abmVacations+ Rewards Program Terms and Conditions

The following terms and conditions (“Terms”) apply to Applied Biological Materials, Inc. abmVacations+ Rewards Program (the “Rewards Program”) and your participation in it.

By participating in the Rewards Program and completing activities that might make you eligible to receive Rewards Program points (“Points”) as described herein, you acknowledge and agree to be bound by all of the Terms included here. Points earned through participation in the Rewards Program may be redeemed for the Reward items (“Reward” or “Rewards”) available through the Rewards Program (as described in Section 5). Applied Biological Materials, Inc. (“Sponsor”) reserves the right to modify or terminate the Rewards Program at any time and in any manner, in whole or in part, as outlined below, even though such changes may affect the redemption value of the Points already accumulated or the availability of redeemable merchandise or services. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE THAT YOU WILL REVIEW THESE TERMS PERIODICALLY AND THAT YOU SHALL BE BOUND BY THESE TERMS AND ANY MODIFICATIONS THERETO.

1. Eligible Participant. Enrollment in the Rewards Program is only open to life science professionals who are at least eighteen (18) years of age as of the date of enrolment and have the capacity to enter into a binding contract.

   Healthcare professionals are not eligible to participate in the Rewards Program. The term Healthcare Professionals includes individuals (clinical or non-clinical physicians (MDs and MDs/Ph.D.s), physician assistants, nurses, technicians, research coordinators, administrators and purchasing personnel) and entities (including hospitals, rehabilitation centers, nursing facilities, home health agencies, clinics and group purchasing organizations, managed care organizations, physician group practices, medical directors for health insurance organizations) and their employees and representatives who are involved in the provision of health care services.

   Distributors, OEM Partners, and 3rd party purchasing agencies or their employees are not eligible.

   Participation in the Rewards Program may be prohibited by employment, contact, law, regulation, institutional policy, government policy, or applicable professional code of conduct in specific countries, provinces, states, or jurisdictions. The Rewards Program is void where prohibited by law. Accepting a Reward does NOT require or obligate you in any way, either explicitly or implicitly, to purchase, order, or recommend any products or services manufactured by or available through the Sponsor. Before you redeem your Points and accept a program Reward from the Sponsor, you agree to check your employer’s or institution’s applicable codes or guidelines regarding gifts, rewards or other prizes from suppliers or vendors. There may be some gifts that your employer or institution does not allow you to accept from suppliers or vendors. By redeeming Points and accepting a Reward, you represent to the Sponsor that you are NOT prohibited by the terms of your employment, contract, law, regulation, practice, or any code of conduct or industry standard, from accepting a Reward and that, if it is necessary, you have obtained your employer’s or institution’s approval prior to ordering the Reward. Corporations or other entities or organizations of any kind are not eligible for the Rewards Program. Employees of Sponsor and its affiliates, as well as their family and household members, are not eligible for the Rewards Program.

2. Privacy. Please review our Privacy Policy at https://www.abmgood.com/privacy-policy to understand our practices in connection with the use and protection of your personal information.

3. Your Rewards Program Account.

   Enrollment. To participate in the Rewards Program, you must have a valid account on abmgood.com and enrollment in the Rewards Program. Only those who meet the eligibility criteria and enroll (“Member” or “Members”) will be able to redeem Points. Eligibility is at the sole discretion of the Sponsor. The email address associated with the abmgood.com account will be the address used to send information regarding the Rewards Program and any Point redemptions, including any e-Vouchers. The email address can only be changed via the abmgood.com account.

   Earning Points. Members earn Points on eligible purchases made through abmgood.com, claiming points with every order of qualifying Sponsor’s products and through specified Point-earning promotions or activities. Points earned exclude sales tax, shipping charges, refunds of any nature, free items, non-shipped, undeliverable or returned items. For refunded or partially refunded items, Sponsor reserves the right to adjust Member’s Points balance according to the Points value of the item that was refunded or partially refunded. For refunded or partially refunded items, if a redeemed Reward has not already been shipped to the Member, Points used for the redeemed Rewards will be refunded to the Member’s account. Points for purchases of qualifying products made on abmgood.com will be added to a Member’s account only after full payment is received. Member will not earn points with purchases of PolymeraseCard™ Prepaid Card (Cat. No. ABM001) or ReagentCard™ Prepaid Card (Cat. No. ABM002), however, Member will earn points corresponding to the value of product and/or services purchased using the prepaid card. The Sponsor reserves the right to review and deduct points that may have been fraudulently claimed, or that are the result of any other unethical, unlawful or abusive means.

