Terms and Conditions

Healthcare Professional Participation in Evolus Rewards Consumer Loyalty Program

Effective Date: May 1, 2021

The Evolus Rewards Consumer Loyalty Program (the “Program”), owned and operated by Evolus, Inc. (“Evolus,” “we,” “us” or “our”) is made available to eligible consumers interested in treatment with Evolus products, including Jeuveau® (prabotulinumtoxinA-xvfs). As a healthcare professional (“HCP,” “you,” “your,” or “user”) you may participate in the Program under the following terms and conditions, including the amendments thereto and with any additional terms and conditions, rules, or polices that may be applicable in connection with the Program (collectively, the “Terms and Conditions”). Your failure to follow the Program’s rules, whether listed below or in supplemental notices posted at various points in the Program, may result in termination of your access and ability to participate in the Program and your ability to redeem to Program benefits, without notice, in addition to Evolus’s other remedies. Your participation in, access to, and use of the Program are subject to the terms and conditions set forth herein and all applicable laws and regulations, including the laws and regulations governing copyrights and trademarks. The Terms and Conditions shall supersede all previous Program rules and/or terms and conditions applicable to healthcare professionals. The following 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. BY PARTICIPATING AND ACCESSING THE PROGRAM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE PROGRAM.

  1. Description of the Program 

The Program is an on-line, mobile device-based program where eligible registered consumers participating in the Program may accrue benefits by engaging in certain activities, and may, in turn, redeem those benefits provided by Evolus solely for use as a discount on treatment with an eligible Evolus product, including Jeuveau®(“Benefits”). Benefits accrued in the Program are non-transferrable to other users or accounts and have no independent cash or monetary value. The Program may be changed from time to time at Evolus’s sole discretion without advanced notice. The most up to date version of these Terms and Conditions will be posted on this site and by continuing to participate in the Program, you are deemed to have agreed to the amended version of these Terms and Conditions and are bound by any such revisions and should therefore periodically visit this website to review the current Terms and Conditions to which you are bound.

HCPs participating in the Program will facilitate the eligible consumers’ accrual and redemption of Benefits in accordance with the Terms and Conditions of the Evolus Rewards Consumer Loyalty Program Terms and Conditions found at https://www.evolus.com/terms-and-conditions-consumer-rewards/ (the “Consumer Terms”) which are incorporated by reference into these Terms and Conditions. References to an “eligible consumer” in these terms and conditions shall be deemed to by those consumers who comply with all of the Consumer Terms.

  1. Program Eligibility for HCPs

The Program is open to appropriately licensed HCPs in the United States. Void where prohibited or restricted by law. an eligible purchase of an Evolus product within the previous six months. All Evolus products purchased to qualify for this Program must be purchased within the United States.

  1. 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, any Benefit, HCP Reward or other benefits offered, in whole or in part. 

  1. HCP Registration

HCPs will have the option to opt-in to the Program in the Evolus Practice App. In order to participate in the Program, you first must register and agree to these Terms and Conditions. By providing the Program you are deemed to agree to these Terms and Conditions. Your staff or other individuals who work for you will also be permitted to register so they can help administer the Program in your office. You agree that we may attribute all use of your account to you, and that you are responsible for all activities and activities that occur under your Account, including activities by your staff or other employees and that each of them shall abide by the Terms and Conditions of this Program. You will be required to follow all of the steps to register and participate in the Program. Following opt-in, all facilities connected to an HCP account are automatically opted into the Program as well. You may opt-out of the program at any time by going to the “Account Management” section of the Evolus Practice App or by any other means that Evolus may allow.

  1. 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, including the Benefits offered, in whole or in part, for any reason, at our sole discretion. Evolus may, among other options, withdraw, limit, modify, or cancel any Benefit; change the value of any Benefits; increase the requirements for any Benefit; or modify or condition the redemption of Benefits. You agree that Evolus will not be liable to you or any third party for any modification or discontinuance of the Program or any Benefit offered, in whole or in part. 

  1. Account Security

You will pick a username and password during the registration process (“Account”). You agree to maintain the confidentiality of your Account and not authorize any third party to use it or your Account. You agree that you are fully responsible for all activities that occur under your Account or any other breach of security, and to log out at the end of each session. You agree to provide current, complete, and accurate Account information when you register for an Account. You agree to notify us immediately if you suspect any unauthorized use of your Account or any other breach of security. Depending on your Account type or other criteria, your Account may not have full access to all features or functionality available in our Evolus Practice App or in the Program site. You agree not to attempt to access any restricted features or functionality.

If you lose or forget your username or password, you can e-mail us at customerexperience@evolus.com to have the information reset.

We will not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions.

  1. Earning and Redeeming Program Benefits/Minimum Units 

Eligible consumers who register and enroll in the Program will earn a Benefit in the amount advertised by Evolus under the Program off of their treatment with an Evolus product, including Jeuveau®, when they receive treatment consisting of at least 20 units of Jeuveau® (“Minimum Units”) at an HCP’s office which is enrolled in the Evolus Program. The HCP’s office must be enrolled in the Program in order for the eligible consumer to be able to redeem their Benefit at that office. This initial Benefit for the eligible consumer will not expire so long as the Program is not suspended, terminated, or otherwise modified, provided, however, that Evolus reserves the right to expire any unused initial Benefit after one year.

