Terms and Conditions
These are the Terms and Conditions for the 2025 Annual Rebate Component of CooperVision’s 2025 Amplif-Eye™ Program for Canada (“Annual Component”).
Annual Component, Tiers and Qualifications
The Amplif-Eye™ Annual Component provides various rebate Offerings to qualifying Annual Participants based on Tiers as set out in the Tier Chart. Tier qualification is based on Fiscal Year 2024 Net Product Purchases and the Qualification Amounts listed in the Tier Chart. The Offerings for a relevant Tier are available to Annual Participants in that Tier for all of Calendar Year 2025, subject to periodic review for downward Tier adjustment or removal from the Annual Component due to any substantial change in Annual Participant’s then-current Fiscal Year 2025 Net Product Purchases compared to Net Product Purchases for the same period of Fiscal Year 2024.
Definitions
“Annual Participant” means a member of a CooperVision approved Buying Group, Franchise, Sublease, or an independent location CooperVision has made a participant in this Annual Component as of November 1st, 2024. Any reference to “Annual Participant” shall, for clarity, include any Qualified Locations of such an Annual Participant.
“Calendar Year” means the period including and between January 1 and December 31 of a year.
“Fiscal Quarter” shall have the meaning given in the Quarterly Component Terms and Conditions.
“Fiscal Year” means the period between November 1 of a year and October 31 of the following year. A Fiscal Year is referred to by the year in which it ends (e.g., Fiscal Year 2025 is November 1, 2024, through October 31, 2025).
“Net Number of Boxes” shall have the meaning given in the Quarterly Component Terms and Conditions.
“Net Product Purchases” means the aggregate amount (in Canadian dollars, as calculated by CooperVision) of Products purchased by Annual Participant for Qualified Locations during the relevant time period (directly from CooperVision), less any returns, credits, or discounts.
“Offerings” refers to the offerings that are available to Annual Participants based on qualifying for a Tier, as set forth in the Tier Chart, and as more fully described below.
“Product(s)” means CooperVision branded, or customer branded equivalent, soft contact lenses manufactured by CooperVision or its subsidiaries and purchased by Annual Participant from CooperVision, including MiSight, but excluding specialty contact lenses sold or formally sold by CooperVision Specialty EyeCare Partners, trial lenses or any other contact lenses expressly excluded from the Amplif-Eye™ program by CooperVision.
“Threshold(s)” shall have the meaning given in the Quarterly Component Terms and Conditions.
“Tier” means Gold, Platinum or Diamond, as determined by Fiscal Year 2024 Net Product Purchases and the Qualification Amounts.
“Tier Chart” means the chart illustrating the Tiers, Qualification Amounts and Offerings for this Annual Component and published by CooperVision online or in sell sheets describing the Annual Component.
“Qualification Amount” means the amounts of Net Product Purchases listed in the Tier Chart and used in determining qualification for Tiers.
“Qualified Location(s)” means any location or group of locations of an Annual Participant, owned by Annual Participant at the time seeking Offerings as determined by CooperVision.
“Quarterly Component” means the quarterly rebate component of CooperVision’s Amplif-Eye™ Program and separate from this Annual Component.
“Quarterly Participant” shall have the meaning given in the Quarterly Component Terms and Conditions.
Offerings
“Free Direct to Patient Delivery” Offering. Qualifying Annual Participant will receive no cost shipping directly to Annual Participant’s patients for Product ordered directly from CooperVision. Free Direct to Patient Delivery is only available for orders for patients seen in person at Annual Participant’s practice and is not available to internet retailers. CooperVision further reserves the right, at its sole discretion, to discontinue Free Direct to Patient Delivery in the event of any material change in shipping costs caused by factors outside of CooperVision’s reasonable control.
Free Made-to-Order (MTO) Trial Lenses – Qualifying Annual Participants will receive free trial lenses on CooperVision’s Made-to-Order products including: Biofinity® XR Toric, Biofinity® Toric Multifocal, Proclear® Toric XR, Proclear® Multifocal XR, and Proclear® Multifocal Toric. MTO trial lenses must be shipped to the Qualifying Annual Participant office location. Open boxes of Made-to-Order (MTO) trial lenses are not eligible for exchange or credit. CooperVision reserves the right to limit or decline Free MTO Trials in the event that it suspects fraud or abuse of this program at CooperVision’s sole discretion.
