ZENNI REWARDS PROGRAM TERMS & CONDITIONS

Updated: May 4, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE ZENNI REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT PARTICIPATE IN THE ZENNI REWARDS PROGRAM.

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

These terms and conditions (this "Agreement") govern the Zenni Rewards Program. The Zenni Rewards Program is a loyalty program brought to you by Zenni Optical, Inc. ("we," "us," "our," "ours"). Registration for the Zenni Rewards Program ("Membership") at any time subjects the user ("you," "your," "yours," "Member") to the provisions of this Agreement, as amended from time to time.

We may modify this Agreement from time to time. We will notify you of material changes to this by posting the amended terms at least thirty (30) days before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your membership in the Rewards Program prior to the time the new Agreement takes effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Use.

Membership Eligibility and Overview

1.1. The Zenni Rewards Program (“Program”) is offered at our sole discretion and is only available to residents of the United States. The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations, or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older and who provide and maintain a valid email address are eligible to become members. The Program may not be used for any business or commercial purpose, and we may refuse to create an account for any reason.

1.2. By joining the Program and becoming a member, and agree that you have read, understood, and agree to be bound by this Agreement. You should review this Agreement 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. This Agreement does 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 also agree to be bound by our website Privacy Policy and our Terms of Use, which are incorporated herein by reference. If you do not agree to the terms of this Agreement, our Privacy Policy, and our Terms of Use, you cannot participate in the Program. The Program is void where prohibited by law.

How the Program Works and Program Benefits

2.1. For information about how to sign up for the Program please visit our FAQs.

2.2. The Program is a way in which we reward and thank our loyal customers for purchasing our products and engaging with our brand. You are able to unlock the Program loyalty benefits by making eligible purchases from Zenni. 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 at www.zennioptical.com (“Site”). Once you spend $66+ on a product within a 12-month period, you will earn access to one of the three Zenni Rewards statuses (Fan, Friend, VIP). The minimum purchase requirement amount ($66+) does not include shipping costs, sales tax, or purchases of gift cards and is after any discounts.

Gift card balances used on a purchase of a qualifying product count as dollars spent.

Any returns that result in dollars refunded will be retracted from a member’s total spend.

Any returns that result in store credit given will not be retracted from a member’s total spend. And any store credit spent will not count as dollars spent.

2.3. Currently, there are three levels of benefits within Zenni Rewards (Fan, Friend, VIP) that are determined by the dollar amount of your purchases from Zenni. Once you reach a specific level within Zenni Rewards, you will receive the benefits that are applicable to that level at that time. The amount of spend that happens within the 12-month period will inform which status you qualify for in the following 12-month period. The rewards for each level are summarized below.
- Fan members have access to every day Free Standard U.S. Shipping and an unlockable 15% off annual Birthday reward*.
- Friend and VIP members have access to Free Standard U.S. Shipping, an unlockable 20% off annual Birthday reward*, every day Free Frame Engraving, and $10 off a purchase*.
- VIP members additionally have access to Exclusive Promotions, Early Access to Launches, and a deluxe tri-fold case in Zenni Teal (annual gift)*.
Where a reward is marked with a star (*) above, this means there is a one-time redemption per 12-month reward period for this benefit. Below is a more detailed description of the rewards noted above.
- Free Standard U.S. Shipping
- 15% Off Birthday Discount
- 20% Off Birthday Discount
- Free Frame Engraving
- $10 Off Your Purchase
- Exclusive Promotions
- Early Access to Launches
- Deluxe Tri-Fold Case Annual Gift
Zenni Rewards members with Fan status can combine Free Standard U.S. Shipping with one other Zenni Reward OR one other Zenni promotion code (exclusions may apply).

Zenni Rewards members with Friend status can combine Free Standard U.S. Shipping, Free Frame Engraving, AND one other Zenni Reward OR Zenni promotion code (exclusions may apply).

Zenni Rewards members with VIP status can combine Free Standard U.S. Shipping, Free Frame Engraving, Deluxe Tri-Fold Case Annual Gift, AND one other Zenni Reward OR Zenni promotion code (exclusions may apply).

The deluxe tri-fold vegan leather case is available as a selectable reward once VIP status has been reached.

The percentage and dollar amount discounts noted above apply to merchandise subtotal only and do not apply to taxes, fees, shipping, or gift cards. You may not use your rewards to purchase a new Zenni product that has been offered for less than 90 days with the exception of those offered during a VIP Early Access period.

2.4. The products and services available through the Program are for personal use only. You may not sell or resell any of the products you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of this Agreement.

2.5. We are not responsible for rewards and/or benefits lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen, or otherwise destroyed.

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

2.7. Rewards earned through the Program have no cash value, are non-transferable and you have no property rights in any rewards or benefits. Rewards can only be redeemed with a purchase on the Site. Program rewards may not be applied retroactively or applied to returns and cannot be used for gift card purchases.

2.8. Program rewards and benefits may not be shared or combined. Only the member paying for the products and engaging with the brand may accumulate rewards and benefits.

2.9. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Customer Service at service@zennioptical.com. Your email must specify your name, address, phone number, 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 thirty (30) 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.

Marketing Communications

3.1. By enrolling in the Program, you will be automatically subscribed to receive Program-related emails, including Program marketing emails, and you consent to their receipt. We also may give you the option to opt-in to receive other marketing communications from us at the time of enrollment.

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

Termination and Modification

4.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate this Agreement, our FAQs, and/or 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/or the ability to redeem accumulated rewards or benefits.

4.2. We reserve the right, at any time, in our sole discretion, to: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow this Agreement, no purchase activity for 12 months or more, illegal activity, fraud, misrepresentation, or other conduct inconsistent with this Agreements and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, 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 at our sole discretion. If we suspect illegal activity, fraud, misrepresentation, abuse, or violation of this Agreement, we also have the right to take appropriate legal action, in our sole discretion.

4.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out in your account on the Site. If you cancel your membership, your tier status and any points, rewards, or benefits in your account will automatically expire.

Disclaimer of Warranties; Limitation of Liability

5.1. NEITHER ZENNI NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT 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.

5.2. YOU AGREE THAT NEITHER ZENNI NOR OUR PARENTS, 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, MIS-DELIVERY, 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.

5.3. FURTHER, NEITHER ZENNI NOR OUR PARENTS, 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 IN 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 FIFTY DOLLARS ($50.00).

5.4. 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 THIS AGREEMENT 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.

Indemnification

6.1. 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 this Agreement.

Disputes, Arbitration Agreement & Class Action Waiver

7.1. We are available by email at legal@zennioptical.com to address any concerns you may have regarding your use of the Program. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.

7.2. If we do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 7.1 above, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including their formation, performance, and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding individual arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class arbitration. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable.

The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration. You will not be required to pay fees and costs incurred by the Company if you do not prevail in arbitration.

The parties understand that absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation, and the right to discovery may be more limited in arbitration than in court.

7.3. You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and us each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 7.2 shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.

7.4. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

7.5. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 7.2 and 7.3 by sending written notice of your decision to opt-out to the following email: service@zennioptical.com. The notice must be sent within thirty (30) days of registering for the Program; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

7.6. To the extent that the arbitration provisions set forth in Section 7.2 do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in San Francisco, CA (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in San Francisco, California, for any applicable litigation other than small claims court actions.

Severability

8.1. If for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

If you have any questions about this Agreement, please email us at service@zennioptical.com.