Kichler LightPro™ Rewards Program Account Terms and Conditions
Effective April 1, 2020
These Kichler LightPro Rewards Program Account Terms and Conditions (the “Terms”) set forth the terms and conditions of Kichler Lighting LLC’s (“Kichler”) LightPro Rewards Program for participating professional landscape lighting contractor companies (the “Program”). The Kichler LightPro Rewards Program is an OnDemand program. OnDemand is a registered trademark of HMI, Inc located at 57 Providence Highway, Norwood, MA 02062 ("HMI").
Your participation in the Program is voluntary. By enrolling in the Program, you, the professional landscape lighting contractor company (“Member”), agree to these Terms as amended by Kichler, in its sole discretion, from time to time and any additional terms provided to you. You should check these Terms periodically for changes, as your continued use of the LightPro Rewards Portal (“ Rewards Site”) after changes to these Terms are posted means you are agreeing to accept those changes, whether you have reviewed them or not. These Terms may be supplemented by additional terms and conditions. Additional terms, conditions and other program guidelines will be provided on the Rewards Site and/or kichler.com, and are hereby incorporated by reference into these Terms.
Professional landscape lighting contractor companies in the United States and Canada who purchase Kichler landscape lighting from participating distributors are eligible to participate in the Program. Member and its affiliates and subsidiaries will be considered a single Member for the Program.
Program membership is assigned to a company, not an individual. Consequently, employees of participating companies are not eligible to participate as a Member. However, all purchases of eligible Kichler products by Member’s employees are eligible for Reward Points, as defined below.
Members must satisfy all Program eligibility requirements as set forth in these Terms during the entirety of the applicable promotion period. Kichler reserves the right, in its sole discretion, to determine Program participation eligibility.
One individual per company may sign-up to be a Member of the Program by completing one of the following registration methods:
- Send an email to firstname.lastname@example.org including the following information:
- Company name;
- First and last name of owner, principal, or CEO along with title;
- Shipping address;
- Phone; and
- List of your top 3 distributors and their location
- Visit www.lightprorewards.com and complete the online form.
Each Member must assign a custodian, who is eighteen (18) years or older, to its Program account. The custodian must be the owner, principal, or CEO of the company, or someone assigned by the owner, principal, or CEO to serve as the custodian. If the custodian role is assigned, the owner, principal or CEO must inform Kichler by email at email@example.com of the name of the assigned custodian. The custodian is the main contact person and manager of the Program account. The custodian is the exclusive recipient of the Reward Points and any Reward Items redeemed as part of this program and, therefore, may use or disperse the Reward Items, as defined below, at his or her sole discretion.
Member Program Responsibilities
- Your Membership submissions must be approved by Kichler prior to Member being eligible to participate in the Program.
- Member must purchase eligible Kichler landscape lighting products (“Qualified Purchases”, as further defined below) from the participating distributor(s) and Member’s account must remain in good standing with the distributor(s) during the entirety of the applicable promotion period to receive Reward Items and Trip Credits, as defined below. Member is responsible for informing the distributor of Member’s participation in the Program and requesting that the distributor report Member’s Qualified Purchases to Kichler.
- Member is responsible for keeping its Program account information up to date.
- Member is responsible for keeping Kichler informed of the names of the participating distributor(s) from whom Qualified Purchases are made.
- Member is responsible for ensuring Qualified Purchases are reported to Kichler and informing Kichler of any non-Reported Dollars, as defined below.
- Member agrees to receive regular updates on products, programs and other Kichler information.
- Member is required to read and agree to these Terms.
Rewards Site Access
Your access to this Site is at the sole descretion of Kichler.
Eligible Kichler Landscape Lighting Product
“Qualified Purchases” shall include landscape lighting and accessory SKU numbers found in the Kichler catalog with SKU numbers 15000 through 18000 only.“Qualified Purchases” shall not include outdoor lighting, non-landscape lighting or accessory SKUs such as outdoor ceiling fans or decorative lighting. Qualified Purchases also shall not include wire and/or cable SKUs even if those SKU numbers are 15000 through 18000.
Member Qualified Purchases must be reported to Kichler by participating distributors as Reported Dollars, as defined below. Members are eligible to receive Reward Points that can be redeemed for Rewards Items using the online program catalog provided on the Rewards Site.
Reward Point Issuance:
Reward Points will be issued on a monthly basis as authorized distributors submit Member’s Reported Dollars. Prior month purchases are to be provided on or before the 15th of the following month. Rewards Points are awarded once the files have been received and fully processed. Kichler reserves the right to request additional information and invoices to validate Qualified Purchases before awarding Reward Points.
All Reward Point values displayed on the Rewards Site are for Program administration purposes only. Points have no cash or monetary value. Points cannot be used as payment for or credits against any obligations to Kichler. Member’s right to Reward Points accrue only upon redemption, and not at any time prior thereto. Unredeemed Reward Points are not obligations owing to you or property belonging to you and shall not in any circumstances be considered to have been abandoned or otherwise reportable or escheatable within the meaning of the abandoned property laws of any state or jurisdiction. If you are disqualified from further participation in the Program, all unredeemed Reward Points shall be unredeemable, and no additional points shall be available.
