RULES AND REGULATION GOVERNING THE PROGRAM

EFFECTIVE DATE: December 22, 2023 (the “Effective Date”)

PLEASE READ THESE PROGRAM RULES AND REGULATIONS (THE “RULES”) CAREFULLY. BY PARTICIPATING IN (INCLUDING WITHOUT LIMITATION REGISTERING FOR) THIS PROGRAM ON OR AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THESE RULES. IF YOU DO NOT AGREE TO ALL OF THESE RULES, YOU MAY NOT PARTICIPATE IN THIS PROGRAM.

1. Eligible participants are defined as salon owners or independent operators within a salon operating business in Canada (each, an “Eligible Member”). For greater certainty, in order to participate in the program, an Eligible Member must be operating as a business in Canada. The program is not open to individuals/natural persons (unless the participant is operating as a business and purchases eligible products solely for his/her business), non-business consumers, or to any individual/natural person acting for personal, family or household, purposes. The program is not open to consumers (including without limitation a “consumer” as such term is respectively defined and used in the Quebec Consumer Protection Act and Ontario Consumer Protection Act) who purchase eligible products.

2.The program is offered by Henkel Canada Corporation (“Joico Canada”). As of December 31, 2023, this program will be terminated (including without limitation that as of December 31, 2023, Eligible Members will no longer be able to earn additional points in this program). However, the points earned by an Eligible Member on or before December 31, 2023 may be: (I) transferred to Henkel Rewards Program (the “New Program”) in accordance with these Rules (an “Eligible Transition to the New Program”); or (II) redeemed in accordance with these Rules prior to an Eligible Transition to the New Program or March 31, 2024, whichever occurs earlier (the “Limited Redemption Period”). Without limiting the foregoing, an Eligible Member’s points cannot be redeemed after the Limited Redemption Period, and in any event all unredeemed and/or non-transferred points will be cancelled and void as of March 31, 2024.

To give effect to an Eligible Transition to the New Program, an Eligible Member must: (a) register for the New Program between January 1, 2024 and March 31, 2024 in accordance with the New Program’s Terms and Conditions that will be made available on December 1^st, 2023 (the “New Program Terms and Conditions”); and (b) such registration must be completed using the same email address that is associated with the Eligible Member’s account registered with this program.

Upon fulfilling an Eligible Transition to the New Program (as determined by Access Joico it its sole discretion on the primary basis of its official records): (i) each point that is currently associated with the Eligible Member’s account registered with this program will be automatically multiplied by sixteen (16) and then converted to Points (as this term is defined in the New Program Terms) that can be used in connection with the Eligible Member’s Account (as this term is defined in the New Program Terms) under the New Program (subject to the limitation that, notwithstanding any other provision in these terms and/or the New Program Terms, such transitioned Points will expire (12) months after the calendar month in which they were credited to the Eligible Member’s Account); (ii) and, notwithstanding any other provision of these Rules, the Eligible Member will no longer be eligible nor permitted to participate in this program.

It is each participant’s sole responsibility to ensure they comply with these Rules (including without limitation ensuring hey are an Eligible Member) at all times while participating in the program.

3. To participate in the program, an Eligible Member must first register for the program prior to December 31, 2023.  An Eligible Member can register for the program online at www.accessjoico.ca. Please note that you will be asked, during the registration process, to identify the name of the authorized Canadian distributor (a “Distributor”) from which you purchase Eligible Products (defined below), so please have that information available.

4.There is a limit of one (1) registration per Eligible Member. Any additional registrations will be cancelled by Joico Canada. There is a limit of one (1) Distributor per Eligible Member. Once registered for the program, an Eligible Member may earn Access Joico points solely in connection with the Eligible Member’s purchase of Eligible Products from its Distributor, subject to the requirement that such purchases must be completed on or before December 31, 2023 (for greater certainty, upon program termination as of December 31, 2023 it will no longer be possible to earn additional points in connection with the program).

5.The following are the “Eligible Colour Products” for the program: LumiShine products, Vero K-PAK products, Blonde Life products, Color Intensity products and brand introductory promotions. The following are the “Eligible Care & Styling Products” for the program: care and styling products including retail and back bar sizes of shampoos, conditioners, masques, treatments, finishing sprays, styling gels, foams, dry shampoo, texturizing sprays, thermal protectants, tint shots and cremes. Collectively, Eligible Colour Products and Eligible Care & Styling Products will be referred to as “Eligible Products”.

