 United States and District of Columbia. It is free to join as a Loyalty Member (no initial purchase is required to do so). Membership is limited to contractors and other individuals and entities who are purchasing e-conolight products for resale or installing the e-conolight products in other construction or retrofit projects owned or managed by third parties.

Membership Enrollment

Eligible applicants must have an existing account with the Company or must create an account with the Company by clicking on the ‘Sign In’ tab at the top of the Website. To complete the enrollment process, all applicants will be required to provide complete and accurate enrollment information and confirm acceptance of these Terms and Conditions by selecting the checkbox stating that they agree to these Terms and Conditions at the time of signup. Notwithstanding these requirements, any participation in the Program will constitute agreement to these Terms and Conditions. The Company reserves the right to refuse membership to any applicant who does not follow the enrollment procedures. The Company may choose to offer sign-up incentives and enrollment promotions from time to time. Loyalty Members should promptly advise the Company of any changes to their Loyalty Account information, such as name, address, telephone number(s) and/or email address, by signing into their account and updating their Loyalty Member account information. Loyalty Members may opt out of the Loyalty Program at any time by signing into their account and selecting to opt out of the Loyalty Program.

Program Communications

Unless Loyalty Member has opted out of receiving marketing communications, the Company and its affiliates will communicate with Loyalty Members about marketing via mail, email, and other channels, including about special Loyalty Member promotions, offers and more. The Company will also use these channels to notify Loyalty Member when they are eligible for a reward, communicate Program changes, and provide other information at the Company's discretion. Please note that even if you opt out of receiving marketing or promotional communications, the Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

Data Privacy

See e-conolight's Privacy Policy for information about the Company's privacy policy.

Receiving Discounts

Loyalty Members will receive a 10% discount on Eligible Purchases (defined below) and are eligible to participate in other special programs and promotional offers that may be announced by the Company or its third-party partners from time to time. Additional terms, requirements and details for receiving the discount follow.

  • Eligible Purchases: Purchases of products (after promotional offers have been applied, before taxes and shipping charges have been applied and minus returns, refunds or credit adjustments, rounded to the nearest dollar) made online through the Website and shipping to physical addresses (no P.O. Boxes) located in the U.S. ("Eligible Purchases").

    • As of the "Last Updated" date specified above, Loyalty Members will receive 10% off of Eligible Purchases at the Website so long as their account ("Account") is in Good Standing. "Good Standing" means (1) your Account is open to new charges and not over your credit limit, if applicable, (2) your Account is not more than 60 days past due or otherwise in default, (3) your credit or debit card is not flagged as lost, stolen, or fraudulent, and (4) your Account is not in a hardship or workout program.

  • Exclusions from Eligible Purchases: The 10% discount will not be awarded on purchases that appear unauthorized or fraudulent, or on the purchase of gift cards. The Company reserves the right to exclude certain products (e.g. overstock, doorbuster, clearance, or discontinued products, on-sale products, third-partybranded products, etc.) from the both the Program and the Program discount that would otherwise be available.

  • Email Address: A current, valid email address is required for a Loyalty Member to be able to participate and receive a discount in connection with the Program. Loyalty Member must notify the Company of any change of email address by updating their account information online.

  • Identification at Transaction: Loyalty Members must identify themselves with their applicable Loyalty Member account email address to receive credit for Eligible Purchases made through the Website. For online orders and transactions, Loyalty Members will be required to sign into their online account before checkout in order to receive the discount. For orders placed by telephone, Loyalty Members will be required to verify their Program account information in order to receive the discount.

  • Processing of Discounts: Once signed in as a Loyalty Member, discounts will be applied at the time of checkout.

  • Promotional Offers: Other special programs and promotional offers may be made to Loyalty Members by the Company, its agents, or third-party partners from time to time in the Company's sole discretion. Such offers will also be subject to the terms and conditions specified in the promotional offer and may be subject to change at the Company's sole discretion.

Returns

Merchandise returns must be made in accordance with the Company's return policy available at e-conolight Returns & Exchanges. Upon the return of an item authorized by the Company, the purchase price actually paid by the Loyalty Member will be applied to the Loyalty Member’s account less any applicable charges. Shipping charges are not refundable.

Program Benefits and Details

In addition to any other requirement and/or limitation that may be communicated to Loyalty Members at the time a benefit is offered, the following will apply:

  • Free Standard Shipping on orders over $400

  • Free standard shipping will apply to all orders over $400 shipping to any physical location in the 48 contiguous states in the U.S., only. For free shipping, Loyalty Members must be signed into their Loyalty Member account at the time of purchase. Offer cannot be applied to previous purchases and cannot be redeemed for cash. Free shipping will be automatically applied at checkout. See the Website for full shipping details and additional terms applicable for free shipping.

Right to Revoke

The Company reserves the right to revoke the membership of any Loyalty Member in the Program and/or revoke any or all benefits the Loyalty Member may be entitled to, if in the sole opinion of the Company, a Loyalty Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or engages in deception, forgery and/or fraud.

No Transfer

The Program benefits or Loyalty Member accounts may not be merged, transferred, purchased, sold, assigned, auctioned or traded, including by death or as part of a domestic relations matter. Doing so will void the Loyalty Member account. Any discounts, points, rewards and/or benefits extended have no cash value, are not exchangeable for cash and may not be used as payment of any outstanding obligation.

Taxes

Loyalty Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Loyalty Member's participation in the Program.

Governing Law

These Terms and Conditions, the relationship between you and the Company, and the Company's E-conolight Plus Loyalty Rewards Program, shall be governed by, construed and enforced in accordance with the laws of the State of Wisconsin, without giving effect to any conflict of law provisions.

Sales Terms and Conditions

All purchases of e-conolight products in connection with the Program are governed by the Company’s standard sales Terms and Conditions in effect on the date of the purchase a copy of which are located at e-conolight Terms and Conditions. Any terms and conditions of any purchase order or any other document that purport to add to or vary any of the terms and conditions of the Terms and Conditions are hereby expressly rejected and shall not be binding on Cree Lighting unless expressly agreed to in writing by the Company.

MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS.

ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY'S e-cono+ LOYALTY REWARDS PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN RACINE, WI. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, COMPANY AND LOYALTY MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND LOYALTY MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF LOYALTY MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF WISCONSIN. LOYALTY MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

Limitation on Damages

To the fullest extent permissible under applicable law, the Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Loyalty Members' participation in the Program. Except as otherwise prohibited by law, this damage limitation applies even if foreseeable or even if the Company has been advised of the possibility of such damages.

Intellectual Property

All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Company Intellectual Property") are owned by the Company and may be registered in the United States and/or internationally.

Questions

For all questions about the Program or your Loyalty Member account, please contact us at 888-243-9445 or e-conolight.com/contacts