Program Terms

Evolus Levels Program
Program Terms and Conditions
Effective January 1 – December 31, 2020
Updated May 15, 2020

NOTICE:
As a result of the novel coronavirus (COVID-19) outbreak, we have made changes to our Program effective as of May 15, 2020.

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 http://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™ Benefits
Evolux™ consists of 6 levels based on the number of vials purchased per quarter, as described in the table below.

From May 15, 2020 until December 31, 2020 all Evolux™ levels shall have the same advertised pricing.

If you made qualifying purchases during the first quarter of 2020, your level will be determined by your first quarter 2020 qualifying purchases. The level you attained in the first quarter will be maintained through December 31, 2020. The benefits of Social Manager and Elevated Ranking on evolus.com will be maintained through December 31, 2020.  All other benefits must be earned on a quarterly basis as set forth below, provided, however, that you may exercise any benefit earned in the first quarter of 2020 at any time prior to December 31, 2020 (including: Display Manager, Co-Branded Marketing and Practice Consulting).

You can qualify for a level or attain a higher level at any point throughout the year by making additional qualifying purchases of Jeuveau® vials in any subsequent quarter. 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. Beginning January 1, 2020, qualifying purchases of Jeuveau® are eligible for benefits based on your Program level as provided in the table below.

  

Evolux™ Levels

  

Member

0-11 Vials

Silver

12-29 Vials

Gold

30-59 Vials

Platinum

60-119 Vials

Diamond

120-179 Vials

Elite

180+ Vials

Benefit

Description 

      

Social Manager

One single easy-to-use platform designed for aesthetics in which to create/post/schedule Evolus content across social media channels (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. Social Manager will be available for use via a 12-month subscription. 

 

X

X

X

X

X

Elevated ranking on evolus.com

Your enhanced evolus.com profile helps improve online visibility and may help generate leads, including the ability for patients to request an appointment. Elevated ranking on evolus.com will be commensurate with your Evolux™ statusattained in the first quarter of 2020. If you attain a higher level at any point throughout the year, you will maintain this higher level through December 31, 2020. Your profile ranking will reflect the highest ranking achieved in 2020.

 

X

X

X

X

X

Display Manager#*

Stream engaging Evolus content directly to your waiting room TV with one simple device.

  

X

X

X

X

Co-branded Marketing+*

Hyperlocal, co-branded advertising paid for by Evolus to amplify your practice brand awareness against your target market. 

   

$1,500 per quarter

$3,000 per quarter

$6,000 per quarter

Practice Consulting* 

Practice consulting sessions to assess and optimize your growth strategies, with a focus on Evolus digital and in-office tools and content. Qualifying accounts will receive up to 90 minutes of remote (phone or webinar) consulting sessions per quarter by an Evolus 3rd party partner. 

   

X

X

X

*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, provided that any of these benefits earned in the first quarter of 2020 may be used in any quarter prior to December 31, 2020.  For example, if Co-Branded Marketing is earned in the second quarter of 2020 it must be used prior to the end of the third quarter of 2020.  If Co-Branded Marketing was earned in the first quarter of 2020, it may be used in any quarter prior to December 31, 2020.

# 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. LVBX Display Manager enables customized lifestyle content for one-click social media management. The fair market value of the LVBX Display Manager is $375.00. Eligible accounts can receive a maximum of one device per quarter.

+ 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.

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.

Program Status
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. 

Program Limitations
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.  Evolus reserves the right to modify, cancel, or amend this Program as permitted by applicable law. Void where prohibited or restricted by law.    

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.

Proprietary Rights
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.

IMPORTANT SAFETY INFORMATION FOR JEUVEAU® (prabotulinumtoxinA-xvfs)

WARNING: DISTANT SPREAD OF TOXIN EFFECT: The effects of all botulinum toxin products, including JEUVEAU, may spread from the area of injection to produce symptoms consistent with botulinum toxin effects. These symptoms have been reported hours to weeks after injection. Swallowing and breathing difficulties can be life threatening and there have been reports of death. JEUVEAU is not approved for the treatment of spasticity or any conditions other than glabellar lines.

CONTRAINDICATIONS
JEUVEAUis contraindicated in individuals with known hypersensitivity to any botulinum toxin preparation or to any of the components in the formulation, and in the presence of infection at the proposed injection site(s).

WARNINGS AND PRECAUTIONS
Spread of Toxin Effect

Postmarketing safety data from other approved botulinum toxins suggest that botulinum toxin effects may be observed beyond the site of local injection. The symptoms are consistent with the mechanism of action of botulinum toxin and may include asthenia, generalized muscle weakness, diplopia, ptosis, dysphagia, dysphonia, dysarthria, urinary incontinence, blurred vision and breathing difficulties. These symptoms have been reported hours to weeks after injection. Swallowing and breathing difficulties can be life threatening and there have been reports of death related to spread of toxin effects. In unapproved uses, including upper limb spasticity in children and approved indications, symptoms consistent with spread of toxin effect have been reported at doses comparable to or lower than the maximum recommended total dose. JEUVEAU is not approved for the treatment of spasticity or any conditions other than glabellar lines. Patients or caregivers should be advised to seek immediate medical care if swallowing, speech or respiratory difficulties occur.

Lack of Interchangeability between Botulinum Toxin Products
The potency Units of JEUVEAU are specific to the preparation and assay method utilized. They are not interchangeable with other preparations of botulinum toxin products and, therefore, units of biological activity of JEUVEAU cannot be compared to nor converted into units of any other botulinum toxin products assessed with any other specific assay method.