“Reported Dollars” are the amounts a Member is invoiced for Qualified Purchases as reported to Kichler by participating distributors. All Qualified Purchases made at participating distributors by all employees of Member company are combined and recorded as Reported Dollars under a single membership account. Reported dollars are combined from all participating distributors and accumulated throughout the applicable promotional period. A running total of Reported Dollars for the applicable promotional period will be recorded in each Member’s account. “Reported Dollars” shall not include sales tax, freight charges, ineligible Kichler landscape lighting products and non-landscape lighting products.
Distributors are required to report all transactions that result in negative Reported Dollar values (i.e. returns), as Member’s account will be adjusted as necessary. All Reported Dollar values will be rounded to the nearest dollar.
Each calendar year, one January 1st, the Reported Dollar value on Member’s Account will reset to zero.
By participating in the Program, each Member authorizes its participating distributors to submit records of Member’s Qualified Purchases to Kichler on its behalf. Member is responsible for reporting any inaccuracies in its Reported Dollars to Kichler.
Reported Points Calculations:
Points are awarded each month to members as they purchase qualified products from an authorized distributor throughout the year (“Reward Points”). As an incentive for Members to increase their annual purchases, a purchase goal will be established each year and loaded on their dashboard. Reaching this purchase goal will allow members the potential to earn additional Reward Points on purchases above that goal. Reward Points will be issued as follows:
- Earn 1-point per $1 on all qualified landscape lighting purchases
- Earn 3-points per $1 on all qualified landscape lighting purchases over the predetermined goal. New Members will not have a purchase goal established for the first year but opportunities to earn additional Reward Points may be available throughout the year.
- Reward Points are eligible to roll-over year to year in order to save up for aspirational high-ticket Reward Items
Tracking Your Points:
Member’s Reward Point balance is reflected on the "Account Summary" page of the Rewards Site and can be viewed at any time by logging in using your Member User ID and Password. Member must activate an account in order to see their point balance and history. Electronic Reward Point balance statements will also be emailed each month.
Provided the Member account is activated and in good standing, Member can redeem available Reward Points for their choice of items from the online rewards catalog (“Reward Items”) at any time. Reward Items may include electronics, merchandise, digital downloads, adventures and local experiences, and/or the Kichler Fun in the Sun Trip (“Trip”).
You may redeem Reward Points for Reward Items currently featured on the Rewards Site at the time of redemption. Shipment times vary and are noted on the Rewards Site upon redemption. There may be specific terms that are applicable to a Reward Item, so review those additional terms that are presented to you at the point of redemption prior to completing your redemption request. When redeeming Reward Points, Member will not be able to redeem for any awards that exceed their current Reward Point balance.
Reward Points are available for redemption throughout the promotional period and have no cash equivalent. To redeem Reward Points, log in using your User ID and Password and browse the online rewards catalog. Add your chosen Reward Items to the shopping cart and check out when ready. Member will receive an acknowledgement of the Reward Points redemption and be prompted to complete or confirm shipping information. The Reward Points redemption confirmation number will be provided after Member completes the shipping confirmation. Be sure to print and retain a copy of this for future reference.
Kichler reserves the right to correct errors made to Member’s Program account. Reward Items and Reward Points are non-transferrable. The Program, Reward Items, and Reward Points are void where restricted or prohibited by law.
Reward Items that do not include travel will be delivered within 2 to 4 weeks of the redemption. A minimum of three weeks advance notice is required to book travel Reward Items. If Member has any questions about a potential Reward Item, contact HMI’s Client Services group at 800-989-7601 or by email at firstname.lastname@example.org.
LightPro™ Membership Levels:
Reported Dollars are combined from all participating distributors and accumulated throughout the promotional period. The final cumulative Reported Dollars value will determine the membership level for the upcoming calendar year/promotional period. Once a Member’s membership level is determined, Member is entitled to all the rewards, benefits, and privileges of that membership level for the upcoming calendar year/promotional period. Membership levels may change from year to year and will be recalculated and awarded annually. The achievement criteria and rewards available for each membership level are listed at www.lightprorewards.com or by request to email@example.com.
Logos, Trademarks and Symbols
Member agrees that the Kichler logo, the LightPro logo and all other Kichler trademarks, logos and trade names are the exclusive property of Kichler, may not be altered in any way or assigned, and may only be used as authorized by Kichler, which authorization may be terminated by Kichler at any time. Member privileges, including the use of the Kichler and LightPro logos, is only available to Members who have achieved a certain level of LightPro membership. The achievement criteria and rewards available for each membership level are listed at www.lightprorewards.com or by request to firstname.lastname@example.org. See Kichler Brand Guidelines for logo usage instructions.
