Program Terms

EVOLUX^® PROGRAM TERMS AND CONDITIONS

Effective Date: January 1, 2026

Last Updated: December 30, 2025

1. DEFINITIONS. In these Terms and Conditions (the “Terms”):

“App” means the Evolus Practice mobile application or My Evolus Portal.

“Customer” or “You” means an entity or individual eligible to purchase Products that has accepted these Terms.

“Evolux” means the Evolux^® program offered by Evolus and described in these Terms.

“Evolus” means Evolus, Inc.

“H1” means the first semi-annual period from January 1 through June 30.

“H2” means the second semi-annual period from July 1 through December 31.

“Products” means any eligible products offered for sale by Evolus.

“Qualifying Purchase”means a purchase of Products directly from Evolus (or an authorized distributor agreed to in writing by Evolus) that counts towards benefit accrual in Evolux.

“Quarter” means a calendar quarter (Q1: January 1 - March 31; Q2: April 1 - June 30; Q3: July 1 -September 30; Q4: October 1 - December 31).

“Semi-Annual Period” means either H1 or H2.

2. AGREEMENT TO TERMS

2.1 Binding Agreement. These Terms constitute a binding legal agreement between you and Evolus governing your participation in Evolux.

2.2 Methods of Acceptance. You accept and agree to be bound by these Terms by: (a) clicking “I Accept,” “I Agree,” or a similar button or link in connection with these Terms; (b) checking a box indicating acceptance of these Terms; (c) creating or accessing your Customer after these Terms have been made available to you; (d) placing an order forProducts in connection with Evolux; or (e) registering for or participating in Evolux in any manner.

2.3 Amendment of Terms. Evolus may amend these Terms from time to time without advance notice. Evolus will post any amended Terms at https://www.evolus.com/program-terms.  Any amendment may apply to accrued, unredeemed benefits, unless Evolus expressly states otherwise.

2.4 Acceptance of Modifications. By continuing to participate in Evolux after Evolus posts amended Terms, you accept all such amendments.

2.5 Superseding Effect. As of the Effective Date, these Terms supersede all previous healthcare professional reward programs and Evolux terms applicable to the Products.

3. Evolux OVERVIEW & ELIGIBILITY

3.1 Evolux Description. Evolus owns and operates Evolux to provide certain benefits including discounts, rebates and other benefits to eligible Customers based on their volume of Qualifying Purchases of Products.

3.2 Eligible Customers. Only Customers which (a) have a properly licensed U.S. healthcare provider responsible for purchasing, oversight, supervision, and administration of Products and (b) who makes Qualifying Purchases may participate in Evolux.

3.3 Determining Qualifying Purchases and Benefit Eligibility. Qualifying Purchases are calculated net of returns and replacements. The timing of Qualifying Purchases is based on the date of invoice for the Products, not the date of delivery or payment. All determinations, calculations, and interpretations made by Evolus under Evolux, including tier status, points, rebates, and eligibility, are final and binding.

3.4 Excluded Purchases. The following purchases do not count as Qualifying Purchases: (a) promotional units of Products provided by Evolus free of charge; (b) training samples or other samples; and (c) reward vials earned through the Evolus Rewards consumer loyalty program.

3.5 Other Promotions. Evolus may offer additional promotions from time to time that include discounts, rebates, incentives, bonuses or enhanced benefits (including increased point accrual or similar incentives). Any promotion is governed by its own terms. Unless Evolus expressly states otherwise in writing, these Terms control in the event of any inconsistency between Evolux and the promotion with respect to eligibility, calculations, compliance, or redemption of Evolux benefits.

3.6 Customer Consolidation. Multiple Customers may combine purchases for Evolux qualification if: (a) the Customers share a common tax identification number; (b) the Customers legitimately conduct business as a single entity; and (c) Evolus approves the consolidation in writing.

3.7 Access to Information. You may access your Evolux status and ordering information through: (a) the App; (b) your assigned sales representative, if applicable; or (c) live chat or phone support on Evolus.com.

3.8 National Accounts. A “National Account” means a Customer or group of Customers that participates in Evolux under a national, enterprise, or similar arrangement designated by Evolus. Certain benefits, redemption methods, or program features may differ for National Accounts, as described in these Terms or in applicable contracts or program materials. Evolus may determine eligibility and applicable benefits for National Accounts in its discretion.

4. PRODUCT PRICING TIERS (QUARTERLY QUALIFICATION)

4.1 Tier Structure/Qualification. Evolux consists of the volume-based pricing tiers in the tables below and your tier is determined by the total number of Qualifying Purchases within a Quarter.