Serious Adverse Reactions with Unapproved Use
Serious adverse reactions, including excessive weakness, dysphagia, and aspiration pneumonia, with some adverse reactions associated with fatal outcomes, have been reported in patients who received botulinum toxin injections for unapproved uses. In these cases, the adverse reactions were not necessarily related to distant spread of toxin, but may have resulted from the administration of botulinum toxin products to the site of injection and/or adjacent structures. In several of the cases, patients had pre-existing dysphagia or other significant disabilities. There is insufficient information to identify factors associated with an increased risk for adverse reactions associated with the unapproved uses of botulinum toxin products.

Hypersensitivity Reactions
Serious and/or immediate hypersensitivity reactions have been reported for botulinum toxin products, including anaphylaxis, serum sickness, urticaria, soft-tissue edema, and dyspnea. If such reactions occur with JEUVEAU, discontinue use of JEUVEAUand immediately institute appropriate medical therapy.

Cardiovascular System
There have been reports following administration of botulinum toxins of adverse events involving the cardiovascular system, including arrhythmia and myocardial infarction, some with fatal outcomes. Some of these patients had risk factors including pre-existing cardiovascular disease. Use caution when administering to patients with pre-existing cardiovascular disease.

Increased Risk of Clinically Significant Effects with Pre-existing Neuromuscular Disorders
Individuals with peripheral motor neuropathic diseases, amyotrophic lateral sclerosis, or neuromuscular junction disorders (e.g., myasthenia gravis or Lambert-Eaton syndrome) were excluded from the JEUVEAU clinical studies.  Patients with neuromuscular disorders may be at increased risk of clinically significant effects, including generalized muscle weakness, diplopia, ptosis, dysphonia, dysarthria, severe dysphagia and respiratory compromise from typical doses of JEUVEAU.

Dysphagia and Breathing Difficulties
Treatment with botulinum toxin products, including JEUVEAU, can result in swallowing or breathing difficulties. Patients with pre-existing swallowing or breathing difficulties may be more susceptible to these complications. In most cases, this is a consequence of weakening of muscles in the area of injection that are involved in breathing or oropharyngeal muscles that control swallowing or breathing.

Deaths as a complication of severe dysphagia have been reported after treatment with botulinum toxin. Dysphagia may persist for several months, and require use of a feeding tube to maintain adequate nutrition and hydration. Aspiration may result from severe dysphagia and is a particular risk when treating patients in whom swallowing or respiratory function is already compromised.

Patients treated with botulinum toxin products, including JEUVEAU, may require immediate medical attention should they develop problems with swallowing, speech or breathing.

Pre-existing Conditions at the Injection Site
Caution should be used when JEUVEAU is used in the presence of inflammation at the proposed injection site(s) or when excessive weakness or atrophy is present in the target muscle(s). Caution should be used when JEUVEAU treatment is used in patients who have marked facial asymmetry, ptosis, excessive dermatochalasis, deep dermal scarring, thick sebaceous skin or when subjects do not respond to 20 Units of botulinum toxin (e.g. the inability to substantially lessen glabellar lines even by physically spreading them apart). Do not exceed the recommended dosage and frequency of administration of JEUVEAU.

Ophthalmic Adverse Reactions in Patients Treated with Botulinum Toxin Products
Dry eye has been reported with the use of botulinum toxin products in the treatment of glabellar lines. Reduced tear production, reduced blinking, and corneal disorders, may occur with use of botulinum toxins, including JEUVEAU. If symptoms of dry eye (e.g., eye irritation, photophobia, or visual changes) persist, consider referring patient to an ophthalmologist.

Human Albumin and Transmission of Viral Diseases
JEUVEAU contains albumin, a derivative of human blood. Based on effective donor screening and product manufacturing processes, it carries an extremely remote risk for transmission of viral diseases. A theoretical risk for transmission of Creutzfeldt-Jakob disease (CJD) is also considered extremely remote. No cases of transmission of viral diseases or CJD have ever been reported for albumin.

ADVERSE REACTIONS
The most frequently reported adverse reactions (≥ 1% and placebo) following injection of JEUVEAU were headache (12%), eyelid ptosis (2%), upper respiratory tract infection (3%), and white blood cell count increase (1%).

DRUG INTERACTIONS
No formal drug interaction studies have been conducted with JEUVEAU. The potential for certain drugs to potentiate the effects of JEUVEAU warrant consideration given the potential risks involved and should be used with caution, including: aminoglycosides or other agents interfering with neuromuscular transmission, anticholinergic drugs, botulinum neurotoxin products, and muscle relaxants.

USE IN SPECIFIC POPULATIONS
The limited available data on JEUVEAU use in pregnant women are insufficient to inform a drug associated risk of adverse developmental outcomes.

There are no data on the presence of JEUVEAU in human or animal milk, its effects on the breastfed infant, or its effects on milk production.

Safety and effectiveness in pediatric patients have not been established.

INDICATION
JEUVEAU is an acetylcholine release inhibitor and a neuromuscular blocking agent indicated for the temporary improvement in the appearance of moderate to severe glabellar lines associated with corrugator and/or procerus muscle activity in adult patients.

Please note that this information is not comprehensive. For more information about JEUVEAU, see the full Prescribing Information including BOXED WARNING, and Medication Guide, visit evolus.com. 

To report side effects associated with use of JEUVEAU, please call 1-877-EVOLUS1/1-877-386-5871. You are encouraged to report side effects of prescription drugs to FDA. Visit www.fda.gov/medwatch or call 1-800-FDA-1088.

Exclusively licensed and manufactured for: Evolus, Inc., 520 Newport Center Drive, Suite 1200, Newport Beach, CA 92660

©2020 Evolus, Inc. All rights reserved. All trademarks are the property of their respective owners.

PDCR 2020-05-037

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