Status of Distributor and Member
Distributor and/or Member are independent entities from Kichler. Nothing in this Agreement will be construed to make a distributor or Member the agent, employee, franchisee, partner or legal representative of Kichler. A distributor and/or Member shall not make any representations on Kichler’s behalf to others regarding the Program. Kichler assumes no responsibility or liability for the work or statements of any distributor or Member. A distributor and/or Member shall not engage in any deceptive, misleading, illegal or unethical practice in participating in the Program. In addition, a distributor and/or Member shall not make representations, warranties or guarantees to customers with respect to the specifications, features or capabilities of the Kichler products that are inconsistent with literature distributed by Kichler.
Fees and Taxes
Any and all fee and Federal, State, or Local income tax obligations arising from Member’s receipt or use of Reward Points/Items is the sole responsibility of Member. To the extent required by applicable law, Member will receive an IRS Form 1099 for the value of the Reward Items received. For example, checks and non-promotional, non-business rewards may by taxable, requiring issuance of Form 1099. It is recommended that Member consult its tax advisor for complete information regarding fees and taxes related to the Program. Member shall be required to reimburse Kichler for the amount of any tax, tariff, duty or assessment Kichler is obligated to pay or collect in connection with Member’s participation in the Program.
Consent to Contact Member
By participating in the Program, Member agrees and consents to Kichler sending all notices, approvals, consents, and other Program communications to Member at the mailing address and/or e-mail address associated with Member’s account. This consent shall be deemed to also apply to and be given by Member’s subsidiaries and affiliates at any of the addresses or numbers associated with Member’s Account. Agreeing to these Terms creates an “Existing Business Relationship” as that term is used in Federal and State legislation between Member and Kichler related to unsolicited telephone and other communications.
Kichler may amend the terms of the Program and/or these Terms at any time without prior notice. This means, for example, that we may change the minimum Reported Dollars threshold for Reward Items, or the number of Reward Points required to redeem for the Trip. The most up-to-date version of the Agreement will be posted on Kichler’s website at kichler.com. Unless otherwise indicated, amendments will apply to any Rewards Points or Reward Items accrued and/or awarded under the Program after the effective date of the Amendment. Kichler reserves the right to final interpretation of the Rules.
A Member may terminate its participation in the Program at any time. Kichler may also terminate or suspend any Member’s participation in the Program without prior notice: (1) if Member fails to make Qualified Purchases for a period of 12 consecutive months or (2) for cause. “Cause” shall be deemed to exist if: (a) Member fails to comply with these Terms or any other agreement with Kichler or a distributor; (b) Member submits altered or fraudulent invoices in connection with the Program; (c) Member acts in a manner that is inconsistent with the intended purpose of the Program or (d) Member acts in a manner that Kichler reasonably believes may have an adverse effect on Kichler’s reputation. Accrued Reward Points will be forfeited upon termination.
We reserve the right to disqualify any Member and remove all associated Reward Points if, in our sole discretion, Member violates the laws of the United States or any country in which Member resides, works, or operates or if Member has repeatedly shown a disregard for, or attempts to circumvent, these Terms. If a Member is suspected of fraud or other unlawful conduct, we will, at a minimum, place a hold on the Member’s Account during a review period. Kichler Lighting and HMI reserves the right, at their discretion to rectify any transaction or redemption for any error or omission.
Kichler Program Termination
Kichler may terminate the Program at any time by providing notice to Member at least 45 days in advance of the termination date. Such notice may include posting notice of Program termination on Kichler’s website at kichler.com. Kichler will honor any “Fun in the Sun” Trip redemptions earned as of the date of termination. Kichler shall determine, in its sole discretion, any of Member’s rights hereunder to Reward Items, including that Kichler may deny Member all or part of the Reward Items or trip participation for any reason, including where Kichler determines that any actual, perceived, or potential conflict of interest exists, or if Kichler determines that Member’s presence or conduct could create a conflict of interest or may be detrimental to Kichler’s business or reputation.
These Terms will be governed and construed in accordance with the laws of Ohio, without reference to its conflict of law provisions.
Member may not assign, delegate or otherwise transfer (by operation of law, merger or otherwise) any right or obligation under these Terms to others without Kichler’s prior written consent, which it may withhold without cause.
These Terms constitute the entire agreement between Kichler and Member with respect to its subject matter and supersedes all prior discussions and agreements between them regarding the Program. In the event of any conflict between these Terms and any other documentation regarding the Program, these Terms shall control. Kichler is not liable for errors or omissions made by its employees or agents in the printing of the Agreement or other related materials, or for errors or omissions made by its employees or agents in interpreting or executing the terms and conditions of the Program. Kichler is not affiliated with any of the suppliers of the Program’s rewards and does not endorse or guarantee any of the products or services offered by the suppliers.
Any controversy or claim arising out of or related to these Terms or the Program shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. The parties understand and agree that they are waiving their right to a trial before a judge or jury. Arbitration between the parties shall be held in Cuyahoga County, Ohio.
No Third-Party Beneficiaries
These Terms are for the benefit of Kichler, HMI, and Member. No other person or entity has any rights under these Terms.