Effective in January 2025, the OraPharma(hereinafter, the “Company”) loyalty program for ARESTIN®(minocycline HCl) Microspheres, Img is the ARESTIN Elite Program(hereinafter, the “Loyalty Program”). The Loyalty Program operates under the terms and conditions as set out below.
The Loyalty Program rules(“Program Rules”) govern the Company’s relationship with members of the Loyalty Program, including how Members(as defined below) achieve and maintain elite status, manage their accounts, elite tier calendar year qualification period(see section eligibility bullet b) and ongoing qualification requirements.
These Program Rules supersede all previous terms and conditions. Except as otherwise expressly prohibited or limited by applicable laws, the Company may at any time amend, modify or supplement these Program Rules, the structure for earning and redeeming pricing discounts, with or without notice, which may affect pricing tiers and/or eligibility criteria. Loyalty Members are responsible for remaining knowledgeable of the Program Rules and any Program Rule changes. Your continued participation in the Loyalty Program will constitute your acceptance of any such Program Rule changes.
Members are responsible for reading the Company’s Privacy Statement in order to understand how the Company collects, uses, and discloses a Member’s data.
By participating in the Loyalty Program membership account(“Member”), you agree that:
You have read and accept these Program Rules and you consent to the collection and use of your personal data by the Company and the Loyalty Program in accordance with the
Company’s Privacy Statement.
All Loyalty Program benefits are subject to availability and may be changed by the
Company at any time without notice. The Company may terminate the Loyalty Program,
in whole or in part, with six(6) months' advance notice to all active Members of the
Loyalty Program and with less than six months' notice in any jurisdiction if required to do
so by applicable law. If the Loyalty Program is terminated, all customers will return to the
box list price as stated on the ARESTIN Elite pricing sheet.
This Loyalty Program is provided and accepted in accordance with the provisions of 42 U.S.C. §1320a-7b(b)(3)(A). If you receive a discount, you must comply with the requirements of 42 U.S.C. §1320a-7b(b)(3)(A) and the “safe harbor” regulations regarding discounts or other reductions in price set forth at 42 C.F.R. §1001.952(h). If you receive a discount, you must fully and accurately report the existence of such discount, as well as the net cost of the ARESTIN product to Medicare, Medicaid or any other Federal or state health care insurance program or any private health care program in any filings of your costs you may submit to such programs.
Eligibility
Members are responsible for reading and understanding the Program Rules, account status, and other communications from the Company about the Loyalty Program to understand his/her rights, responsibilities, and status in the Loyalty Program. If a Member has any questions about the Loyalty Program or these Program Rules, the Member should contact the Company’s customer service.
Benefits of Loyalty Program Membership
Membership in the Loyalty Program is free and available to any licensed dental professional who currently purchases ARESTIN and who:(a) are currently licensed by the state board of dentistry, possesses an active and valid license and can provide their license number;(b) possesses the legal authority to agree to the Program Rules;(c) resides in the United States and works in a jurisdiction which legally permits participation in the Loyalty Program;(d) provides valid and accurate personal information when enrolling in the Loyalty Program; and(e) has an existing account and JDE number on file with the Company.
At the start of the calendar year, the membership tier and associated pricing discounts(i.e. Elite 12) is determined by the total boxes of ARESTIN purchased within the previous calendar year. Membership tier is determined at the Corporate Parent account level.
To maintain membership status: (i) Members of the Elite 24 and higher tiers must purchase the tier box minimum in each calendar year as outlined in the below chart; Members of the Elite 6 and Elite 12 tiers must purchase half of their yearly volume prior to June 30th of that calendar year, otherwise their individual box pricing will revert to the box list price as stated on the ARESTIN Elite pricing sheet on July 1st of the same calendar year; and (iii) any Member whose year to date box count equals zero on June 30th will revert back to the box list price as stated on the ARESTIN Elite pricing sheet on July Ist of the same calendar year.
Based on yearly pre-determined Loyalty Program tier, Members receive a discount of at least 6% on each individual ARESTIN box purchase.
When the Member’s total year-to-date aggregate box purchases qualifies them for the next tier, the Member will then receive the associated tier discount within 48 hours.
If in a single order the purchase quantity crosses into the next discount tier, the lower tier discount applies to all boxes included in that order(i.e. if an Elite 12 customer completes a single order that results in their year-to-date box count exceeding the Elite 24 box minimum, that order will receive only the Elite 12 discount).
Auto-ship: Members can select to participate in the auto-ship program which authorizes the Company to make recurring charges based on the account’s qualifying tier discount, plus tax and any applicable shipping charges, to the selected payment method for each shipment. Participation in the auto-ship program serves as authorization for the Company to utilize Loyalty Program account information to manage monthly auto-shipments. Any auto-ship program participation hereby authorizes the Company to charge any payment method on file and to have the appropriate fees applied to same. The Company reserves the right to cancel any auto-ship agreement at any time with or without notice, at the Company’s sole discretion.
