IN COMMON Pro Program Guidelines - Canada
When developing IN COMMON, we used that same unapologetic, feel-good ethos that we infused in 901 - to create a community that celebrates every stylist and every consumer for their perfect uniqueness. This brand was created with YOU, the professionals, in mind. We wanted to be able to give each artist the opportunity to provide their clients with the same incredible products and experience through IN COMMON.
With IN COMMON, we can all come together, have amazing hair and be a team. We invite you to become a “Pro” by joining our professional network which will give you access to wholesale pricing and exclusive tools and assets on pro.incommonbeauty.com.
In order to enroll as a Pro you must have a valid Cosmetology, Barbering or a Salon Business Operation license (collectively a “Professional License”). You will also be required to submit photo identification that evidences your full name which must match the name on the submitted Professional License. IN COMMON requires a digital copy of the Professional License that will be digitally stored upon verification. IN COMMON reserves the right to require additional professional documentation at any time. IN COMMON also reserves the right to reject any application for any reason, at its sole discretion.
After submitting the requested documentation, you will immediately receive an activation email from [email protected] and text message from (310) 923-7997 with a link to activate your Pro account and create a password. Your Pro account will not become effective until you have completed the steps outlined herein. Once you have successfully activated your Pro account you will have access to pro.incommonbeauty.com (the “Pro Website”) and professional pricing. If you are a Canadian Pro, IN COMMON will need to manually verify your salon professional information before you will be able to checkout and place an order.
Any orders submitted by you are subject to acceptance by us. We reserve the right, in our sole discretion, to edit all or a portion of your order and/or to limit the quantity and/or types of items in your order.
Your IN COMMON Pro status will be personal to you and may not be used by or for the benefit of any other person or entity. Your Pro status does not create any rights of exclusivity and does not constitute a joint venture, franchise, agency, sales representative, or employment relationship or partnership of any form between you and IN COMMON. All prices for items through your Pro status are exclusive of any federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments and will be charged to you at the time your order is accepted. Except as otherwise expressly provided herein, all orders are subject to our standard terms of sale (as the same may be revised or updated from time to time at IN COMMON’s sole discretion). The use of any of our copyrights, trademarks or service marks may only be used in connection with the promotion, marketing, advertising and sale of the products and expressly with IN COMMON’s prior written approval of each use. This includes, without limitation any advertising, marketing or promotion via digital, print or social media. You understand and agree that this is not a distribution arrangement and all products purchased or acquired through your Pro status shall solely and exclusively be for professional use and/or resale to end-user consumers. Without our prior written consent, you may not, directly or indirectly, undertake or permit distribution of our products by or through any person or entity that is a wholesaler, retailer or reseller, including any e-commerce market place (e.g., Amazon or similar). Distribution or sale of our products through any other channels outside of your authorized channel (including, without limitation unauthorized digital channels) is prohibited. All digital channels must be verified and adhere to the guidelines provided exclusively via Pro status. You also agree to take the following measures, using best efforts to prevent your consumers from engaging in further distribution or sale of the products, including not selling or delivering any products to any consumer reasonably likely to do so. Any backbar products or products marked as Not For Resale (“NFR”) as acquired as a result of a Pro status are intended for the personal and professional use by You and are not to be resold under any circumstances.
Without limiting any other rights or remedies, we, at our own discretion, may immediately terminate your Pro status if we believe in our sole discretion that you have violated any of the restrictions set forth. We will have no obligation to take or fulfill any orders after notice issued. In addition, if the member’s Pro status remains inactive for at least 6 months, it will be disactivated at discretion of IN COMMON. IN COMMON reserves the right to approve, deny or cancel your Pro status at any time, and at our sole discretion. IN COMMON reserves the right to change and/or update the Terms & Conditions and shall provide a notification of any material changes to all Pro status members through the email used for registration.
IN COMMON REWARDS PROGRAM
We have created a rewards program to incentivize and reward eligible Pros for purchasing our products sold through the Pro Website. Only Pros may participate in the Rewards Program and receive IN COMMON Dollars (as defined below).
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY PURCHASING IN COMMON’S PRODUCTS, EACH PRO IS ELIGIBLE TO BE ENROLLED INTO THE IN COMMON REWARDS PROGRAM, SUBJECT TO OTHER REQUIREMENTS SET FORTH HEREIN. BY PARTICIPATING IN THE REWARDS PROGRAM, THE PRO ALSO AGREES TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN, AS WELL AS ANY OTHER TERMS AND CONDITIONS THAT ARE INCORPORATED HEREIN BY REFERENCE, AS ANY OF THE SAME MAY BE UPDATED FROM TIME TO TIME. IF THE PRO DOES NOT AGREE WITH ALL OF THESE TERMS, THEN THE PRO MAY NOT PARTICIPATE IN THE REWARDS PROGRAM OR RECEIVE ANY OF THE BENEFITS OR REWARDS OF THE PROGRAM.
These Terms & Conditions apply to Pro’s access to, and participation in, the Rewards Program which is operated by IN COMMON in the contiguous United States of America and Canada. These Terms & Conditions do not alter in any way the terms or conditions of any other agreement Pro may have with IN COMMON for products, services or otherwise. IN COMMON reserves the right to change, modify, eliminate and/or discontinue all or any portion of the IN COMMON Dollars and/or these Terms & Conditions or any policy, FAQ, or guideline pertaining to the Rewards Program, and/or any Rewards thereunder, at any time and in its sole and absolute discretion. IN COMMON shall notify the Pros of any material change to the Rewards Program by sending a notification to the Pro’s registered email address. Any such changes or modifications will be effective immediately upon posting the revisions to pro.incommonbeauty.com unless otherwise specified in such posting. Pro’s continuing participation in the Rewards Program after any such changes or modifications confirms Pro’s acceptance of these Terms & Conditions, including any such changes or modifications thereto. Accordingly, Pro should review the Terms & Conditions and applicable policies (including any changes or modifications thereto) frequently to understand the terms and conditions that apply to the Pro relating to the Rewards Program, and any IN COMMON Dollars thereunder.
