Loyalty and Referral Programs Terms of Use

Loyalty Program Terms of Use

These terms and conditions govern the Fitz and Floyd Loyalty Program Terms of Use (the “Program”).

The Program is subject to the specific Terms and Conditions provided below as well as the Terms of Use available at https://www.fitzandfloyd.com/pages/terms-of-use (“Terms and Conditions of Use”, incorporated here by this reference) (collectively with these Fitz and Floyd Loyalty Program Terms & Conditions, the “Terms”).

1. Program Description, Eligibility and Earning Points

The Program is a free rewards program offered by Fitz and Floyd, a Division of Lifetime Brands Inc. The Program is a points-based program with different membership levels. The Program allows participants to earn points (“Points”) for every dollar spent on Eligible Product Purchases and other ways as stated on the website. Membership in the Program is limited to individuals only and is limited to one account per individual. Participation in the Program is limited to persons residing in the United States who are eligible 18 years of age or older. For the avoidance of doubt, only natural persons transacting in their personal capacity and for their own account are eligible to participate. No business entities, third-party aggregators, organizations, or groups may register for the Program or earn Points.

The Program is a customer loyalty program that allows Members (as defined below) to receive and redeem loyalty points (“Points”) for Rewards (as defined below) and Member Benefits (as defined below) on an individual basis for their own account. A Member may receive Points and Member Benefits based on their Membership Tier (as described below) through eligible product purchases (1 Point per $1 spent, does not include sales tax, shipping charges, E-Gift card redemptions and E-Gift Card purchases), or other actions or opportunities as may be presented by Fitz and Floyd from time to time. This can include, bonus for creating an account (limit once per member), points for refer a friend, bonus for third purchase from fitzandfloyd.com (limit once per member), providing a product review (must be on verified purchase through fitzandfloyd.com), following Fitz and Floyd on Facebook (limit of one time per member), following Fitz and Floyd on Instagram (limit of one time per member), following Fitz and Floyd on Pinterest (limit of one time per member), points for sharing Fitz and Floyd on Facebook (limit of one time per member), and points on your birthday (limit of one time per member per year). Points for such activities will be awarded as described in the applicable offer and will be subject to any additional terms set forth with that offer. The number of points earned for each action will be stated on the website and is subject to change at anytime without prior notice.

There is no fee associated with the Program. Participation in the Program is personal and non-transferable. Points, Membership Tiers, Rewards and Member Benefits may not be gifted, purchased, sold, bartered, brokered or otherwise transferred. Points, Rewards, and Member Benefits available via the Program have no cash value, are not redeemable for cash, gift certificates or gift cards, are purely promotional, and do not constitute property of any participant. No portion of any payment for purchases qualifying for the Program or any Points, Membership Tier, Member Benefits, or Rewards constitute consideration paid for any of the foregoing. Fitz and Floyd reserves the right to limit the redemption of specific Rewards and Member Benefits and limit the number of Points, Rewards, and Member Benefits available.

2. Joining the Program

To participate and enjoy the full benefits of the Program and be eligible for the benefits of a Membership Tier, eligible individuals must enroll and become a member of the Program (“Member”). Fitz and Floyd reserves the right to limit participation and enrollment at any time. To become a Member you must provide the required information and sign up at https://www.fitzandfloyd.com/pages/loyalty. Signing up is free. You agree to provide true and accurate information and to ensure that information provided by you is up-to-date and accurate. Communications with you will be made using contact information most recently provided by you. Fitz and Floyd is not responsible for your inability to receive or redeem Points or Member Benefits.

3. Rewards Points and Membership Tiers

The benefits available to a Member through the Program are based on Membership Tier and the number of Points that the Member receives through participation in the Program. Fitz and Floyd is under no obligation to provide Members with any particular number of Point-earning opportunities.

4. Points

Points are automatically tracked at the time of the qualifying purchase, transaction or activity. Points for any single qualifying purchase or activity may only be credited to one (1) Member account. Points will be credited to the account upon consummation of the qualifying transaction or activity garnering Points. In certain cases, it may take twenty-four (24) hours or more for Points to be credited. Fitz and Floyd shall not be responsible for, or liable to, any Member, person or entity, in any way, for any losses, costs or expenses incurred by a delay or error in crediting Points or Membership Tier benefits to a Member's account. Available Points totals for a Member account will be displayed in the Member’s account or at check out.

5. Purchase Activity

You will receive Points for qualifying purchases and transactions following enrollment as a Member in the Program based on your Membership Tier. You will not receive Points for any amounts paid in delivery fees or taxes.

6. Membership Tiers and Points

Each Member will be assigned a member tier status: Super, Premier, Elite, and Honorary (each, a “Membership Tier”) which are based upon dollars spent at checkout on eligible product purchases less any dollars spent on sales tax, shipping charges, E-Gift card redemptions and E-Gift Card purchases. Each Membership Tier has its own benefits as stated on fitzandfloyd.com. Reward Points may not be combined with any other coupons or discount codes. When Members return products, Points previously posted to Member’s Account for that purchase will be deducted from Member’s Account. The Fitz and Floyd Rewards program is a lifetime program. Once you reach a tier you will keep those benefits. However, points do expire after 12 months of inactivity. Customers who exceed 12 months without completing one of the below-mentioned actions will lose their accrued point balance: creating an account, making a purchase, redeeming points, receiving a perk/reward. This includes all perks except for earning points via the Birthday campaign.

7. Redeeming Rewards (250 Points is $10 Off)

Points may be redeemed for dollars off on a future purchase. 250 Points can be redeemed for ten dollars ($10) off a future purchase (a “Reward”). You must have at least enough available Points in your account (“Available Points”) for the Reward. Members must accrue a minimum of two fifty hundred (250) Available Points before the first redemption for any Reward. In any single transaction, only one account may be used to redeem Points for Rewards. Points accrued by a Member in any purchase or transaction may only be redeemed for Rewards in a separate, subsequent purchase or transaction.

