Friends Rewards Program

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE NATURAL PIGMENTS FRIENDS

REWARDS PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

SECTION 8 BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.

1. Membership Eligibility and Overview

1.1. The Natural Pigments Friends Rewards Program (“Program”) is offered at the sole discretion of Natural Pigments LLC (“Natural Pigments,” “we,” “our,” or “us”). The Program is available to individuals for personal use and is limited to one account per individual. Corporations, associations, schools, institutions, or other groups may not participate in the Program. Resellers, retailers, and manufacturers purchasing products may not participate in the Program. Educators ordering for schools, workshops, and courses are not eligible. Individuals who are residents of the United States (including its territories and possessions) and at least over the age of 18 years or older and who provide and maintain a valid email address are eligible to become members. Employees of Natural Pigments LLC and individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain Program benefits.

1.2. By joining the Program and becoming a Program member, you (individually and collectively, “you,” “your,” or “Member”) agree that you have read, understood, and agree to be bound by these Program Terms and Conditions of Participation (“Program Terms”) and by any changes or modifications we may make. You should review these Program Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program, as they may change from time to time. These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you agree to be bound by our Privacy Policy and our website Terms and Conditions, which are incorporated herein by reference. If you do not agree to these Program Terms, our Privacy Policy, and our website Terms and Conditions, you cannot participate in the Program. The Program is void where prohibited by law.

2. Program Enrollment

2.1 Eligible individuals may only enroll in the Program by visiting www.naturalpigments.ca (collectively, the “Site”) and following the Program prompts to register.

2.2. You must provide your first and last names and email address and create a password to enroll. You may also provide us with your mailing address and phone number, but this information is optional. You are solely responsible for maintaining your account information’s accuracy and updating it as required. You may update your personal information on the Site.

2.3. Only one Program account may be associated with a single email address. In the event of a dispute over ownership of the Program membership account, the member will be deemed the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (i.e., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

3. How the Program Works and Program Benefits

3.1. The Program is a way to reward and thank our loyal customers for purchasing our products or taking other Program-related actions. For your purchase to qualify for the Program, you must be enrolled in the Program and be signed in to your online account at the time of purchase on the Site. You can earn points and reach Program loyalty tiers by making eligible purchases or taking specific other Program actions. Once you get a particular loyalty tier or achieve a certain number of points, you may qualify for certain benefits and rewards applicable to that tier or number of points, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to reach Program loyalty tiers or earn points will be posted on the Site or published through other media (i.e., in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.

3.2. Friends Rewards is a tier-based program determined by the number of points a member has earned within a single year on eligible purchases and through qualifying activities, beginning on the date of enrollment. There are three tiers with associated benefits:

• Tier 1: Base Free to join
• Tier 2: Ocher Spend USD $100 + per year
• Tier 3: Cobalt Spend USD $350 + per year
• Tier 4: Vermilion Spend USD $1000 + per year

When you join, you’ll automatically be placed in Tier 1 and be eligible for all the benefits Tier 1 members receive. Once you spend at least $100 in your first year, you’ll be automatically moved up to Tier 2. If you spend USD $350 or more in your first year, you’ll qualify for Tier 3; when you spend $1000 or more in your first year, you will be eligible for Tier 4.

Your status in a particular tier is good for the year you qualify for that tier and the following full year. After that, you’ll need to spend enough on eligible purchases to qualify for that tier each year. For example, if you are eligible for Tier 2 during your first year, you’ll maintain Tier 2 status during your second year. But, if you spend less than USD $100 on eligible purchases and qualifying activities during your second year, you’ll drop back down to Tier 1 status on your second-anniversary date.

3.3. Friends Rewards members receive 1 point for every $1 spent on eligible purchases on www.naturalpigments.ca. Eligible purchases include regular-priced merchandise and exclude Gift Cards, sales tax, state fees, discounts, shipping and delivery charges, or other excluded charges specified by us from time to time. All points earned from purchases on the Site are pending until your order ships. At this point, they are fully matured and capable of redemption.

4. Program Benefits and Rewards

4.1. As a member, you earn points that determine your points benefits plus tier levels and tier benefits. To redeem offers and rewards, you must have accumulated the minimum number of points we established for a particular benefit. Points may never be exchanged for cash. You must be logged in to your Program account to use your benefits. Your eligible offers and rewards (with offer codes if applicable) are listed in your account. Qualifying members will receive email invitations when event rewards are available if they have not opted-out of receiving Program emails.

4.1.1. Points Benefits: At different point levels, you can redeem your points for rewards that can be used with a purchase on www.naturalpigments.ca. These rewards are based on the total points you have accumulated in a single year, as listed below. You may redeem one reward per transaction on www.naturalpigments.ca. You must redeem your available points before your anniversary date, or the available rewards will expire. Points expire one year after they are earned.