4.2 Instant Tier Upgrades. If your current order, combined with previous Qualifying Purchases in that Quarter, reaches the threshold for a higher tier: (a) you will immediately upgrade to that higher tier; (b) the savings discount for that higher tier will apply to the current order; and (c) the higher tier and associated savings discount will remain in effect for the remainder of that Quarter and the following Quarter.

4.3 Evolus Rewards Earning. You may participate in the Evolus Rewards consumer loyalty program, a separate consumer-facing program with its own terms at https://www.evolus.com/terms-and-conditions-practice-rewards. The rate at which you may earn Evolus Rewards benefits (including any check-ins or reward units per Product) is determined by Evolus and may change from time to time. The current earning rate applicable to your account will be reflected in your account or the App. Evolus Rewards benefits are separate from Evolux benefits, do not count as Qualifying Purchases, and may be modified or discontinued by Evolus at any time.

5. PORTFOLIO STATUS AND CO-BRANDED BENEFITS (SEMI-ANNUAL QUALIFICATION)

5.1 Portfolio Status Tiers. Evolux includes the portfolio statuses and benefits in the table below. The descriptions of benefits in the table are for reference only. The specific content, scope, format, timing, and availability of any benefit are determined by Evolus in its discretion and may vary based on availability, platform requirements, and applicable laws and regulations.

5.2 Portfolio Status Calculation. Portfolio status is based on points calculated as follows:

5.3 Semi-Annual Calculation. Evolus will calculate your portfolio status based on the cumulative points you earn during each Semi-Annual Period.

• (a) Two(2) points for each a Qualifying Purchase of a vial of Jeuveau; and
• (b) One(1) point for each a Qualifying Purchase of a syringe of Evolysse.

5.4 Status Reset. Your portfolio status will reset on the last day of each Semi-Annual Period at 11:59 PM Pacific Time.

5.5 Redemption Periods for Diamond and Elite Co-BrandedMarketing Benefits.

• (a) H1 Benefits: Benefits earned in H1 are available for redemption from July 1 through September 30 of the current year.
• (b) H2 Benefits: Benefits earned in H2 are available for redemption from January 1 through March 31 of the immediately following year.

5.6 Elite+ Early Co-Branded Marketing Benefit Redemption. Elite+ status members receive exclusive early access to benefits. Your benefits become available immediately upon reaching Elite+ status (rather than waiting until the following quarter) and remain available through the end of the quarter following that Semi-Annual Period. For example, if you reach Elite+ status on January 15, your co-branded marketing benefits are available immediately through September 30 of that year.

5.7 Redeeming Benefits (Evolus Boutique)

• (a) Evolus Boutique. Evolus Boutique is a digital storefront made available through the App and operated by Evolus that allows eligible users to redeem, manage, and review benefits earned through the Evolux program.
• (b) Eligibility and Access. Access to Evolus Boutique is limited to users who are eligible to participate in the Evolux program and who maintain an active account. Certain accounts, including National Accounts, may not have direct access to Evolus Boutique. For those accounts, Evolux benefits may be redeemed through a service administered by Evolus, subject to these Terms and applicable program rules. Evolus may determine eligibility for access, applicable redemption methods, and may modify, restrict, or discontinue access to Evolus Boutique at any time.
• (c) Redemption of Evolux Benefits. Evolux benefits made available through Evolus Boutique may be redeemed only through Evolus Boutique and only in accordance with these Terms and applicable program rules. Selection of a benefit does not guarantee availability or approval of that benefit. Benefits are subject to availability, expiration, and any additional conditions specified by Evolus. Evolus may modify, substitute, limit, or discontinue any benefit offering at its discretion.
• (d) Availability and Change. Evolus does not guarantee that Evolus Boutique will be available at all times or without interruption. Evolus may modify, update, suspend, or discontinue Evolus Boutique, or any aspect of its functionality or offerings, at any time, to the extent permitted by law.