Points will be subtracted from the Member's account immediately when a Reward is requested based on the total Points for the requested Reward. Fitz and Floyd reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available at any particular Membership Tier.

8. Special Member Benefits

Fitz and Floyd, in their sole and absolute discretion, may periodically offer the opportunity for additional rewards or benefits on particular transactions or special offers (“Member Benefits”). Member Benefits may be distributed online or via email from time to time. If a Member has opted out of Fitz and Floyd emails they will not receive Loyalty emails. They must opt back in by re-submitting their email address in the Stay Connected section on any page.

9. Expiration of Points

Points expire after 12 months of inactivity. Unredeemed Points expire upon the cancellation or termination of your account.

10. Cancellation, Termination

At our sole discretion, we have the right to modify, add or delete all or any portion of these Terms, benefits, Points or Rewards, at any time, with or without notice, even though such changes may affect the value of points already accumulated, the value of the rewards and/or the time for redemption. If the Program is terminated or the Member’s account is closed, any remaining earned Points will be forfeited.

We reserve the right to change, modify or terminate the Program, or any or all benefits under the Program or any policy pertaining to the Program, at any time, for any reason, including our right to discontinue or change the Membership Tiers or change the expiration date or redemption value of Points or Rewards, merge the Program with another program, or to adjust how Points or Rewards are received, calculated or redeemed.

Referral Program Terms of Use

These Referral Program Terms apply to the Fitz and Floyd Referral Program described on https://www.fitzandfloyd.com/pages/refer-a-friend (“Referral Program”). Fitz and Floyd (“Company” or “we” or “us”) offers the Referral Program to our customers who are interested in referring friends and/or family to sign up and shop through fitzandfloyd.com. These Referral Program Terms govern the participation by members who refer (“Referrers”) and the individuals who are referred (“Referees”) by the Referrers. Referees are typically friends and family of the Referrers.

1. General

This Referral Program is only open to members located in the 50 United States, or D.C. These Referral Program Terms are in addition to any agreements between you and Company, including our Terms of Use and Privacy Policy (collectively, the “General Terms and Conditions”), which you agreed to when you accessed our website or made a purchase. The General Terms and Conditions are hereby incorporated by reference and shall apply to your participation in the Referral Program.

2. Qualified Referrals

Qualified Referral must:

1. Be a natural person (i.e., no businesses, legal entities or pets) located in the 50 United States, or D.C.;
2. Be a new / first-time customer with Company;
3. Make a purchase using your custom referral link or other methods supplied by us that allow for proper tracking of referrals;
4. Place an order within a reasonable period of time with a subtotal that is greater than a stated minimum; and
5. Consent to and comply with the General Terms and Conditions.

3. Referral Credits

The credit amounts change from time to time and will be set forth on our referral site (“Referral Site”). The applicable credit amounts are set to the value displayed on the Referral Site at the time the invitation was sent to the Referee to participate in the Referral Program.

4. Representations

By participating in the Referral Program, (i) as a Referrer, you represent and warrant that you have a personal relationship with your Referee(s) or otherwise have the necessary consents to submit their information to the Referral Program; and (ii) as a Referrer or Referee, you will comply with all applicable Company policies and terms, and any and all applicable laws, rules and regulations in your participation in the Referral Program.

5. Restrictions

The following is a non-exhaustive list of activities that are not permitted and that will disqualify Referrers and Referees from earning credits through the Referral Program: (i) self-referral; (ii) making purchases on behalf of another or under an account that is not yours; (iii) creating fake accounts, blogs, web pages, profiles, websites, links or messages; (iv) any bulk email distribution, submission or distribution to strangers, or any other promotion that would constitute or appear to constitute unsolicited commercial email or "spam"; (v) posting your referral link on any page that is not owned and controlled by you, including, but not limited to, any merchant, Facebook, or forum page; (vi) bidding on any keywords containing Company marks or common misspellings thereof; (vii) placement of our logos or mention of our trademarks or tradenames in any ad text, extensions or banner ads; (viii) paid advertising for the purpose of generating traffic directly to your referral link; (ix) misleading or attempting to mislead anyone in connection with the Referral Program, including, but not limited to, misrepresenting your relationship with us or posing as our representative in an official capacity; and (x) taking any action or making any content that is disparaging or defamatory to us. Multiple accounts created with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals. Referral Credits are not valid for cash or cash equivalent or previously paid product purchases. No exchange of value for the Referral Program invitation or any Referral Credit (whether cash, product or barter) is allowed, and Referral Credits cannot be transferred to other people or accounts.

Referral Credits cannot be combined with any other discount codes. Referees may only earn one Referral Credit per referred person. In the event a Referee returns a purchased item relating to the Referral Program, the associated Referral Credit awarded to the Referrer will be rescinded. Any abuse of this offer, as determined by Company in its sole discretion, may result in the rescission of the referring Referrer’s Referral Credit and the inability to participate in this or future promotions. Referral Credits cannot be applied to previous purchases, are not redeemable for cash and are not transferable.

The amount of Referral Credits that you may receive and the time period in which you may earn Referral Credits are subject to limitation.

6. Reservation of Rights

We reserve the right to withhold, deny or cancel any Referral Credits and/or terminate your account if Company, in its sole discretion, deems any Referral Credit as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Referral Program Terms, the General Terms and Conditions or any other applicable law or regulation. Our decisions are final.

7. Termination

We reserve the right to suspend or terminate the Referral Program or to change these Referral Program Terms at any time and for any reason in our sole discretion.