Program Terms and Conditions
Effective January 1 – December 31, 2021
Updated May 1, 2021
Program Rules and Eligibility
Evolux® (the “Program” or “Evolux®”), is a program owned and operated by Evolus, Inc. (“Evolus,” “we,” “us” or “our”) is available and provided to you (“account,” “you” or “user”) under the terms and conditions set forth herein, including any amendments thereto and with any additional terms and conditions, rules or policies that may be applicable to particular offerings made in connection with the Program (collectively, the “Terms and Conditions”) and all applicable laws and regulations. The Program applies to eligible purchases of Jeuveau® (prabotulinumtoxinA-xvfs) injection. Eligibility for the Program is determined by product purchases, less any returns (“vial threshold”). Timing and amount of purchase credit is determined by date of order. Only products purchased from Evolus through its authorized distributor(s) will count toward the Program, including Program discounts. Subject to approval by Evolus, multiple accounts may combine purchases for Program qualification purposes if the accounts share a common tax ID number and legitimately conduct business as a single entity. Your failure to follow the Program’s Terms and Conditions or rules, whether set forth below or in supplemental notices posted at various points in the Program, may result in termination of your access and participation in the Program and all benefits you have accrued in the Program, without notice, in addition to Evolus’ other remedies. This Program supersedes and replaces all other healthcare professional reward programs applicable to Jeuveau®, and these Terms and Conditions supersede all previous reward program rules and/or terms and conditions applicable to Jeuveau®. These Terms and Conditions may be modified by Evolus from time to time, without advanced notice. Any such changes shall be reflected in an updated version of the Terms and Conditions posted at https://www.evolus.com/program-terms/. BY PARTICIPATING IN THE PROGRAM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS. You agree that Evolus will not be liable to you or any third party for any modification or discontinuance of the Program, in whole or in part. All references in these Terms and Conditions to a “quarter” shall mean a calendar quarter.
Evolux® consists of 7 levels based on the number of vials purchased per quarter, as described in the table below. Your level, corresponding savings discount, and co-branded media credit for a calendar quarter will be determined based on the cumulative number of qualifying Jeuveau® vials that you purchased during the previous calendar quarter. Provided that, cumulative purchases made from January 1, 2021-April 30, 2021 define your Evolux® status and associated benefits for May and June 2021. Cumulative purchases made in Q2 (April 1, 2021-June 30,2021) define your Evolux® status and associated price for Q3 (July 1-September 30, 2021)
Promotional vials of Jeuveau® provided by Evolus free of charge, samples, or reward vials earned through Evolus Rewards (patient loyalty program) are not considered “qualifying purchases” for purposes of the Program.
Your level and corresponding savings discount are eligible for an instant upgrade at the time of order if the qualifying order size, combined with pervious qualifying purchases in that quarter, reaches the vial threshold for that level. The highest level achieved, and the associated savings discount will be applied for the rest of that quarter and the following quarter.
Beginning April 1, 2021, qualifying purchases of Jeuveau® are eligible for benefits based on your Program level as provided in the table below. Benefits after December 31, 2021 may be updated in subsequent offers made to you or in an update to these Terms and Conditions.
|Savings Discount||Savings/vial (off list price – $610 as of 4/1/21)||$35
|Co-branded Media*+||Hyperlocal, co-branded advertising paid for by Evolus to amplify your practice brand awareness.||$1,500
|Co-Branded Media Channels||Channels for Co-Branded Media*+and associated benefits||Social Media||Socail Media
Evolux® Campaign Consultant†
Evolux® Campaign Consultant†
*The benefits described above are awarded and exercisable in the quarter following the quarter in which they are earned based upon cumulative qualifying purchases of Jeuveau® vials in the prior quarter. For example, if Co-Branded Media is earned in Q1 2021, it is awarded at the beginning of Q2 2021 and must be used prior to the end of Q2 2021.
+ If the Customer meets the vial threshold noted above, Customer is eligible to receive the corresponding co-branded marketing dollars. For example, if Customer purchases 180 vials in the quarter, Customer is eligible to receive up to $6,000 in marketing dollars. These co-branded marketing dollars will be spent by Evolus on digital advertising on Facebook and Instagram on behalf of the qualifying practice. Co-branded advertising will reference both the Product and the Customer’s practice, and the customer will have the opportunity to choose from templates pre-approved by Evolus. Company reserves the right to modify and edit all co-branded advertising for purposes of complying with FDA requirements and applicable laws and regulations, and to protect the Company’s intellectual property rights.
† Campaign consultant provides pre-assessment, ongoing support and end of campaign services to accounts by phone and e-mail. Value is equal to the amount of time a Customer utilizes the campaign consultant.
**Elite+ includes the ability to receive co-branded media in the form of Billboard advertisements. Billboard advertisements are subject to availability and local regulations and the value of such advertisements will depend on the location of the billboard.
These benefits and/or associated threshold required for each level can be changed at any time and without notice at the sole discretion of Evolus.
Beginning January 1, 2021, in addition to the benefits described in the above table, accounts that complete their first qualifying purchase of six or more vials of Jeuveau® are eligible for the benefits outlined in the table below.
|Evolus.com Profile||Your enhanced evolus.com profile helps improve online visibility and may help generate leads, including the ability for patients to request an appointment.|
|LVBX Social Manager**||Create, post, and schedule Evolus content on Facebook, Instagram, LinkedIn, and Twitter. Receive a performance report of your Evolus-related activity, highlighting what to post, when to post, and what performs best.|
|LVBX Display Manager#||Stream engaging Evolus content directly to your waiting room TV with one simple device.|
**LVBX Social Manager enables customized lifestyle content for social media management. The fair market value of the LVBX Social Manager is $375.00.