Participants in the Rewards Program are eligible to earn and accumulate IN COMMON Dollars that may be applied and/or redeemed to purchase IN COMMON products. To earn IN COMMON Dollars the Pro must make a purchase from the Pro Website. Every time the Pro places an order through the Pro Website the Pro will receive a credit of 20% of the total purchase order amount (the total purchase order amount only takes into account the price of the products on the Pro Website and no value shall be given to any shipping, handling, freight tax or other costs) which shall be deposited on the Pro’s account as IN COMMON Dollars.
IN COMMON Dollars may be used instantly once earned, however, IN COMMON Dollars may only be used to purchase not for resale products (“NFR”) on the Pro Website. Any NFR products purchased using IN COMMON Dollars must be labeled as “Not For Resale” and shall not be sold by Pro to consumers. In redeeming or applying any IN COMMON Dollars for products, each Pro understands and agrees that all products are subject to availability and other limitations. To the extent a member of Pro status made purchases prior to the implementation of the Rewards Program IN COMMON shall retroactively credit the Pro’s account with IN COMMON Dollars based on the Pro’s prior net purchases.
IN COMMON may, in its sole discretion, accept merchantable and resalable products for return by the Pro for any reason within fifteen (15) days after the Pro’s receipt of the product; provided, however, that any product returned to IN COMMON shall be subject to a restocking fee equal to 20% of the customer’s cost of the product (not including shipping and handling). Additionally, the Pro shall be responsible for any shipping and handling costs in connection with the return.
IN COMMON may cancel any or all aspects of the Rewards Program at any time, as long as we give you three months’ notice. Once the three months have passed, you'll no longer be able to earn or use IN COMMON Dollars for any aspect of the Rewards Program that has been cancelled. IN COMMON reserves the right to terminate a Pro’s account and/or a Pro’s participation in the Rewards Program if IN COMMON determines in its sole discretion that a Pro has violated these Terms & Conditions or that a Pro’s use of an account is unauthorized, deceptive, fraudulent or otherwise unlawful. IN COMMON may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. If we cancel a Pro’s Rewards Program account for any reason (including for death, bankruptcy or insolvency), the Pro will forfeit all IN COMMON Dollars in its Rewards Program account. There is no cash value for IN COMMON Dollars.
IN COMMON may refuse your request to use IN COMMON Dollars and/or may block your access to your account if your account is not in good standing. When you use IN COMMON Dollars, you release IN COMMON and all of its affiliates from liability from your use of such IN COMMON Dollars and your participation in the Rewards Program. All questions or disputes about eligibility for the Rewards Program, earning IN COMMON Dollars or the balance of a Pro’s Rewards Program account will be resolved solely by IN COMMON. It is the Pro’s responsibility to find out if it will be liable for any federal, state or local taxes as a result of earning or using IN COMMON Dollars.
IN COMMON Dollars are personal to a Pro, but are not the property of the Pro. Pros may not transfer, sell, assign, pledge or otherwise dispose of IN COMMON Dollars to any other person or entity. Moreover, IN COMMON Dollars may not be transferred by operation of law. Each Pro may have only one (1) account under the Rewards Program and may not combine the IN COMMON Dollars with any other incentives or discounts. The IN COMMON Dollars afforded under the Rewards Program are promotional and do not have any cash value upon expiration of the IN COMMON Dollar or termination of the Rewards Program or your account, nor can the IN COMMON Dollars be redeemed for actual cash.
Pro agrees to indemnify, defend and hold IN COMMON and its representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Pro of any of the Terms and Conditions or any violation by Pro of applicable law.
Except for willful misconduct or gross negligence on the part of IN COMMON, by participating in the Rewards Program, Pro releases IN COMMON, its subsidiaries, affiliates, suppliers, advertisers and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected Rewards Program or use of the IN COMMON Dollars.
These Terms & Conditions, the IN COMMON Dollars and the Rewards Program shall be governed by and construed in accordance with the laws of the State of Florida without regard to the principles of conflict of laws.
Any failure by IN COMMON any of its obligations, including for the fulfillment of any order for products will be excused in the event of an unforeseen event beyond IN COMMON’s reasonable control. Such events will include, but are not limited to, strikes, blockade, war, mobilization, revolutions or riots, natural disasters and shortages.
No Representations or Warranties
IN COMMON DOES NOT MAKE, AND DOES HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO ANY LBP PRODUCT, INFORMATION OR SERVICES MADE AVAILABLE OR PROVIDED IN CONNECTION WITH THIS AGREEMENT. MOREOVER, IN COMMON DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING SALES VOLUME OR FUTURE POTENTIAL PROFITABILITY RELATING TO THE PRODUCTS OF IN COMMON.
Limitation of Liability
IN NO EVENT SHALL IN COMMON, ON THE ONE HAND, AND ANY PRO, ON THE OTHER HAND, BE LIABLE TO THE EACH OTHER (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH SUCH PARTY) CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS AND GOODWILL.