08 June 2020
BY PARTICIPATING IN THE LOYALTY PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
OVERVIEW: The Medicom SafeAdvantage Loyalty Program (“Program”) offered by AMD Medicom Inc. (“Medicom”), 2555Chemin de l’Aviation, Pointe-Claire, Quebec, H9P 2Z2, provides eligible dental practices (through their authorized agents) the opportunity to earn Program points (“Points”) for qualifying purchases of certain products (“Qualified Products”) from Medicom and Medicom Authorized Dealers and Distributors (“Dealer/Distributors”), as defined below.
These Terms and Conditions may be modified at any time by Medicom at its sole discretion without notice. Program members are responsible for consulting the Program Site for current Terms and Conditions.
ELIGIBILITY: The Program is open to all dental practices, excluding institutions, community health centers, government organizations, Dental Service Organizations and Elite Dental Service Organizations, who: (a) operate a licensed practice in the United States and/or Canada and (b) have registered for this Program themselves via a Primary Member by entering their required name and contact details at www.medicomsafeadvantage.com (each an “Eligible Practice”).
Eligibility for the Program is subject to verification at Medicom’s sole discretion. Registrants that are not Eligible Practices may not participate in the Program. The Program is void where prohibited. The Program is limited to one account per Eligible Practice. Medicom may refuse to create an account for any reason.
The first individual who registers an Eligible Practice as a Member, upon confirmation (subject to continuing verification by Medicom), will be deemed the “Primary Member” of the Program. Thereafter, the Primary Member will be responsible for the Program membership, including eligibility for the specific Program benefits described herein. By registering, the Primary Member represents and warrants that he/she has the authority to register and participate in the Program on behalf of the Eligible Practice in accordance with these Terms and Conditions and has reached the age of majority in their jurisdiction of residence. The information entered at the time of registration must match dealer and manufacturer’s records on file in order for rewards to be awarded. Primary Member must be a lawfully identifiable human being; no fictitious or alias names and no machines, scripts or automated services may be used for purposes of participation in the Program. Membership in the Program is not transferable; however, an alternate Primary Member may be designated to administer the Program on behalf of a Member. See the Program Site for information on how to update Primary Member information.
COMMENCEMENT OF POINT EARNING AND HOW TO EARN POINTS: Members earn points on purchases from the date of registration in the Program. Points are earned based on invoices uploaded and linked to a Medicom Authorized Dealer/Distributors via the Program’s portal.
Points are non-transferable Program measurement units that may be used on the Program Site. Points are earned and awarded to the Member for the purchase of Qualified Products from the designated Authorized Dealer/Distributor. All purchases under the Program must be for the Member’s own use, not for resale. Medicom reserves the right to change the number of points awarded for the purchase of a Qualified Product at any time. Points have no cash value. Points earned pursuant to a qualified purchase that corresponds to a subsequent product return for a refund or associated with a returned check due to insufficient funds, will be deducted from the Member’s account.
Medicom product redemptions from Medicom promotions and programs will not count towards Loyalty Program Points.
Program purchases will be credited after the invoice has been uploaded and validated by Medicom. The timing of point deposits is typically 30 days after upload.
Not valid on purchases made from a Medicom Dealer/Distributor in any country other than the United States or Canada.
REDEEMING POINTS: Program Point redemption opportunities are offered only to Members. Earned Points may be redeemed through Redemption Products. The amount of Points necessary to redeem Redemption Products is subject to change at any time by Medicom for any reason or no reason. Medicom may refuse a redemption request if a Member is not in good standing on its Medicom purchases. Medicom will not deliver any such items to P.O., APO or FPO boxes. Redemption products can only be shipped within the United States and Canada. Items ordered at the same time may arrive separately. Merchandise will be delivered to the practice shipping address on record with the designated Authorized Dealer/Distributor record within approximately 6 to 8 weeks of placing the order, unless otherwise notified. Rewards must be redeemed in accordance with Program communications. Medicom is not responsible for replacing lost or stolen reward items.
EXPIRATION OF POINTS: Points will expire based on inactivity. An account will be deemed inactive if no invoices have been uploaded to the account within a 12-month period. A notification will be sent prior to the expiration of any points.
ADDITIONAL MEDICOM/PARTICIPATING DEALER/DISTRIBUTOR PROMOTIONAL OPPORTUNITIES: Medicom may, from time to time, include on the Program Site promotional opportunities presented by Medicom or participating Dealer/Distributors (“Promotional Opportunities”). These Promotional Opportunities may be hosted on the Program Site or on an alternative website and may either be related or unrelated to the Program. All such Promotional Opportunities will be subject to their respectively stated terms, conditions and means of participation and, to the extent they are hosted on non-Program websites, those websites’ terms and conditions. Product redeemed under a Promotional Opportunity does not qualify to earn Points.