After the initial benefit is validly redeemed, additional Benefits are earned by eligible consumers with each subsequent treatment with an Evolus product; however, there must be a minimum of 90 days between each eligible treatment. In other words, an eligible consumer cannot earn a new Benefit until at least 90 days has elapsed from their last Benefit redemption. Any attempt by a consumer or an HCP to redeem more often than 90 days shall be a violation of the Consumer Terms and these Terms and Conditions.

Once earned, an eligible consumer’s Benefit is valid only between 90 – 180 days of the treatment in which the eligible consumer earned the Benefit. It cannot be used prior to 90 days, and it cannot be used after 180 days. Any extension of these deadlines shall be at the sole and absolute discretion of Evolus.

We expressly reserve the right to change the value of Benefits; to establish additional means of accruing Benefits by eligible consumers; to remove any or all of the means currently in effect; to exclude certain types of transactions from the accumulation of Benefits; to specify periods after which unused Benefits will be forfeited or reduced. Benefits can be accrued only for activity taken and completed by eligible consumers. Eligible consumers may only have one account and cannot combine Benefits with others. Redeemed Benefits are not refundable, exchangeable, replaceable or transferable for cash, credit or other benefits under any circumstances.

 When your patient has a Benefit to be redeemed at your office, they will notify your office and you will be responsible for redeeming the patient’s Benefit by following the instructions set out in the Program’s application or website. By enrolling a consumer in the Program or redeeming a Benefit you represent and warrant to Evolus that the consumer is an eligible consumer meeting the Consumer Terms. Throughout the redemption process, you will provide truthful and non-misleading information for each Benefit redemption, including, but not limited to: that you have read any required disclosures to the eligible consumer, that you have treated the eligible consumer with Evolus product with the Minimum Units, and that that you have provided the full discount on such treatment to the consumer in the amount of the Benefit. Failure to provide the discount on an treatment with an Evolus Product to an eligible consumer shall not be deemed a redemption of the Benefit and shall not be counted towards any HCP Reward. Evolus reserves the right to require proof that a Benefit was properly earned and redeemed by an eligible consumer at its sole discretion.

To compensate you for redeeming the Benefit, Evolus will provide you with Jeuveau® vials (“HCP Reward”) on the terms set forth herein. These HCP Rewards will be earned based on the HCPs Evolux® level as set forth in the Evolux® terms and conditions located at: https://www.evolus.com/program-terms/.

You can request your HCP Reward vials through the Evolus Practice App. Any request for six vials or less will incur the standard shipping fee for orders of that size. HCP Rewards have no independent monetary value and are only earned once all required Benefits are properly redeemed.

HCP Rewards 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 HCP Rewards may be confiscated by Evolus and/or cancelled.

HCP Rewards are only earned on Benefits provided to eligible consumers who receive treatment with Evolus products, including Jeuveau®, and are provided the full discount on such treatment equivalent to the amount of the Benefit. It shall be a violation of these terms and conditions to provide a Benefit to any individual who does not meet the conditions for a Benefit. who is not treated with Evolus products, or who is not provided the appropriate discount.

  1. Use of Your Information and Personal Information

The information that you provide in connection with the Program will be used by Evolus in connection with the administration of the Program and to provide you information about the Program. Furthermore, Evolus may use any information you provide for Evolus’s internal purposes and to send you information about Evolus and its products and services. Evolus will not share your information with any third party, except as necessary for the administration of the Program or as required by law or legal process. If you do not wish Evolus to send information to you about the Program and Evolus and its products and services, you should not participate in the Program. By participating in the Program, you agree that we may collect and use personal information about you that you provide to us in accordance with our Privacy Policy which can be found at: https://www.evolus.com/privacy-policy/. By using the Program, you agree to be bound by the terms of our Privacy Statement.

  1. Fraud, Abuse or Violation of Terms and Conditions

Fraud or abuse relating to the accrual or redemption of Program Benefits or any violation of the Terms and Conditions may result in forfeiture of your HCP Reward compensation under the Program as well as the termination of your account and ability to participate in the Program in the future. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO SEEK COMPENSATION FOR REDEEMING BENEFITS THAT WERE NOT PROPERLY EARNED OR REDEEMED.

  1. 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) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible registration entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond our control; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the benefit or acceptance, delivery or failure to timely deliver, possession, or use of the benefit, or from participation in the Program; or (vi) 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 this site 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.

  1. Violation of the Terms 

You understand and agree that if we determine that you have violated our Terms and Conditions, then in our sole discretion, and without prior notice, we may take actions including, but not limited to (1) terminating your access to the Program, (2) voiding any accrued HCP Rewards, (3) confiscation of any HCP Rewards, and/or (4) deactivating or deleting your account. Upon written request to you we may require an HCP repay the value, as determined by Evolus, of any HCP Reward that Evolus, in its sole discretion, determines was rewarded as a result of fraud, abuse or a violation of our Terms and Conditions. HCPs whose accounts have been terminated shall not be eligible to participate in the Program and shall not be eligible to enroll new accounts without the express written consent of Evolus.

  1. Proprietary Rights 

You should assume that all contents of this site 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.

  1. 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. You agree that any dispute related to the Program shall be submitted for resolution exclusively to the jurisdiction of the United States District Court for the Central District of California. 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.

  1. 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.  You agree that any dispute related to the Program shall be submitted for resolution exclusively to the jurisdiction of the United States District Court for the Central District of California.  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.

©2021 Evolus, Inc. All rights reserved. JEUVEAU is a registered trademark of Evolus, Inc. All other trademarks are the property of their respective owners.
PDCR 2021-05-018

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