Rules for the SUPER REWARD PROGRAM
Important: The following are the rules and other provisions (collectively, “Rules”) of the SUPER EASY NUTRITION (“SEN”) “Super Reward” program, (the “Reward Program”). By enrolling or participating in the Reward Program, you (hereinafter referred to as “you” or “Member”) indicate you have read and understand these Rules and agree to abide by them. It is your responsibility to read and understand all of the Rules. These Rules cannot be superseded or changed, except in writing from SEN or any of its affiliates (collectively, “SEN”). The most current rules will supersede any prior or conflicting versions of the Rules.
- The Reward Program: The Reward Program is offered at the discretion of SEN and SEN has the right to terminate the Reward Program, in whole or in part, or to change the Rules, benefits, conditions of participation or qualification criteria, in whole or in part, at any time, with or without notice, even though changes may affect the value of any benefits or Reward Points already accumulated and held by a Member.
- SEN may, including without limitation, withdraw, limit, modify or cancel any allocation or award of any Reward Points or use thereof; increase the Reward Points required to achieve a benefit, increase applicable co-pays (if any such option exists); or modify benefit(s) associated with the Reward Program. SEN reserves the right to make bonus and other promotional offers selectively available.
- The Rules: The Rules control your (“Member”) participation in the Reward Program and no covenants at law or in equity shall be implied or incorporated, all of which are expressly disclaimed. SEN has the right in its sole discretion to interpret and apply the Rules. Any abuse or attempted abuse of the Reward Program, as determined in the sole discretion of SEN, or failure to follow the Rules and any of the terms and conditions thereof or any violation of law, rule, or regulation, any conduct detrimental to the interests of SEN, any fraudulent activity or attempted fraudulent activity, or misrepresentation of any information furnished to SEN or its affiliates by any Member, anyone else acting on the Member’s behalf, or any third party (collectively, “Prohibited Conduct”), may result in SEN exercising any one or more of the following remedies (“SEN’s Remedies”), including without limitation, with or without notice to the Member: (a) the termination by SEN of such Member’s account or participation in the Reward Program (b) the removal or cancellation by SEN of any or all of a Member’s accrued Reward Points or benefits (c) the loss of other Reward Program benefits or (d) SEN placing the Member account on inactive status. In addition to the foregoing SEN’s Remedies, SEN may, upon written request, require the Reward Program Member to repay the value, as determined by SEN, of the benefits acquired as a result of Prohibited Conduct and, in the event of a Member’s failure to repay, may initiate legal action to recoup the value of benefits acquired by the Member through Prohibited Conduct. Members whose accounts have been terminated shall not be eligible to participate in any aspect of the Reward Program.
- In the event SEN suspects Prohibited Conduct, SEN reserves the right, with or without notice to the Member, to delay or suspend all activity (including without limitation activity and processing of any benefits or the accrual or awarding of Reward Points). During the course of an audit or investigation, a Member’s account information may be shared with any third party with whom SEN has contracted to assist in performing such audit or investigation. Upon completion of the audit or investigation, if Prohibited Conduct has been detected by SEN, SEN may exercise any one or more of SEN’s Remedies or any other remedies available at law or in equity.
- Each Member is responsible for being and remaining knowledgeable as to the Rules and the amount of Reward Points in such Member’s account. A Member shall notify SEN promptly of an erroneous Reward Points balance in such Member’s account. SEN may, but shall have no obligation to, send newsletters, statements, correspondence or other materials, including notifications of Reward Program changes or special promotions. Each Member shall be responsible for advising SEN of any change of contact information and SEN shall have no liability for misdirected correspondence or any consequences thereof.
- The accumulation of Reward Points is subject to these Rules. It is SEN’s desire that Reward Points never expire; provided certain qualifying events take place. Reward Points that have been awarded or otherwise assigned to a Member by SEN will remain qualified Reward Points as long as the Member’s account is in active status; or simply stated, active Members keep Reward Points indefinitely, inactive Members may lose Reward Points (see paragraph entitled “Reward Points Expiration” below). Only Reward Points held by a Member who is in Active status are qualified Reward Points.
- Reward Points earned, accumulated or granted under the Reward Program may be transferred or assigned to another Member, individual or entity upon notice to, and acceptance by, SEN.
- Only individuals are eligible for participation in the Reward Program, and each individual may maintain only one account in the Reward Program. Notwithstanding the foregoing, SEN may, in its sole discretion, in certain circumstances, permit Members who are not individuals to participate in the Reward Program, subject at all times to the provisions of the Rules. Only the Member named on the account will be entitled access to account information. Account information is SEN’s proprietary information and, except as otherwise authorized by SEN, Members may access information only for the purpose of obtaining information about their account. No Member may delegate or grant access (via power of attorney, contract, or otherwise) to a third party. Any Member who shares account information with any third party in violation of the Rules will be held responsible for such third-party’s actions with respect to the Account.