TERMINATION: The Program and its benefits are offered at Medicom’s sole discretion. Medicom may, at its sole discretion, cancel, modify, restrict or terminate the Program or Program Terms at any time without prior notice. The Program will continue to be offered to Members under the current Terms and Conditions, as revised from time to time by Medicom, posted on Program Site. Medicom reserves the right to disqualify and/or terminate a Member’s membership in the Program and any Program Points earned at its sole discretion at any time, including but not limited to non-compliance with these Terms and Conditions, Member is not an Eligible Practice, Primary Member ceases to be an employee of an Eligible Practice, fraudulent or other unlawful activity (including abuse or tampering with the Program Site in any way). Medicom reserves the right to audit membership at any time. A Member can choose to terminate their Program membership and/or their receipt of electronic communications by submitting a termination request to firstname.lastname@example.org. Medicom will honor the request within ten (10) business days of receiving the request. All Points shall be forfeited immediately upon making the termination request. There will be no compensation, whether in the form of cash or credit, or otherwise, for unredeemed Points when a Member is disqualified or terminated, for any reason whatsoever.
MEMBER SERVICE AND SUPPORT: For any questions pertaining to the Program (e.g., how to participate, redeem points, etc.) members are directed to www.medicomsafeadvantage.com.
DISPUTES; GOVERNING LAW; CONSTRUCTION
In the United States, Members agree that any issues related to the the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of Medicom and Program Members(s) in connection with the Program, shall be governed by and construed in accordance with the laws of the State of California, without regard for conflicts of law doctrine of any jurisdiction.
In Canada, this Program is governed by the laws of the province of Ontario and the federal laws of Canada applicable thereto.
This Agreement sets forth the entire understanding between the Medicom and Program Members and supersedes any and all prior or contemporaneous agreements or understandings between Medicom and Program Members, whether verbal or written, including those terms and conditions of any previously existing Medicom Loyalty program, as to the subject matter of this Agreement. If any provision of this Agreement or the application thereof to any Member or circumstances shall to any extent be held to be invalid or unenforceable, the remainder of this Agreement, or the application of such provisions to persons or circumstances as to which it is not held to be invalid or unenforceable, shall not be affected thereby, and each provision shall remain valid and be enforced to the fullest extent permitted by law. No waiver of these terms and conditions will be valid unless the waiver is in writing and signed by an officer of Medicom.
Member shall comply fully with all applicable laws, rules and regulations, including those of the United States, Member’s home country (if not the United States), and any and all other jurisdictions globally, which apply to Customer’s business activities in connection with the Agreement.
The U.S. Internal Revenue Code and the tax code for most industrialized nations would view Program rewards, discounts, or any other remuneration as taxable income to the recipient. Members should contact their tax advisor regarding the tax treatment of the rebates received from Member participation in the Program.
United States: Federal, state or local law may require the disclosure by the Member of discounts, rebates, or other reductions in price received, directly or indirectly, pursuant to this program, in claims, charges, or reports made to federal healthcare programs, including Medicare and Medicaid. The Member hereby acknowledges this obligation and warrants and represents that it will properly report and disclose, and appropriately reflect all reduction in price received and all amounts paid hereunder (including all rebates) as discounts to the extent required by applicable state and federal laws and regulations, including the Physician Payments Transparency Requirements of the Patient Protection and Affordable Care Act of 2010, 42 U.S.C. 1320a-7h, and implementing regulations, and the discount “safe harbor” regulations, published at 42 C.F.R. Section 101.952(h).
Canada: Provincial law may require disclosure by the Member of discounts, rebates, or other reductions in price received, directly or indirectly, pursuant to this program, in claims, charges, or reports made to provincial healthcare programs or may require such discounts, rebates, or other reductions in price received, directly or indirectly, pursuant to this program to be applied to the costs or fees charged by the Member to patients . The Member hereby acknowledges this obligation and warrants and represents that it will properly report and disclose, and appropriately reflect all reduction in price received and all amounts paid hereunder (including all rebates) as discounts or as a reduction in the cost or fees charged to the extent required by applicable provincial laws and regulations.