6. Subject to the limitation stated above (i.e. upon program termination as of December 31, 2023 it will no longer be possible to earn additional points in connection with the program), the number of points an Eligible Member can earn in connection with eligible purchases depends on the Eligible Member’s Access Joico Loyalty Level. The respective Access Joico Loyalty Levels are outlined in the following table:

Access Joico Loyalty Levels are determined: (i) based on an Eligible Member’s  purchase of Eligible Colour Products from its Distributor (before taxes, after the application of any applicable rebates or discounts and less returns) (and for greater the purchase of Eligible Care & Styling Products  are not considered as part of determining an Eligible Member’s Access Joico Loyalty Level); and (ii) every six (6) months (i.e. each June 30^th and December 31^st eligible purchases during the previous calendar year will be considered and the corresponding Access Joico Loyalty Level will be assigned to the Eligible Members for the following six (6) month period, subject to program termination as of December 31, 2023 and the Limited Redemption Period). 

Points earned by an Eligible Member are determined: (i) on the basis of its Access Joico Loyalty Level and its purchase of Eligible Colour Products and Eligible Care & Styling Products from its Distributor (before taxes, after the application of any applicable rebates or discounts and less returns) that are completed on or before December 31, 2023 (for greater certainty, upon program termination as of December 31, 2023 it will no longer be possible to earn additional points in connection with the program) in accordance with the following table; and (ii) every month (i.e. at the end of each calendar month; please allow at least fifteen (15) business days for processing before points are allocated to your account). 

7.Eligible Members will only be credited for qualifying purchases after successfully completing the registration process. Points will only be assigned for an Eligible Member’s monthly purchases made after registration beginning in the month in which they register.

8.All purchases are subject to verification by the Eligible Member’s Distributor at any time and for any reason. If a purchase cannot be verified or is not completed on or before December 31, 2023 (for greater certainty, upon program termination as of December 31, 2023 it will no longer be possible to earn additional points in connection with the program), then points are not allocated in accordance with such purchase. By participating in this program and/or the New Program pursuant to an Eligible Transition to the New Program, an Eligible Member gives its Distributor authorization to forward any relevant information in connection with the Eligible Member’s participation in the program (including without limitation product purchase information) to Joico Canada’s distributor management personnel, Joico sales representatives, Joico Canada and the independent company managing the loyalty program on Joico Canada's behalf.

9. Each Eligible Member agrees: (i) that it will only provide complete and accurate information (which for greater certainty must not in any way be false or misleading); (ii) will comply with Joico Canada’s requests to provide additional information as Joico Canada deems necessary to administer the program (including without limitation as may be required to give effect to an Eligible Transition to the New Program, if applicable); and (iii) to promptly update such information as it changes to ensure that it is kept accurate and complete. Each Eligible Member is solely responsible for the accuracy of all information that it provides in connection with the program, and for all activity that takes place in connection with its program account. In the event that an Eligible Member does not provide or update such information, or Joico Canada has reasonable grounds to suspect that an Eligible Member has not provided or updated such information, Joico Canada shall have the right, in its sole and absolute discretion, to terminate such Eligible Member’s participation in the program (including without limitation cancelling all of its points). It is each Eligible Member’s sole and absolute responsibility to keep the information associated with its account confidential and secure. In the event that an Eligible Member’s account is used without its consent or that it discovers any other breach of security, it agrees to promptly notify both Joico Canada and its Distributor House. Joico Canada and Distributors are not responsible for an Eligible Member’s failure to comply with this clause, or for any delay in shutting down its account after it has reported a breach of security. Each Eligible Member is solely responsible for any and all activities which occur under its account. All program participation is subject to verification at any time and for any reason.

10. Joico Canada reserves the right, in its sole and absolute discretion, to require proof of identity, eligible purchases (including without limitation original invoices, orders or receipts) and/or eligibility (in a form acceptable to Joico Canada – including, without limitation, government issued identification): (i) for the purposes of verifying an Eligible Member’s eligibility to participate in the program; and/or (ii) for any other reason Joico deems necessary, in its sole and absolute discretion, for the purposes of administering the program in accordance with these Rules. Failure to provide such proof to the satisfaction of Joico Canada within the timeline specified by Joico Canada may result in the termination of your participation in the program and the cancellation of your points.

11. Once the points are assigned, participants will have until the end of the Limited Redemption Period to access and use their points to order rewards (which are subject to availability at the time of redemption) online at www.accessjoico.ca. For greater certainty, as of the end of the Limited Redemption Period all unredeemed points will be cancelled and void without further notice. It is each Eligible Members sole responsibility to either complete an Eligible Transition to the New Program or redeem all of its points on or before March 31, 2024.

12. On or before the end of the Limited Redemption Period, Eligible Members will typically be notified every two (2) months of their points account status via a statement issued via email (any such statement is not official; Joico Canada’s official records will govern in the event of any inconsistency with a statement). Participants may also verify their points by accessing their account online on or before the end of the Limited Redemption Period.