- Reward Points do not constitute property of the Member and may be transferable as set forth herein.
- All calculations made in connection with the Reward Program, including without limitation, the value of any benefits, will be made by SEN in its sole discretion and such calculations will be considered final.
- Neither SEN’s waiver or consent to a deviation from the Rules nor any course of dealing shall be construed as a waiver by SEN of any subsequent violation of the Rules and SEN may invoke SEN’s Remedies for a violation of the Rules despite any such prior waiver or consent.
- IF SEN IMPROPERLY DENIES A BENEFIT, LIABILITY WILL NOT EXCEED THE EQUIVALENT VALUE, AS DETERMINED BY SEN, OF THAT BENEFIT. IN NO EVENT SHALL SEN BE LIABLE TO A MEMBER, OR ANYONE ACTING ON THE MEMBER’S BEHALF, FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE ACTS OR OMISSIONS OF SEN IN CONNECTION WITH THE REWARD PROGRAM, OR COSTS OR ATTORNEYS’ FEES.
Prohibition of sale or barter
- The sale, barter or other transfer for consideration, or attempted sale, barter or other transfer for consideration, of any Reward Points or benefits of the Reward Program by a Member, other than as authorized in writing and/or sponsored by SEN, is expressly prohibited. Any Reward Points or benefits sold, bartered or otherwise transferred for consideration, or any attempt to sell, barter or transfer any Reward Points of the Reward Program, is in violation of the Rules and any accounts or Members involved in such sales, barters or other transfers, or attempts thereof, may be subject to SEN’s Remedies. The acquisition, use, transfer or attempted acquisition, use or transfer of Reward Points or benefits that have been acquired by purchase, barter or other transfer in violation of the Rules may result in SEN’s exercise of SEN’s Remedies, including without limitation the cancellation, termination or forfeiture of the Reward Points held by the Member and/or the termination of the Member’s account.
- It is expressly understood and agreed that any point or other benefit, in or under this Reward Program, has NO cash or monetary value. Reward Points may not be redeemed for cash or a cash equivalent or in any way used, directly or indirectly, as payment or barter. Reward Points may only be used to acquire product from SEN pursuant to the Reward Program.
- Account Activity is defined as the earning, purchase or acquisition by a Member of at least one (1) Super Easy Nutrition Program directly from SEN in the preceding thirty (30) day period. “Account Activity” shall be deemed to occur when a Member purchases product from SEN, accrues or otherwise utilizes Reward Points in such Member’s account in any manner recognized by the Reward Program.
- Reward Points will be earned by a Member and accrued in a Member’s account only when the Member avails themselves of a means of earning and accrual recognized under the Reward Program. Members, who are in Active status, may only earn Reward Points as a result of their referring a customer who purchases product from SEN in accordance with the terms and conditions and Rules of the Reward Program. Reward Points are earned as follows: When a customer that has been referred by a Member purchases a Super Food Nutrition Program directly from SEN, the referring Member will receive, and have deposited into their Reward Program account, fifty (50) Reward Points.
- All Reward Points earned shall be calculated and determined NET of any cancellations or refunds that may be applicable. Simply stated, if a Member refers a customer who purchases a Super Easy Nutrition Program thereby entitling the Member to Reward Points, SEN will deposit the appropriate number of Reward Points into the Member’s account as soon as possible. If the customer who made the purchase subsequently cancels said purchase, or is otherwise entitled to a refund of monies paid SEN, SEN will as soon as practicable deduct from the Member’s account the Reward Points that were deposited into said Member’s Account relative to the purchase that was subject to the cancellation or refund. Member agrees to repay the value to SEN, or otherwise reimburse SEN for any financial loss incurred by SEN due to any customer’s cancellation or refund; which amount shall not exceed the purchase price of Programs purchased that are subject to this NET calculation.
- Members may be required to supply a password and/or other security measures when conducting certain transactions in writing, by phone or on the internet for security or other purposes. A password and/or other security measures may be required for certain services, including but not limited to making reservations, redeeming Reward Points and changing an address. Members are responsible for maintaining the confidentiality of their password and other security credentials, as applicable. SEN is not responsible for stolen security credentials or passwords and will not redeposit Reward Points for redemptions using the Member’s security credentials or password.
- Except as otherwise expressly permitted by SEN, Reward Points can be accrued only after the active Member’s official enrollment date and can be applied only to the Member’s account.