LIABILITY LIMITATIONS: Members are solely responsible for the equipment and internet access required to connect to the Program. Each Redemption Product provided in accordance with these Terms and Conditions is subject to the warranty and terms and conditions specific to and applicable to that product. To the extent permitted by law, Members agree that Medicom and its related bodies corporate and agents will not be liable for (a) any losses, costs or damages, including interruption of business or access interruptions, data loss, theft, corruption, loss or damage as a result of the presence of third party links on the site, computer viruses or system failures, which may occur in connection with use of the site, inaccuracies or omissions in program content, resulting from the Member’s enrollment in the Program, use of the Program, redemption of the Program Points and use of the rewards; (b) any punitive, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, data or other intangible losses, even if Medicom or its related bodies corporate and agents have been advised of the possibility of such damage(s) resulting from the Member’s participation in the Program and/or its redemption of the Program Points and use of the rewards. Any attempted participation by internet or email or any other means except as permitted by this Agreement is void. Medicom will not be responsible for lost, late, incomplete, stolen, misdirected or illegible materials, email or mail; or for any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections, or availability, or for garbled or jumbled transmissions, or for service provider/internet/web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, Points, Reward orders or other information, or the failure to capture any such information. Medicom is not responsible for any incorrect or inaccurate information, whether caused by printing errors, Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Program, and is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the website or any communications means. Medicom is not responsible for injury or damage to Members’ or to any other person's computer related to or resulting from participating in this Program or downloading materials from or use of the website. Any use of robotic, automatic, macro, programmed or like methods to accumulate Points will void all such Points accumulated by such methods, and disqualify any Member. Medicom makes no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Program or any of the rewards, benefits or points associated with the Program.
By registering for the Program, Members agree to receive electronic communications from Medicom, to provide true and accurate registration information to enroll and participate in the Program, in conjunction with their Eligible Practice, and further agrees to revise all identifying/contact information in a timely manner to ensure that the Member information provided in connection with the Program is at all times updated and accurate. Medicom is not responsible for contacting any Member by any means if that Member has failed to provide updated information. See the Program Site for information on how to update any Member information.
INDEMNIFICATION: Member agrees to release, defend, indemnify and hold harmless Medicom, its parents, subsidiaries, successors, assigns, affiliated companies, and agents, and its successors, assigns, shareholders, officers, directors, employees, attorneys/lawyers and agents (collectively “Indemnitees”), from and against, and accept all responsibility of any kind, including but not limited to financial, for any liability, claims, losses, damages or proceedings, including but not limited to death, (including reasonable legal and other professional fees) relating to any actions taken by such Member or anyone else using their Member account (whether or not such use occurred with or without the Member’s permission), including but not limited to accrual and redemption of Points, and disclosure of Member username and/or password. Member also agrees to release, defend, indemnify and hold harmless the Indemnitees from any and all liability, claims, losses, damages or proceedings, including but not limited for death (including reasonable legal and other professional fees) relating to Points, rewards and any other matter in connection with the Member’s participation in the Program, regardless of whether such damages are based on tort, warranty, contract or any other legal theory, even if advised of the possibility of such damages. Each Member acknowledges and agrees that Medicom shall not be responsible nor liable for any agreements between a Member and any of the Program's affiliated companies, including but not limited to Authorized Dealer/Distributors.
Member shall have the right to defend any such claim made against Member, to retain counsel of its choice (subject to Indemnitees’ approval) and to settle any such claim at its expense with Indemnitees’ prior written approval. If Member does not provide a reasonable defense to any such claim, Indemnitees may assume and undertake the defense. Member will reimburse Indemnitees for all expenses from such defense and/or claim within sixty (60) calendar day after being incurred.
“Qualified Products” means the following:
The Program relates only to Medicom products. Only Medicom and Medicom sister brand name (Ocean Pacific, Hedy) products qualify towards the Program. No private label products shall qualify for Points under the Program.
The amount of Points earned for the purchase of Qualified Products is subject to be changed at any time by Medicom for any reason or no reason without notice.
“Medicom Authorized Dealer/Distributor” means the following:
Medicom authorized dealers and/or distributors who sell Medicom products to private practices in the United States and Canada and report sales data to Medicom on a regular basis.
Member Agreement Acknowledgment and Acceptance
By registering, enrolling and/or participating in the Program, Member agrees that the Member has read and understands each of the Terms and Conditions set forth (and as may be cross referenced) herein and will comply with each of the Terms and Conditions of the Program. Member acknowledges that these Terms and Conditions are subject to change at any time without notice.
INTELLECTUAL PROPERTY RIGHTS
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by AMD Medicom Inc., unless otherwise noted. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to AMD Medicom Inc. appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to AMD Medicom Inc. or any third party is strictly prohibited and will be prosecuted to the fullest extent of the law.
USE OF SOFTWARE
If you download software from this Site ("Software"), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.
BULLETIN BOARDS, CHAT ROOMS AND OTHER INTERACTIVE AREAS
AMD Medicom Inc. may provide bulletin boards, chat rooms and other interactive areas for its visitors to participate in. By accessing or using this website, you agree to abide by the following guidelines for use of the bulletin boards, chat rooms and other interactive areas of this website:
1. You must maintain a polite, pleasant environment. Comments that harass, abuse or threaten others are prohibited. You may not criticize other individual users or AMD Medicom Inc. or any of its affiliates.