13. Eligible Members must remain “active” in the Access Joico Loyalty Program to continue to earn points before program termination as of December 31, 2023 and redeem points before the end of the Limited Redemption Period. If an Eligible Member does not spend $1,999 in any consecutive six month period, then the Eligible Member will be considered “inactive” (and, for greater certainty, points redemptions do not count towards such minimum spend requirement).

14. Eligible Members who are considered “inactive” may be removed from the program at the discretion of Joico Canada. Subject to the end of the Limited Redemption Period, if an Eligible Member is removed from the program due to being “inactive”, they will be notified by Joico Canada and will have 90 days from the date of the notification to redeem all outstanding points. After this 90-day period, all remaining points will be cancelled. Once points are cancelled, they cannot be used or reclaimed by Eligible Member - no exceptions.

15. Eligible Members may also be removed from the program at the discretion of Joico Canada without notice and with immediate cancellation of all outstanding points for the following reasons: bankruptcy or other business closure, Eligible Member’s cessation of business with their Distributor, changes in ownership or controlling interest of the Eligible Member’s business.

16. Joico Canada, Distributors, Distributor Sales Consultants, Beauty Supply Outlets, Schools and employees of any of the foregoing entities cannot participate in the program to earn points.

17. Multiple salon locations cannot share the same program account. For the avoidance of doubt, in the case of a salon with multiple locations, each location must participate in the program separately. Points are:

• Awarded to only one Eligible Member
• Not redeemable for cash
• Non-transferable between Eligible Members
• Subject to verification at any time and for any reason
• Valid only while the Eligible Member is “active” in the program
• Valid to be redeemed before the end of the Limited Redemption Period (and thereafter any remaining points will cancelled and void).

18. Points are the only form of payment accepted for items in the Access Joico catalogue EXCEPT for items in the “BRAND NAME HOMEWARES”, “BRAND NAME ELECTRONICS,” “BRAND NAME FASHION/ACCESSORIES, “ BRAND NAME OTHER” categories, as well as specially marked items in the “EDUCATION” category. For these items only, a combination of a redemption of points and a credit card payment can be used. To process a payment using a combination of a redemption of points and a credit card payment, simply refer to your shopping cart once the item has been added. At the bottom of the page you will be able to allocate a specific amount of points to your items and the balance may be paid by credit card payment after proceeding to checkout. Visa and Mastercard are accepted through the Access Joico site. Please order carefully:

• For education purchases of merchandise items (such as booklets cannot be returned unless damaged during shipment (as verified and determined by Joico Canada in its sole and absolute discretion).
  • For education purchases applied to a “class” or “course”, refunds will only be granted upon cancellation of the event by Joico Canada or based on the specific refund/cancellation policies of the individual event.

It is the responsibility of the Eligible Member to read and understand the terms and conditions of any event purchased through the Access Joico program. For details on any education event, contact your Joico Education Manager.

Any issues arising from use of your credit card may result in cancellation of your order and your points will NOT be reimbursed. Any attempt to cancel payment on an approved order in a manner that does not comply with the specific refund/cancellation policies outlined here or described in the official policies of an individual event (as applicable) may result in cancellation of your Access Joico account and points.

19. Points will be redeemed in the order in which they are earned. All points earned in the program are subject to a rolling 18-month expiration policy, meaning that points earned in Month 1 will expire in Month 19 if they have not been used or cancelled and voided as of the end of the Limited Redemption Period. For example:

• A salon earned 6,000 points in May 2019
• If they redeem at least 6,000 points before November 2020, there will be no change to the salon account
• If they redeem no points before November 2020, the 6,000 points will expire and be deducted from their account
• If they redeem only 3,500 points before November 2020, only 2,500 points will expire and be deducted from their account

20. Any discrepancies in points statements or online points account information must be reported within two (2) months from the receipt of the last Statement or by March 10, 2024 (whichever is earlier). If notification is not received within such time, then no adjustments will be made. Eligible Members must contact the Access Joico Customer Service Centre at 1-844-426-0976 to report any discrepancies.

21. Prior to the end of the Eligible Member’s Limited Redemption Period, its points may be redeemed for any Joico product, salon merchandising materials, in-salon or on-location education, luxury gift items as is identified in the online Rewards Catalogue at www.accessjoico.ca (which are subject to availability at the time of ordering).

22. Reward ordering policy – your Reward Order Total must use a MINIMUM of 3,500 total points when ordering, or your order cannot be processed. The 3,500 total points can be made up of more than one (1) reward item to meet the minimum total points required of 3,500.

23. All rewards offered are subject to availability at the time of ordering (if unavailable, the order will be cancelled and the applicable points will be returned to the Eligible Member’s account add).

24. Rewards may not be exactly as described or pictured. Although we strive for accuracy in copy, photos and specifications, unintentional errors may occur. Joico Canada reserves the right, but does not have an obligation, to correct any errors.