12 Free Shipping Monthly Returns – Qualifying Platinum or above Tier Annual Participants will receive 12 pre-paid waybills for returns in January 2025 (one to be used in each month of Calendar Year 2025). These are intended to provide free shipping of monthly returns from January to December. Waybills are not unlimited, and additional waybills will not be provided. All returns must comply with the Returns and Exchanges Policies outlined in the Canada Direct Trade Policy.
Discounted Staff Lens Purchase Program –Qualifying Platinum or above Tier Annual Participants will receive an additional discount off the then current Staff Lens pricing. Qualifying staff members will need to complete the Amplif-Eye Staff Lenses form, agree to the terms and conditions of the Staff Lenses program, and submit it to orders@coopervision.com. Staff lenses will not be billed to the Annual Participant’s account. Purchases must be made by staff through a secure online credit card payment.
Co-Op Support – Qualifying Diamond Annual Participants will be eligible to receive marketing support for materials such as window clings, hanging banners, lightboxes, and posters. Co-Op Support is offered to “bill-to” accounts only, up to a maximum of $2000 value per Calendar year. All Co-op materials provided for under this Program shall comply with all CooperVision Co-op policies and guidelines. Co-op marketing materials under this Program will be provided by CooperVision. Co-Op Support is limited to a maximum of two (2) initiatives per year. Annual Participant shall not modify or make any changes to any marketing
materials provided to Annual Participant as part of this this program and shall not use the materials in any manner other than those approved by CooperVision. Annual Participant shall immediately cease using any marketing materials provided under this Program immediately upon written notice from CooperVision. Any Co-op Support not used by the end of the relevant Fiscal Year shall be forfeited.
Forfeiture and Right to Offset
In the event that Annual Participant fails to pay any CooperVision invoice when due or fails to maintain all accounts with CooperVision on a current basis, CooperVision shall offset amounts owed to CooperVision with any monetary Offering earned by Annual Participant under this Annual Rebate Component, and shall a balance still remain or such failures to maintain accounts in good standing persist, Annual Participant shall forfeit any continued participation in this Annual Component.
A violation by Annual Participant of any of these Terms and Conditions, including but not limited to those related to resale obligations, reasonable purchases, or any efforts to manipulate Annual Rebate Component may, in CooperVision’s sole discretion, result in a forfeiture of any rebate(s). If a monetary Offering has already been paid during any period when these Terms and Conditions were violated, or that was not earned before CooperVision discovered the violation, improper payment or declared a forfeiture, Annual Participant shall immediately repay the amount of the monetary Offering to CooperVision, or in the alternative, CooperVision shall collect such amount by offsetting against any future amounts owed Quarterly Participant (under this Annual Component or otherwise) and reserves the right to take any other action to collect such amount.
Miscellaneous
Confidentiality. During the Calendar Year 2025 and for two (2) years thereafter, Annual Participant agrees to maintain the confidentiality of any information that reasonably should be considered confidential given the nature of the information and the circumstances of its disclosure, including, but not limited to, the Terms and Conditions of this Annual Component.
Annual Participants may use CooperVision trademarks, trade names and logos (“Marks”) and materials provided as part of Offerings solely in connection with its promotion of CooperVision Products and in accordance with these Annual Component Terms and Conditions. The Offerings provided for herein transfer no ownership of any CooperVision intellectual property or Marks and, except as expressly stated herein, provide no license to Annual Participant. Annual Participant shall, upon written notice from CooperVision, cease to promote, market or advertise the Products or make any use of CooperVision’s Marks or materials, including, without limitation, any personalized Digital Marketing Materials.
Resale Obligations. Annual Participant shall purchase Products to fulfill its own business requirements only, shall sell Product only to end-user consumers, and shall not purchase Products for, or resell them through, any other person or entity.
Reservation of Rights. CooperVision reserves the right and discretion to administer the Annual Component as it sees fit consistent with these Terms and Conditions. CooperVision shall have the right to immediately modify or terminate all or part of the Annual Component described herein, at any time and for any reason, at CooperVision’s sole discretion, without penalty, provided that CooperVision shall be obligated to pay in full any rebates earned through the date of such modification or termination.
Governing Law. The Annual Component is governed by and construed in accordance with the laws of Ontario, without reference to its conflict of laws principles.