Claims about Member balances
- SEN will, in most cases, credit its Members’ accounts with earned or accrued Reward Points. However, each Member shall have the responsibility to ensure that such Member’s Reward Points are properly credited. SEN reserves the right to adjust a Member’s account balance if Reward Points were deposited in error. Where a Member contends that Reward Points have been earned but not credited, or in cases where SEN deems verification is required, SEN reserves the right to require proof from the Member. Any claims for Reward Points by the Member and proof of such claims must be received by SEN within ninety (90) days after the date such Reward Points were claimed to be earned.
- Each Member shall have the responsibility to notify SEN of any erroneous or fraudulent Reward Points deduction from such Member’s account within ninety (90) days of the date of the deduction. SEN will review such Member’s claim and reserves the right to require proof, documentation or certification from such Member during the review. A redeposit back into to such Member’s account of the Reward Points claimed to be erroneously deducted will be determined by SEN in its sole discretion after review and SEN’s decision will be considered final.
Reward Points expiration and use
- Reward Points accrued in a Member’s account will be maintained in the account until used in accordance with the Rules or until they expire, whichever occurs first.
- Any Member who fails to engage in Account Activity for a period of thirty (30) consecutive days is not eligible to earn Reward Points. A Member will only be able to earn Reward Points while they are in active status, as set forth immediately below.
- Account Activity, which is required to be deemed an active Member in the Reward Program, is defined as the earning, purchase or acquisition of at least one (1) Super Easy Nutrition Program directly from SEN by a Member in the preceding thirty (30) day period.
- If a Member fails to engage in Account Activity, as defined above, for a period of ninety (90) days, SEN reserves the right to terminate or cancel all or any portion of the Member’s Reward Points in the Reward Program.
- SEN may, but is under no obligation to, advise a Member that said Member is, or may be, placed in an Inactive Account status or that the Member will or may be subject to loss, forfeiture, removal, cancellation or termination of their Reward Points. Furthermore, SEN is under no obligation to notify a Member of a change in their Account status or the loss, forfeiture or termination of Reward Points.
- SEN wants to make your Reward Program as friendly as possible. So, if a Member does not have a sufficient number of Reward Points to acquire a “Super Easy Nutrition Program”, the Member may pay the difference between Reward Points required and Reward Points available to the Member in cash or credit. SEN will, in its sole discretion, determine the amount of cash or credit necessary to complete the transaction. By example and for illustrative purposes only: If 150 Reward Points are required to acquire a “Super Easy Nutrition Program” but the Member has only 100 Reward Points available, the Member may pay the difference (50 Reward Points) in cash or credit in an amount determined in the sole discretion of SEN. SEN reserves the right to modify or otherwise change the amount of cash or credit required to complete a transaction as referenced in this paragraph at any time.
Qualification criteria and benefits
- Reward Points awarded may be subject to the taxes, fees or other charges. SEN makes no representation or warranty regarding the applicability of any tax, fee, liability or other charge that may be imposed by any third party or entity.
- The Reward Program, including without limitation the accrual and accumulation of Reward Points and the issuance and use of benefits may be prohibited or restricted by the laws in some non-U.S. countries. Nothing in these Rules should be read to override or circumvent any such non-U.S. laws. SEN may exercise any one or more of SEN’s Remedies, with or without notice to the Member, in the event the Reward Program, or a Member’s participation in any way in the Reward Program, violates non-U.S. laws.
Members that are not individuals
- Each Member of the Reward Program who is not an individual shall be subject to each of the rules set forth above; in addition:
- Reward Points may not be accrued in both the account of Members who are not individuals and in the account(s) of individual Member(s) (including any Member account of owners, directors, officers, employees, agents or contractors of the Member who is not an individual) for the same qualifying account activity, except as expressly allowed under the applicable Super Reward Partner’s offer;
- Each such Member who is not an individual shall be a business that is duly organized and validly existing under the laws of the jurisdiction of its organization, and each business may maintain only one account in the Reward Program;
- Each Member who is not an individual is responsible for ensuring that participation in the Reward Program complies with the applicable policies and practices of such business. Any act of the owners, directors, officers, employees, agents or contractors of a Member who is not an individual shall be deemed to be an act of such Member;
- Notwithstanding the prohibition above regarding delegating or granting access to third parties, Members who are not individuals may participate in the Reward Program by means of an authorized representative of the business. The authorized representative of the business shall be the individual designated by the Member as its primary contact. By earning or redeeming Reward Points or otherwise participating in the Reward Program, each Member represents that the individual designated as its authorized representative has been duly appointed and authorized as such and that the authorized representative of the business is at least eighteen (18) years of age. Each Member shall be responsible for ensuring they record and maintain account information in such manner so as to comply with the policies and practices of their business. Requests for changes to a Member’s account, such as a change of the authorized representative, will not be honored without the Member satisfying established requirements for account validation.