2. You must ensure that all comments are appropriate for all audiences. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
3. You must keep your comments relevant to the stated topic.
4. Any conduct that, at AMD Medicom Inc.’s sole discretion, restricts others from using or enjoying the website is prohibited.
5. You may not advertise a business or service.
6. Copyrighted material may only be posted with permission of the author.
7. Harvesting or collecting information about others, including e-mail addresses is prohibited.
8. You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or to engage in, facilitate or encourage any illegal activities.
Users of the AMD Medicom Inc. bulletin boards, chat rooms and other interactive areas are solely responsible for the contents and consequences of the messages they communicate or post on this website. Users must exercise the utmost caution and discretion before providing any personal information on this website. Although AMD Medicom Inc. is not obligated to monitor the content or accuracy of information posted by other users, users acknowledge and agree that AMD Medicom Inc., at its sole discretion, has the right to monitor, without notice, any such content or information posted on this website. AMD Medicom Inc. also reserves the right, at its sole and absolute discretion, to prohibit or remove any conduct or content, without notice, for any reason, and to revoke any user’s membership, for any reason.
Users of this site are responsible for maintaining the confidentiality of their respective account and password and for restricting access to their computer. Users accept full responsibility for all activities that occur under their account or password. AMD Medicom Inc. does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use this website only with involvement of a parent or guardian. AMD Medicom Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
RISK OF LOSS
All items purchased from AMD Medicom Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to users upon our delivery to the carrier.
AMD Medicom Inc. makes every effort to ensure the accuracy of all product descriptions. However, AMD Medicom Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by AMD Medicom Inc. itself is not as described, the sole remedy is to return it in unused condition.
THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS
AMD Medicom Inc. respects the rights of intellectual property owners and asks that its users do the same. Authors who believe that their work has been copied in a way that constitutes infringement are asked to provide AMD Medicom Inc. with the following information, in the form prescribed by Section 512 of Title 17, United States Code:
1. An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. A description of the copyrighted work or works that has allegedly been infringed; 3. A description of the allegedly infringing material, including its location on the website; 4. His/her address, telephone number and e-mail address; 5. A statement to the effect that the author believes in good faith that the disputed use is not authorized by the copyright owner, its agent or the law; and 6. A statement by the author, made under penalty of perjury, that the above information is true and accurate and that the author is the rightful copyright owner or authorized to act on the rightful copyright owner's behalf.
AMD Medicom Inc. Copyright Agent for notice of claims of copyright infringement on its website is: AMD Medicom In. Attn: Office, 2555 Chemin de l’Aviation, Pointe-Claire, Quebec H9P 2Z2
Users and AMD Medicom Inc. understand and agree that: (1) AMD Medicom Inc. assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any interactive area on the website (including without limitation any bulletin boards, chat rooms, surveys on the website) by users or third parties, and (2) AMD Medicom Inc. is a publisher of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.
LINKS TO THIRD-PARTY WEBSITES
Links to third-party websites on this Site are provided solely as a convenience to users. By following these links, users will leave this Site. AMD Medicom Inc. has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, AMD Medicom Inc. does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. Users who decide to access any of the third-party sites linked to this Site do so entirely at their own risk.
AMD Medicom Inc. consents to links to this Web site in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with AMD Medicom Inc.; (c) imply that AMD Medicom Inc. approves or endorses a user, a user’s website, or a user’s service or product offerings; and (d) present false or misleading impressions about AMD Medicom Inc. or otherwise damage the goodwill associated with the AMD Medicom Inc. name or trademarks. As a further condition to being permitted to link to this site, users agree that AMD Medicom Inc. may at any time, at its sole discretion, terminate permission to link to this Web site. In such event, user agrees to immediately remove all links to this website and to cease using any AMD Medicom Inc. trademark.
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. AMD Medicom Inc. further does not warrant the accuracy and completeness of the materials or services at this Site. AMD Medicom Inc. may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and AMD Medicom Inc. makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. No advice or information, whether verbal or written, obtained by users from AMD Medicom Inc. or in any manner from this website shall create any warranty.
LIMITATION OF LIABILITY
IN NO EVENT WILL AMD Medicom Inc., ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, USERS ASSUME ALL COSTS THEREOF. USERS’ SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL USERS.
INTERPRETATION OF DISPUTES
RISK OF LOSS
All items purchased from AMD Medicom Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to users upon our delivery to the carrier.
PRIVACY AND SECURITY
Users recognize and agree that when submitting personally identifiable information to Company websites, while Company has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, AMD MEDICOM INC. SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF COMPANY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILI TY OF SUCH DAMAGES, COMPANY DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.