TresMonet Beauty Memberships

Last Updated: 7 September 2018

  1. Membership & Eligibility

The TresMonet rewards Program (“Program”) is a free rewards program offered by TresMonet USA, Inc. (“TresMonet”) to its customers located in the U.S. and Canada, UK, UAV, Spain and affiliated countries.. Membership to the Program (“Membership”) is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of TresMonet and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 13 years or older and a legal resident of the United States or associated Country to be eligible for Membership. Eligible minors must obtain their parent’s or legal guardian’s consent prior to participation.

BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”). NO PURCHASE IS NECESSARY TO BECOME A BEAUTY CONSULTANT TM INSIDER.

Affiliates of TresMonet (e.g. TresMonet France) may also have similar customer programs. Membership in the Program does not confer any rights or benefits in the program of any other TresMonet affiliate.

You may request a Beauty Consultant TM card upon enrollment in the Program online. The Beauty Consultant TM is not a credit card, gift card or other prepaid or stored value card. It is a membership card for the Program. Points earned under the Program are not stored on the Beauty Consultant TM Card and you do not need a Beauty Consultant TM Card to shop at TresMonet or to accumulate points. Beauty Consultant TM Cards s are non-transferable.

  1. Earning and Redeeming Program Rewards

All members are automatically Insiders upon enrollment. Achieving VIP status requires a minimum spend per year, as explained below.

Under the Program, for every U.S. or international dollar spent (as applicable based on country of purchase) on TresMonet merchandise online at www.TresMonet.com or www.TresMonet.ca., in TresMonet affiliate retail stores, in U.S. (only on TresMonet merchandise and only if you use your registered Beauty Consultant email on your order), you will receive 1 Beauty Consultant point as an Insider, 1.25 Beauty Consultant points with VIP status, or 1.5 Beauty Consultant points

You must provide your Beauty Consultant registered e-mail address or present your Beauty Consultant TM number to have any points credited to your Beauty Bank.

Any reference to “merchandise” or the value of “merchandise” in these Terms for purposes of collecting points includes all TresMonet products sold online, in TresMonet retail stores, in U.S. TresMonet inside retail stores and online but only on TresMonet products and only if you use your registered Beauty Consultant email address for the order).

You can view your current point balance, as well as any point activity in your Beauty Bank. To view your Beauty Bank balance online, simply log in to your online account. Your Beauty Consultant page is your destination for everything Beauty Consultant related including to view year-to-day activity or current points balance.

To see your “Dollars Saved” from seasonal promotions and offers only at TresMonet stores or on www.TresMonet.com (and your employee discount savings if you are a TresMonet employee); to redeem rewards (“Rewards”) and gifts and learn about your Beauty Consultant benefits. This page can be accessed by logging into your online account at TresMonet.com/about-TM-insider.

Points may be redeemed for Rewards to be determined by TresMonet in its sole discretion. Rewards are typically deluxe product samples, product bundles or experiences

Points have no cash value and can only be redeemed for Rewards. TresMonet may, in its discretion, allow points to be redeemable for other items of merchandise from time to time. However, points are never redeemable for cash, for another product (unless expressly permitted by TresMonet), for gift cards or for e-gift certificates and cannot be used as payment for any in-store services

  1. The Rewards Offers

TresMonet may offer Rewards through the Beauty Consultant Rewards emails in exchange for a certain number of accrued points ranging from 50 points to 100,000 points from time to time and at its sole discretion. When logged into your Beauty Consultant account, you can add Rewards to your online basket from the Rewards Bazaar or during the checkout process. When shopping in store, the rewards is available at the online register when you check out.

The Rewards Program offers are for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Reward are limited, and client must be a registered Beauty Consultant in order to redeem Rewards Bazaar offers. Beauty Consultant members may only redeem one of each Reward per transaction and, cannot redeem more than 10 of any one unique Reward SKU per year. You must have the sufficient number of Beauty Consultant points available at time of redemption. Points will be deducted at time of redemption.

Rewards available for redemption in store do not require a merchandise purchase. Rewards valued at 50 points to 749 points and all electronically fulfilled Rewards require a merchandise purchase if redeemed online. Shipped Rewards valued from 750 points up to 100,000 points offered online do not require a merchandise purchase and are provided with free standard shipping. Rewards valued from 750 points to 100,000 points redeemed without a merchandise purchase are not eligible for free samples and cannot be used in conjunction with any other promotion codes or discounts during checkout. Always check the details on a Reward to confirm if it is eligible for free shipping.

Beauty Consultant points will be re-credited if a Reward valued from 750 points to 100,000 points is cancelled by TresMonet.

Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for points, cash, another product, gift card or e-gift certificate. TresMonet is not responsible for lost, stolen or damaged Rewards. TresMonet and TresMonet brands are not responsible for any taxes incurred by clients or guests. Rewards can only be redeemed in online store or shipped to addresses in the US or approved affiliate countries. Some Rewards may only be available to residents of a particular country (e.g., U.S. only or Canada only). Employees of TresMonet, TresMonet inside Brick and mortar are not eligible to redeem any Rewards valued from 750 points to 100,000 points. Rewards are subject to change, alteration, substitution, or termination by TresMonet in its sole discretion at any time. See specific Reward offers for any additional terms and conditions.

Rewards can be redeemed online with a purchase of additional merchandise from TresMonet or in store without a purchase.

Rewards are available with point redemption on a first-come first-served basis while supplies last and substitutions by TresMonet may occur. Quantities of each Reward are limited. If your online order is not completed during the same visit, the Rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem a Reward during checkout. Due to the limited nature of the Rewards, we regret that we are unable to re-ship Rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event a Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact TresMonet customer service via email at customerservice@TresMonet.com or visit your local TresMonet store internationally Otherwise, Rewards may not be returned or exchanged.