5.8 Co-Branded Marketing Terms and Requirements. These terms apply to all co-branded marketing benefits.

• (a) Deployment and presentation. Evolus may deploy benefits on digital or physical advertising platforms on your practice’s behalf. All co-branded advertising must present Evolus or the Products and your practice in a balanced manner and will allocate approximately 50% of the advertising asset to Evolus content, with the remainder allocated to Customer content. You may select from templates pre-approved by Evolus.
• (b) Editorial control and compliance. Evolus may modify or edit any co-branded advertising to comply with FDA requirements and applicable laws and regulations and to protect Evolus’ reputation and intellectual property rights.
• (c) Intellectual property. You grant Evolus a worldwide, royalty-free, perpetual, irrevocable license to use, display, modify, reproduce, and distribute any trademarks, logos, images, or other intellectual property that you provide for or that appears in any co-branded advertising. All co-branded advertising, including content generated from any Evolus photo or video shoot, remains the property of Evolus.
• (d) Marketing parameters and limitations. Co-branded marketing benefits are subject to the availability of applicable advertising platforms, inventory, placement, and timing, and to applicable federal, state, and local laws and regulations. The value, placement, visibility, and effectiveness of any co-branded marketing benefit may vary based on the advertising medium, market, and other factors. Evolus does not guarantee any specific performance, reach, audience engagement, market impact, or business results from any co-branded marketing benefit. Evolus does not grant any territorial, market, or practice-level exclusivity for marketing benefits and overlapping campaigns may occur for all or a portion of a marketing campaign.

5.9 Additional Benefits. Evolus may, from time to time, add additional benefits to Evolux on a temporary or permanent basis. Evolus may update benefits in subsequent offers made to you or in an updated version of these Terms.

5.10 Expiration. Any benefits that are not redeemed by the end of the applicable redemption period will expire and have no value thereafter.

6. GROWTH REBATE (SEMI-ANNUAL QUALIFICATION)

6.1 Rebate Calculation. If your Qualifying Purchases in a Semi-Annual Period increase by the amounts shown in the table below compared to the same Semi-Annual Period in the prior year, you earn the corresponding rebate. Incremental growth is measured in the dollar value of Qualifying Purchases, not units, and is based on the actual invoiced prices for the Products.

6.2 Eligibility Requirements. To qualify for are bate, you must, as of the end of the applicable Semi-Annual Period (June 30for H1 and December 31 for H2), be in good financial standing with Evolus, including being current on all outstanding invoices. Any failure to meet this requirement disqualifies you from the rebate for that Semi-Annual Period.

6.3 Verification. Evolus may require Customer purchase data verification before issuing any rebate.

6.4 National Account Exclusion. National Accounts are not eligible for the growth rebate.

6.5 Right of Offset. Evolus may apply any rebate amount against any overdue invoice, in Evolus’ discretion and without notice. If the total amount of overdue invoices equals or exceeds the rebate amount, Evolus will not issue any rebate payment, and you remain responsible for any remaining unpaid balance.

6.6 Payment Timing/Delivery. Evolus will pay rebates within thirty (30) days following the end of the applicable Semi-AnnualPeriod. If you have no overdue balances: (a) Evolus will issue the rebate as a credit to your account; or (b) if you request a check reimbursement by contacting Evolus’ Accounts Receivable department, Evolus will issue the rebate by check.

7. EVOLUX PROGRAM RULES AND LIMITATIONS

7.1 Product Resale Prohibition. You may not resell Products to other healthcare professionals without Evolus’ prior written consent.

7.2 Non-Transferability/No Cash Value. Any rewards, savings, discounts, rebate or benefits under Evolux: (a) are not transferable to any other party; (b) are not redeemable for cash (except in the case of cash rebates); (c) may not be assigned for any reason; and (d) may not be sold, traded, bartered, auctioned, or otherwise transferred.

7.3 Voidable Benefits. Any reward, savings, discount, rebate, or benefit under Evolux will be void if obtained fraudulently, if a Customer’s account is past due; or where prohibited or restricted by law. Evolus may confiscate and cancel any Evolux benefit that you attempt to transfer in violation of the Terms.

7.4 Compliance Requirement. You must comply with all applicable federal, state, and local laws and regulations in connection with your participation in Evolux.

8. TERMINATION AND MODIFICATION

8.1 Termination for Non-Compliance. If you fail to comply with these Terms or any other agreements you have with Evolus, Evolus may immediately terminate your access to and participation in Evolux and cancel all benefits you have accrued, without notice. Termination may occur to protect Evolus, ensure compliance, or address misuse of Evolux.

8.2 Evolus’ Right to Modify or Discontinue. Evolus may modify or discontinue Evolux, in whole or in part, temporarily or permanently, for any reason, at any time, without advance notice. Discontinuation of Evolux does not require Evolus to provide, honor, or substitute any accrued but unredeemed benefits, unless Evolus expressly states otherwise.

8.3 No Liability. You agree that Evolus will not be liable to you or any third party for any modification or discontinuance of Evolux or any benefit.