4.1.2. Tier Benefits: Certain benefits are based on the tier achieved, and you are eligible for these benefits while you are in that tier, regardless of the number of points you currently have. Tier benefits can only be redeemed on www.naturalpigments.ca. On your anniversary date, even though your points reset to zero, your initial tier status for the year is determined by the total number of points you earned in the prior year.

Tier 1: Base: Free to join

• Earn 25 points when you join
• Get 50 points on your anniversary
• Earn points when you refer a friend

Tier 2: Ocher: Spend USD $100 per year to enter this tier

• 1X point multipliers
• 50 points upon entry
• Get 100 points on your anniversary
• Earn points when you refer a friend

Tier 3: Cobalt: Spend USD $350 per year to enter this tier

• 1.25X point multipliers
• 250 points upon entry
• Earn points when you refer a friend
• Early access to sales and new product releases
• Get 250 points on your anniversary

Tier 4: Vermilion: Spend USD $1000 per year to enter this tier

• 1.5X point multipliers
• 500 points upon entry
• Get 500 points on your anniversary
• Double point days
• Earn points when you refer a friend
• Early access to sales and new product releases
• Free returns
• Free shipping (some restrictions apply–see our free shipping policy)

4.2. Neither accounts nor Program rewards, benefits, and points may be shared or combined. Only members paying for the products may accumulate rewards, benefits, and points. Members will not receive rewards, benefits, and points on purchases reimbursed by corporations or other organizations ineligible to participate in the Program.

4.3. Rewards, benefits, and points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or canceled or if the credit is obtained through fraudulent or other activity that violates these Terms. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program other than by us is expressly prohibited.

4.4. To be eligible for points, purchases must be made on qualifying Natural Pigments and Rublev Colours products. Qualifying products include regular-priced merchandise and exclude Gift Cards, sales tax, state fees, discounts, shipping and delivery charges, and other excluded charges specified by us from time to time.

4.5. We are not responsible for rewards, benefits, and points lost or redeemed due to fraudulent activity.

4.6. We reserve the right to change Program benefits, how you reach each Program tier, how you earn points, and how we evaluate and reward your eligible purchases and other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and, for any given tier or point level, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given period or for the duration of the Program, and any combination thereof.

4.7. If you have concerns that a purchase or other activity was not correctly applied to your account, you should contact Natural Pigments Customer Service via email at [email protected] or by calling +1-888-361-5900. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.

4.8. Rewards can only be redeemed on the Site unless otherwise noted by Natural Pigments.

5. Program Communications

5.1. By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving Natural Pigments marketing emails and Program-related emails.

5.2. You may opt out of receiving Natural Pigments marketing emails at any time by following the instructions provided in the email or as otherwise provided in the Natural Pigments Privacy Policy, but operational emails will still be sent to you as they relate to your membership in the Program. Examples include but are not limited to a redemption confirmation email, a new points acquisition email, a profile update email, or other communications related to your account. If you terminate your Program membership, you will no longer receive Program-related communications.

6. Termination and Modification

6.1. The Program and its benefits are offered at our sole discretion. We may, at our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and the ability to redeem accumulated rewards or benefits.

6.2. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, at our sole discretion. Any suspected abuse of the Program, failure to follow any Program Terms, membership inactivity (i.e., no points earned or redeemed) for more than 24 months, illegal activity, fraud, misrepresentation, or other conduct inconsistent with these Program Terms and detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons, and certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire, and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse, or violation of these Terms, we also have the right to take appropriate legal action at our sole discretion.

6.3. If you no longer want to be a part of the Program, you may cancel your membership by opting out of your account on the Site.

7. Disclaimer of Warranties; Limitation of Liability

7.1. NEITH​ER NATURAL PIGMENTS NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

7.2. YOU AGREE THAT NEITHER NATURAL PIGMENTS NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD-PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

7.3. FURTHER, NEITHER NATURAL PIGMENTS NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR / AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

7.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT, OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

8. Indemnification

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Program Terms.

9. Governing Law and Disputes

9.1. This Program and these Program Terms will be governed by and construed under the substantive laws of the State of California as if they were a contract wholly entered into and wholly performed within California and without reference to conflict-of-laws considerations.

9.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN CALIFORNIA, AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING THE EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the preceding, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Program Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules, then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

9.3. You agree that any arbitration or proceeding shall be limited to the Dispute between you and us individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10. Privacy

The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by us per the Natural Pigments Privacy Policy. California Residents: The Program may be considered a “financial incentive” under California law. Please review our Privacy Policy, which includes our Financial Incentive Notice.

11. Contact Us

For information about the Program and your membership, contact Customer Service at +1-888-361-5900 within the U.S. and Canada or via email at [email protected]. You must confirm your full name and email address to validate your account. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. In our FAQs, you may also provide answers to helpful, frequently answered questions.