25. Joico Canada reserves the right to adjust rewards point requirements up or down at any time and for any reason, including without limitation to reflect actual manufacturers’ price conditions at the time of order, without notice.

26. Rewards will only be delivered to an address in Canada. Rewards will be delivered by courier and will require a signature to confirm receipt – a signature is mandatory. Therefore, when ordering please provide a delivery address where a signature can be provided. Rewards will not be delivered to a Post Office Box or Rural Route address.

27. Most product and salon merchandising reward items will be delivered to the Eligible Member within 2-3 weeks of ordering. However, due to factors such as reward availability, weather and remote delivery locations, please allow up to 6 weeks for delivery. If your reward does not arrive within 6 weeks, please contact the Access Joico Customer Service Centre at 1-844-426-0976 for information.

28. Please order carefully – merchandise rewards cannot be returned, unless damaged during shipment. Please review your reward selection very carefully before ordering. If you have any questions about the rewards offered, please call the Customer Service Centre at 1-844-426-0976 to clarify any questions or issues you may have, before ordering.

29. Merchandise rewards are covered by normal manufacturers’ warranties only. Joico Canada does not provide any additional warranties. Warranty claims must be made directly with the manufacturer. Warranty information is included with all electronic/appliance rewards – review the warranty instructions carefully, and follow exactly as specified, or the warranty may be invalidated.

30. Salon merchandising, and electronic/appliance rewards are manufactured and/or provided by independent suppliers. Joico Canada and its program administrator, Hannah Promotions Inc., do not make any guarantees, warranties or representations of any kind, expressed or implied, with respect to rewards. Joico Canada and Hannah Promotions Inc. shall not be liable for any injury, damage, or loss to person or property of any expense, accident or inconvenience that may arise in or from the selection of any rewards provided in the Access Joico program. Without limiting the foregoing and for greater certainty, by participating in the program, each Eligible Member hereby agrees to all times (including without limitation following the termination of this program) release, indemnify and hold harmless Joico Canada, Hannah Promotions Inc. , each of their parent companies, subsidiaries, affiliates, and suppliers and any other third party that may from time to time participate in the administration or operation of the Program (including without limitation the Distributors), and each of their respective officers, directors, agents, representatives, employees, successors and assigns (collectively, the “Releasees”) from any claim, loss, liability, claim, demand, damage, cause of action or expense asserted by any entity relating in any way to the program, participation therein and/or the use/misuse of any points or reward items. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL ASPECTS OF THE PROGRAM ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

31. Merchandise rewards may be considered taxable benefits. Eligible Members must check with their accountant regarding potential tax implications. The payment and reporting of any personal federal and or provincial income tax arising from the receipt of rewards is the sole responsibility of Eligible Members.

32. It is the responsibility of each Eligible Member to immediately contact the Access Joico Customer Service Centre at 1-844-426-0976 to advise of any change in its address, email address, salon/business name, and or any other information provided in connection with the program. Reporting these changes will be very important to ensure Joico Canada can continue to properly credit Eligible Members for points earned.

33. Joico Canada is the final authority as to the interpretation of these Rules. The decisions of Joico Canada with respect to all aspects of this program are final and binding on all Eligible Members without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Eligible Members, qualifying purchases, points earned and/or redemptions. Joico Canada reserves the right to disallow points and disqualify Eligible Members, if Eligible Members do not comply with these Rules. Joico Canada, reserves the right to change, amend, modify, or suspend this program, including any part of these Rules, at any time in Joico Canada’s sole and absolute discretion (subject only to notice requirements where required by applicable law). An Eligible Member’s continued participation in the program following such change, amendment, modification, or suspension will constitute its express consent to any change, amendment, modification, or suspension to these Rules or any other aspect of the Program. The participating authorized Distributors may be changed by Joico Canada in its sole discretion at any time and for any reason. Joico Canada may, but shall not be obligated to, provide thirty (30) days’ notice to Eligible Members if their Distributor is removed from the program. Subject to the Limited Redemption Period, in the event an Eligible Member’s Distributor is removed from the program, Joico Canada will transfer its points to the authorized Canadian distributor house that is responsible for such Eligible Member’s region (as determined by Joico Canada in its sole and absolute discretion) and it will become such Eligible Members new Distributor going forward.

34.  Any waiver by Joico Canada of the strict observance, performance or compliance by an Eligible Member with any provision of these Rules, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of Joico Canada as a result of any other failure to observe, perform or comply with the provisions of these Rules. No delay or omission by Joico Canada in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy. In the event that any provision in these Rules is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Rules. These Rules and any claim or dispute arising out of, relating to or in connection with these Rules or the program contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.