9. PRIVACY/USE OF INFORMATION

9.1 Collection and Use. Evolus will use the information you provide in connection with Evolux: (a) to administer Evolux; (b) to provide you with information about Evolux; (c) for internal purposes; (d) to understand your needs and improve the App and other of Evolus’ applications, Products, treatments, and services; and (e) to send you information via any electronic or physical method about Evolus and its Products, treatments, services, special offers, or other opportunities from Evolus and its business partners that maybe of interest to you.

9.2 Consent to Data Use. By participating in Evolux, you consent to Evolus’ collection, sharing, and use of any information about you in accordance with (a) these Terms, (b) Evolus’ Privacy Policy (available at https://www.evolus.com/privacy-policy and (c) Evolus’ Terms and Conditions (available at https://www.evolus.com/terms-and-conditions) .

10. IMPORTANT LIMITATIONS ON LIABILITY & WARRANTY DISCLAIMERS

10.1 WARRANTY DISCLAIMER. Evolus provides Evolux “AS IS” and “AS AVAILABLE.” Evolus expressly disclaims all warranties and representations of any kind with regard to Evolux, including any warranty of non-infringement, title, fitness for a particular purpose, functionality, or merchantability, and any implied, express, or statutory warranty.

10.2 NO LIABILITY FOR EVOLUX ADMINISTRATION. Evolus and its affiliates and their respective representatives, agents, directors, officers, shareholders, and employees (collectively, the “Evolus Entities”) are not responsible for and will not be liable for: (a) telephone, electronic, hardware or software program, network, Internet, computer, or other malfunctions, failures, or difficulties of any kind, whether human or technical; (b) failed, incomplete, garbled, or delayed computer transmissions; (c) any condition caused by events beyond Evolus’ control; (d) any injuries, losses, or damages of any kind arising in connection with or as a result of a benefit, or acceptance, delivery, failure to timely deliver, possession, or use of a benefit, or from participation in Evolux; (e) any tax liabilities associated with participation in Evolux; or (f) any printing or typographical errors in any materials associated with Evolux.

10.3 NO CONSEQUENTIAL DAMAGES. In no event will Evolus Entities be liable for any damages of any kind or nature, including direct, indirect, incidental, consequential, exemplary, special (including loss of profit), or punitive damages arising from or in connection with the existence or use of the App or Evolus.com, or any dispute related to Evolux, regardless of whether any of Evolus Entities has been advised of the possibility of such damages.

10.4 YOUR RESPONSIBILITY AND INDEMNIFICATION. You accept all responsibility for and hereby indemnify and hold harmless Evolus Entities from and against any actions taken by any person who accesses or uses your account, whether authorized or not, including any actions related to accrual of benefits, redemption of benefits, and disclosure of passwords to third parties.

11. GENERAL PROVISIONS

11.1 Intellectual Property Rights. All content, product names, logos, and service marks on the App and Evolus.com (collectively, “Evolus IP”) are owned by or licensed to Evolus and are protected by copyright, trademark, and other intellectual property laws. You may not use any Evolus IP without Evolus’ express written permission. Nothing in these Terms grants you any license or right under any Evolus IP.

11.2 Dispute Resolution

• (a) Governing Law. These Terms are governed by the laws of the State of California, without giving effect to its conflict of laws principles.
• (b) Jurisdiction and Venue. Evolus and Customer consent to the exclusive jurisdiction of the federal and state courts located in Orange County, California and waives any objection to venue or inconvenient forum in those courts.

11.3 Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. If any provision is found to be invalid or unenforceable, these Terms will be construed as if the invalid or unenforceable provision were not contained in them.

11.4 Waiver. Evolus’ failure to enforce any provision of these Terms does not waive that provision or any other provision, or Evolus’ right to enforce any provision on a subsequent occasion.

11.5 Entire Agreement. These Terms constitute the entire agreement between you and Evolus regarding Evolux and supersede all prior agreements and understandings related to Evolux.

PRODUCT INFORMATION

Jeuveau Prescribing Information. For Jeuveau full Prescribing Information including BOXED WARNING and Medication Guide, please visit EvolusRx.com.

Evolysse Directions for Use. For Evolysse Form and Smooth Directions for Use and Patient Labeling, please visit EvolusRx.com.

COPYRIGHT AND TRADEMARK NOTICE

©2025 Evolus, Inc., all rights reserved. Jeuveau, Evolux, and Evolysse are trademarks of Evolus, Inc. All other trademarks are the property of their respective owners.

Schedule 1 – Evolux Benefit Descriptions

Document ID: US-UNB-2500454