# The LVBX Display Manager is a fully customizable, updateable video-marketing system for reception areas, utilizing patent pending technology. This video programming connects directly to the back of your television. Production is easily updated through producer software that allows for instant updating of video programming. The fair market value of the LVBX Display Manager is $1,100.00.
These benefits and/or associated threshold required can be changed at any time and without notice at the sole discretion of Evolus.
Your Program status and ordering information can be accessed through the Evolus Practice mobile application, an assigned sales representative, if applicable, and via live chat or phone on Evolus.com.
This Program is limited to licensed U.S. healthcare providers who purchase Jeuveau® from Evolus through its authorized distributor(s). You may not resell product to other healthcare professionals without the prior, written consent of Evolus. Any rewards, savings, discounts, rebates or benefits under this Program may not be transferred to any other party. Evolus reserves the right to limit purchase quantities. Void where prohibited or restricted by law.
Benefits described in the program are not redeemable for cash, transferable or assignable for any reason, and cannot be sold, traded, bartered, auctioned through an online auction site or otherwise; any such Program benefits may be confiscated by Evolus and/or cancelled.
Reservation of Rights
The Program and its benefits are offered at Evolus’s discretion, and Evolus has the right to modify or discontinue, temporarily or permanently, the Program, in whole or in part, for any reason, at our sole discretion. You agree that Evolus will not be liable to you or any third party for any modification or discontinuance of the Program or other any offered, in whole or in part.
Use of Your Information and Personal Information
THE INFORMATION YOU PROVIDE IN CONNECTION WITH THE PROGRAM WILL BE USED BY EVOLUS FOR THE ADMINISTRATION OF THE PROGRAM AND TO PROVIDE YOU INFORMATION ABOUT THE PROGRAM. EVOLUS MAY ALSO USE ANY INFORMATION YOU PROVIDE FOR OUR INTERNAL PURPOSES; TO BETTER UNDERSTAND YOUR NEEDS AND HOW TO IMPROVE OUR APP, PRODUCTS, TREATMENTS, AND SERVICES; AND TO SEND YOU INFORMATION ABOUT EVOLUS AND ITS PRODUCTS, TREATMENTS, SERVICES, AND SPECIAL OFFERS OR OTHER OPPORTUNITIES FROM EVOLUS AND OUR BUSINESS PARTNERS THAT MAY BE OF INTEREST.
EVOLUS UNDERSTANDS PROTECTING YOUR PERSONAL INFORMATION (SUCH AS NAME, ADDRESS, TELEPHONE NUMBER, EMAIL ADDRESS, AND OTHER PERSONAL INFORMATION) IS VERY IMPORTANT. EVOLUS DOES NOT SHARE ANY PERSONAL INFORMATION YOU GIVE US WITH THIRD PARTIES FOR THEIR OWN MARKETING USE.
BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO EVOLUS SHARING YOUR INFORMATION, INCLUDING YOUR PERSONAL INFORMATION, WITH THIRD PARTIES INCLUDING EVOLUS’ AFFILIATES AND VENDORS. EVOLUS MAY ALSO COMBINE YOUR PERSONAL INFORMATION WITH INFORMATION FROM THIRD PARTIES TO BETTER MATCH SPECIAL OFFERS WITH YOUR INTERESTS. IF YOU DO NOT WISH EVOLUS TO USE OR SHARE YOUR INFORMATION OR SEND INFORMATION TO YOU ABOUT THE PROGRAM AND EVOLUS AND ITS PRODUCTS, TREATMENTS, SERVICES, AND SPECIAL OFFERS YOU SHOULD NOT PARTICIPATE IN THE PROGRAM. BY PARTICIPATING IN THE PROGRAM, YOU AGREE WE MAY COLLECT, SHARE AND USE ANY INFORMATION ABOUT YOU THAT YOU PROVIDE TO US IN ACCORDANCE WITH THESE TERMS & CONDITIONS.
Limitation of Liability; Release
Evolus and its affiliates and their respective representatives, agents, directors, officers, shareholders, and employees (“Evolus Entities”) are not responsible for and shall not be liable for: (i) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (ii) failed, incomplete, garbled, or delayed computer transmissions; (iii) any condition caused by events beyond our control; (iv) any injuries, losses, or damages of any kind arising in connection with or as a result of a benefit or acceptance, delivery or failure to timely deliver, possession, or use of a benefit, or from participation in the Program; or (v) any printing or typographical errors in any materials associated with the Program. Further, in no event shall the Evolus Entities be liable for any damages of any kind or nature, including but not limited to, direct, indirect, incidental, consequential, exemplary, special (including loss or profit), punitive, or other damages arising from or in connection with the existence or use of the Evolus Practice mobile application or Evolus.com or any such dispute, regardless of whether any of the Evolus Entities has been advised as to the possibility of such damages. You accept all responsibility for, and hereby indemnify and hold harmless the Evolus Entities from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of benefits, redemption of benefits, and disclosure of passwords to third parties.
You should assume that all contents of the Evolus Practice mobile application and Evolus.com are copyrighted unless otherwise noted and may not be used except as provided herein and without our express written permission. Except as expressly provided herein, nothing contained herein shall be construed as conferring any license or right under any Evolus copyright. All product names, logos, and service marks displayed on this site that are identified by ™ or ® or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are registered or unregistered trademarks owned by or licensed to Evolus or our affiliates, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of Evolus or any third party. No use of any Trademark may be made without our prior written authorization.
Governing Law & Disputes
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law principles. All applicable federal, state, and local laws and regulations apply. The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
For Jeuveau® full Prescribing Information including BOXED WARNING, and Medication Guide, visit evolus.com.
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