   Conditions of Use. Sponsor will attempt to credit Members' accounts with Points on a timely basis. However, each Member shall have the responsibility for monitoring their Point balances and ensuring that his or her Points are properly credited. Members must contact abmgood.com at order@abmgood.com to request Points not credited accurately within 3 months of product purchase, otherwise such Points will no longer be valid or usable. Sponsor may audit the accuracy of Reward requests and may at any time request substantiation of information submitted by a Member. Sponsor has no liability for the accuracy of information provided by Rewards Program participants or the consequence thereof. Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in the Points summaries made available by Sponsor or its agents, for any delay or failure to credit Points to Member accounts, or for any failure to provide Rewards Program summaries as outlined in these Terms. Sponsor reserves the right to invalidate Points if it determines, at its sole discretion, that such Points were improperly credited to such Member or were obtained fraudulently or otherwise in violation of these Terms.

   Sponsor reserves the right to require proof of accrual of Points and reserves the right to delay the processing or redemption of any Points without notice, in order to assure compliance with these Terms. By participating in the Rewards Program, each Member is responsible for maintaining the confidentiality of his or her account and password and for restricting access to his or her account using reasonable care. Member agrees to accept responsibility for all activities that occur under Member's account or password. Without limiting any other remedies, Sponsor may suspend or terminate any account if Sponsor suspects, at its sole discretion, that any Member or other person has engaged in fraudulent activity in connection with this Rewards Program. Points do not constitute property, do not entitle a Member to a vested right or interest, and have no cash value. As such, points are not redeemable for cash, transferable, or assignable for any reason. The sale, barter, transfer, or assignment of any accumulated Points, other than by the Sponsor, is strictly prohibited. Any Points that the Sponsor deems, at its sole discretion, to have been transferred, sold, bartered, assigned or otherwise improperly acquired in violation of these Terms may be confiscated and/or cancelled.

   Participation in the Rewards Program is subject to these Terms, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by these Terms or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with this Rewards Program, or failure to act in a manner consistent with federal, state, provincial, or local laws, regulations, institutional policies, or ordinances, may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of membership in the Rewards Program, as well as forfeiture of any Points accrued to date, and any other benefits earned in connection therewith, in Sponsor’s sole discretion.

4. Start Date. Beginning 12:01 a.m. US Pacific Time on Feb 24, 2020, Members will be able to receive Points according to the requirements set forth in Section 3. Points will be issued to the enrolled Member who has completed the enrolment process. No orders received before Feb 24, 2020 will be eligible for Rewards Program Points credit.

5. Redeeming Points for Rewards. Subject to Sponsor’s rights to add, delete, or otherwise make changes to the Points structure and the Rewards as more fully expressed in Section 7, Points may be redeemed for items found in the Rewards Center, which is posted and periodically updated within the Rewards Program website. “abm store credit” Rewards cannot be applied to tax or shipping charges, and must be applied exclusively to orders placed after the date of redemption request, and cannot be retroactively applied to any prior orders. Residents outside of the United States and Canada are only eligible to use Points for e-Voucher Rewards only, including “abm store credit” and “Travel e-Vouchers”. Redeemed Reward items cannot be returned or exchanged. In the event of Reward item damage or error upon shipment arrival date, Member must contact Sponsor within 7 business days of shipment arrival date to request a replacement. Sponsor reserves the right to deny replacement requests according to Sponsor’s own discretion.

   Members must request reimbursement of Vacation Package Reward items a maximum of 30 days after travel date and must provide proof of payment to redeem Reward item. Members must allow Sponsor up to 15 business days to process the Reward request. Sponsor will reimburse up to a maximum amount, as specified in the Reward item details. Sponsor holds the right to deny request according to Sponsor’s own discretion. Points will only be deducted once Reward request has been approved by Sponsor.