  1. Very Important Beauty Consultant (VIP)

Very Important Beauty Consultant (VIP) status is conferred on those registered Beauty Consultant members who spend a minimum of $1350 on merchandise online, in U.S. and Canadian TresMonet stores, VIP status is good for the calendar year in which the Beauty Consultant member qualifies and the following full calendar year; after that, annual requalification is required. TresMonet may, in its sole discretion, alter, limit, or modify the VIP tier rules, regulations, benefits, eligibility for membership, or any other feature of the VIP tier or may terminate the VIP tier at any time in its sole discretion, without prior notice.

As part of the tier benefits, VIP members receive 1.25 Beauty Consultant points for every U.S. or Canadian dollar spent (as applicable based on country of purchase) on merchandise and have access to exclusive Rewards such as full-size products (limited quantities, while supplies last).

  1. Free Shipping Offer and FLASH Shipping

All TresMonet members will receive free standard shipping on all online purchases in the U.S. and Canada. Offer not valid on international shipping. Not valid for cash or cash equivalent. No adjustments on previous purchases. Offer is non-transferable. Offer subject to change, alteration, or termination by TresMonet in its sole discretion at any time.

As a TresMonet member in the US, you can opt in to unlimited, free 2-day FLASH Shipping on www.TresMonet.com/flash. No minimum purchase is required. FLASH Shipping is not available in Puerto Rico or Canada. All Beauty Consultant members can purchase FLASH for $15/yr.

  1. Order Cancellation

Beauty Consultant Rewards less than 750 points are shipped with merchandise orders. If the item that is cancelled from your order drops your points balance below the required points to redeem the reward, you will still receive the reward as long as other merchandise is being shipped. Points will be deducted from your account for the reward. It is possible your account could have a negative balance if you do not have enough points in your account because of the item cancellation. If your entire order is cancelled, any Consultant Reward less than 750 points will not ship because a merchandise purchase is required.

Samples, Sample Bags and all other promotional items are shipped with merchandise orders only. If part of your order is cancelled, the Samples, Sample Bag and/or other promotional items in your order will ship with the rest of your merchandise order. If your entire order is cancelled, the Samples, Sample Bag and other promotional items will not ship because a merchandise purchase is required.

  1. Point Expiration

It’s our hope that you redeem your points on a regular basis. All unredeemed points shall expire when a program member has not engaged in point activity associated with that membership account (through purchase or redemption) for 18 months or more. If you have questions regarding the date of your last point activity or your last purchase, you may email Customer Service at customerservice@TresMonet.com .

  1. Agreeing to TresMonet’s Privacy Policy & Email

TresMonet values your privacy. BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY TRESMONET’S PRIVACY POLICY AND TERMS OF USE. PLEASE SEE TRESMONET’S PRIVACY POLICY AND TERMS OF USE AT WWW.TRESMONET.COM.

If you apply for Membership in the Program at a TresMonet you exercise your Membership privileges at a retail overseas store, the personal information collected from you will be used and disclosed by TresMonet as indicated in its Privacy Policy and Terms of Use, but TresMonet will also need to share that personal information TresMonet Beverly Hills Corporate offices so you can enjoy the benefits of your Membership and the Program at any online store that carries the TresMonet Brand.

  1. Communications with TresMonet

By submitting an application for Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from TresMonet. By signing up to join the Program, you will automatically be subscribed to receive Program emails.

  1. Opting Out of Communications with TresMonet

If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at www.TresMonet.com or www.TresMonet.ca or by emailing Customer Service at customerservice@TresMonet.com.

  1. Changes, Termination And/Or Removal From Program

TresMonet may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the TresMonet website. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

TresMonet reserves the right to exclude individuals from the Program or remove points from a member’s Beauty Bank in its sole but reasonable discretion. In particular, any abuse, manipulation or “gaming” of the Program or its rules (as determined by TresMonet), failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of TresMonet not otherwise protected by law may subject members to Membership revocation or deduction of points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. TresMonet reserves the right to make changes to its Web site and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TRESMONET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON TRESMONET’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM TRESMONET AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

  1. Copyright

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 2017-2018 TresMonet USA, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of TresMonet and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of TresMonet or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials – including reproduction, modification, distribution, republishing, transmission, display or performance – without the prior written permission of TresMonet is strictly prohibited.

  1. Trademarks

TresMonet.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of TresMonet and may not be used in connection with any product or service that is not offered by TresMonet in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TresMonet. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

  1. Resolving Disputes

If a dispute should arise between you and TresMonet, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by emailing Customer Service at customerservice@TresMonet.com

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND TRESMONET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

  1. Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and TresMonet agree to resolve any claims relating to this Program through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate TresMonet’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances TresMonet may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Program shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or TresMonet must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and TresMonet will pay all other administrative costs and fees. In addition, for claims of less than $1,000, TresMonet will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and TresMonet, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Program terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and TresMonet.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and TresMonet in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TRESMONET WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing TresMonet at arbitrationoptout@TresMonet.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Program terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Program.

  1. Choice of Law/Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Program Terms shall be governed by and construed in accordance with the laws of the State of Louisiana, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Orleans Parish/County, Louisiana This provision does not apply to residents of New Jersey.

  1. Severability

The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by TresMonet, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

  1. Additional Information on the Program

If you have any questions regarding the Program, you may email Customer Service at customerservice@TresMonet.com.