   To redeem Points, a Member must select the Reward in the Rewards Center and request the redemption. Upon requesting a Reward in the Rewards Program, Members will be required to warrant and represent that they are not prohibited by the terms of their employment, contract, law, regulation, practice, or any code of conduct or industry standard, from accepting a Reward and that, if it is necessary, they will obtain their employer’s or institution’s approval prior to ordering the Reward. Responsibility for providing this warranty is solely the responsibility of the Member. Each redeeming Member is solely responsible for ensuring that his other email and shipping address is correct in the abmgood.com account records prior to redemption. Sponsor’s obligation regarding delivery of a Reward is satisfied upon sending the selected Reward to the email or shipping address for the Member contained in the abmgood.com account records as of the date of the redemption request. Sponsor is not responsible for lost or stolen Rewards and will only be responsible for non-receipt of Rewards when a Reward is sent to an email or shipping address different than the one in the Member Program records at the time of redemption request. By participating in the program Members understand and agree to allow a minimum of 4 weeks for fulfillment of a selected Reward. The availability of any Reward or benefits offered in the Member Program is subject to change without notice at any time and subject to availability at the sole discretion of Sponsor. Rewards may be available only in limited quantities and will be distributed on a first-come, first-served basis. Members should regularly consult the Rewards Center for updates about Reward availability. Rewards may have additional terms and conditions, which are available on the web page for each Reward offered.

6. Expiration of Points. All Points within a Member's account will expire 12 months after the last date of account activity. Account activity is defined as any points-earning or reward redemption activity, excluding refunds and order cancellations.

7. Modification To, Termination or Extension of Rewards Program Terms.

   (a) Modification to Terms: Membership in the Rewards Program is offered at the discretion of Sponsor and Sponsor reserves in its sole discretion the right to modify the Terms, Points, Rewards, redemption values, benefits, conditions of participation, rules for issuing, redeeming, retaining, using, or forfeiting Points and Rewards and their respective duration or timing, or any other aspect of the Rewards Program, in whole or in part, at any time, with or without notice, even though such changes may affect the redemption value of the Points already accumulated. Members understand that the most current version of the Terms will be located here and will review them regularly in order to remain aware of any changes to the program and its rules. A Member's continued use of the Rewards Program following the posting on the Rewards Program website of conspicuous notice of any modification will indicate Member's acceptance of any modification to the Terms hereof.

   (b) Termination: The Rewards Program will terminate at the sole discretion of Sponsor. In the event of termination, Sponsor shall give notice at least thirty (30) days prior to the date that such termination becomes effective, during which time Members may still accrue and redeem Points, provided, however, that Members agree that Sponsor shall not be required to give thirty (30) days’ notice if such termination is due to the filing of a petition in bankruptcy, an adjudication of bankruptcy, insolvency, an assignment for the benefit of creditors, or any other discontinuance of business. All Points must be redeemed prior to the effective date of termination. Members should not rely upon the continued availability of the Rewards Program or any Points accumulated in connection therewith.

8. Limitation on Liability. SPONSOR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS (INCLUDING WITHOUT LIMITATION LOSS OF JOB DUE TO VIOLATION OF MEMBER’S EMPLOYMENT TERMS), CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE REWARDS PROGRAM, INCLUDING BUT NOT LIMITED TO THE UTILIZATION OF, OR PARTICIPATION IN, ANY REWARD, (B) ANY FAILURE OR DELAY BY SPONSOR IN CONNECTION WITH THE REWARDS PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS REWARDS PROGRAM); OR (C) THE PERFORMANCE OR NON- PERFORMANCE OF THE REWARDS PROGRAM BY SPONSOR, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. If, despite the limitation above, Sponsor is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in the limitation above, then its liability will in no event exceed, in total, the sum of US $100.00.

9. Taxes. Determination and payment of tax liability on Rewards, including income, excise, or value added tax, if any, are the sole responsibility of the Member.

10. Acts Beyond Sponsor’s Control. The failure of Sponsor to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial or local governmental authorities, or for any other reason beyond the reasonable control of Sponsor, shall not be deemed a breach of the Terms. If any such contingency shall last for more than sixty (60) days, Sponsor shall have the right to terminate the Rewards Program immediately by giving notice and shall have no further liability to any Member.

11. Governing Law and Consent to Jurisdiction. The laws of the Province of British Columbia will govern these Terms, as well as Members’ and Sponsor’s observance of them. If you take any legal action relating to your use of this Rewards Program or these Terms, you agree to file such action only in the Provincial or federal courts located in Richmond, British Columbia, Canada.

12. No Waiver. Sponsor’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sponsor in writing.

13. Captions. The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.

14. Complete Agreement. These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between Sponsor and Members relating to the Rewards Program, and replaces any prior understandings or agreements (whether oral or written) regarding the Rewards Program. If a court finds any of these Terms to be unenforceable or invalid, those term(s) will be enforced to the fullest extent permitted by applicable law and all other Terms will remain in full force and effect.

15. Sponsor.

    Applied Biological Materials, Inc.
    #1-3671 Viking Way
    Richmond, BC V6V 2J5
    Canada
    Telephone: 1-866-757-2414
    Email: info@abmgood.com