HIGH5 Coaches, Nutritionists & PT Rewards Programme Terms and Conditions

This page sets outs the terms and conditions that apply in relation to your coaching and/or nutritionist business’s (in each case  “Business”, “you” or “your”) participation in HIGH5’s (“HIGH5”, “we”, or “our”)  Coaches, Nutritionists & PT (Personal Trainer) Rewards Programme (“the Programme”).

By submitting an application and participating in the Programme you must be aged 18 years or above.  By submitting an application to participate in the Programme, you  warrant and represent that you have authority to act on behalf of your Business and have read, understood and agree to these terms and conditions for and on behalf of your Business.  It is your  responsibility to ensure that any person(s) with access to the unique discount code is  made aware of these terms and conditions.

What is the Coaches Nutritionists & PT Rewards programme?

The purpose of the Programme is to provide coaches, nutritionists and PTs with high quality, scientifically formulated, sports nutrition products at discounted prices and commission on qualifying purchases (using a unique discount code).

There will also be a number of added benefits that will be awarded on a case by case basis at HIGH5’s discretion and dependent upon your level of engagement within the Programme.

How long is the Programme?

The Programme will run until midnight on the 31St December 2020. We will then review its status.  

Eligibility criteria and entry onto the Programme

To be eligible for consideration for participation in the Programme, you must:

  • be UK-based;
  • have a valid UK bank account;
  • not be already participating in this Programme. Only one entry is allowed per individual; and
  • complete and submit our online entry form [link to form]. All information submitted must be complete, up-to-date and accurate.

 

Upon receipt of your application, we will review the application and decide, in our sole discretion, whether to allow or reject your entry to the Programme. We will confirm acceptance onto the Programme in writing.

Promotional Code – discounts, cashback rewards and other benefits

On written acceptance of your  participation in the Programme, we will issue you with a unique promotional code (“Discount Code”) which you may distribute amongst your clients, Business staff (if relevant),  friends and family (any user of your Discount Code shall be a “Discount Code User”) to receive the following benefits, subject always to compliance with these Terms and Conditions and the Discount Code Rules (see below) [link to section if possible]:

  • Discount on highfive.co.uk: discounted purchases for you and Discount Code Users of up to 40% off all full priced (RRP) products on the highfive.co.uk website.
  • Commission:
    • For the duration of your participation in the Programme, you may earn commission on every purchase of full priced (RRP) products on the highfive.co.uk website for which the Discount Code has been used in accordance with the Discount Code Rules (each a “Qualifying Purchase”).
    • Commission will be set at HIGH5’s sole discretion up to 10% of the net sales price (product price after discounts, excluding VAT and postage and packaging) of a Qualifying Purchase.
    • Qualifying Purchases will be tracked on a cumulative basis by HIGH5 from the date you are granted entry to the Programme until either the end of the Programme, or if you or we decide to end your participation in the Programme (see section below) [link to section if possible]. Commission will be calculated by HIGH5 on a quarterly basis on or around [xxx] and [xxx] (or on such other frequency as HIGH5 may choose in its sole discretion) and will be paid into your nominated UK bank account subject always to compliance with these Terms and Conditions, including the Discount Code Rules.
    • The maximum amount of commission payable by HIGH5 to you shall be [£10,000]per calendar year (“Value Cap”).

 

  • Other Programme benefits: HIGH5 may from time to time offer additional discretionary benefits to Programme participants. Such benefits will be made available at HIGH5’s sole discretion and on a case by case basis.

 

All uses of the Discount Code must be in accordance with the Discount Code Rules (see below) [link to section if possible] and any benefits are subject to adherence with such rules. Purchases and discounts are subject to the HIGH5 Terms of Sale on highfive.co.uk [link to terms of sale].

HIGH5 reserves the right to modify or discontinue, temporarily or permanently, the discount and/or commission and/or other Programme benefits (and associated conditions) without prior notice at any time during the Programme.

Discount Code Rules

The Discount Code may only be used in accordance with the following Discount Code Rules:

  • Who can use the Discount Code: the Discount Code can be distributed to and used by the Discount Code Users only. The Discount Code may NOT be distributed to and/or used by anyone who is not associated with you;
  • Methods of distribution of the Discount Code: the Discount Code may be distributed to the Discount Code Users using any method that directly reaches that audience, e.g. via word of mouth, via leaflets/newsletters, through private social media groups, via private WhatsApp or Facebook messenger groups, or via email to your client database. The Discount Code must NOT be shared with the general public (e.g. via website or social media channels) or with any other unauthorised third parties (e.g. voucher code sharing websites).
  • Use on highfive.co.uk: the Discount Code can only be used on highfive.co.uk and cannot be used on any other third party website or store. The Discount Code’s use is subject to the HIGH5 Terms of Sale on highfive.co.uk [link to terms of sale] and is applicable only on full priced (RRP) products. The Discount Code cannot be used in conjunction with another discount code or site wide promotion.
  • Misuse of your Discount Code: you must notify HIGH5 immediately on becoming aware of any misuse of the Discount Code, including any breach of these Discount Code Rules.

 

You warrant, represent, and undertake to only use the Discount Code in accordance with the Discount Code Rules.

HIGH5 reserves the right to amend the Discount Code Rules without prior notice at any time during the Programme. Without prejudice to any other rights and/or remedies available to us in these terms and conditions or under applicable law, in the event that we become aware of any breach of these Discount Code Rules or misuse of the Discount Code, we reserve the right to end your participation in the Programme (see further below) [link to section if possible].

Collaboration with HIGH5 - exposure on online channels

HIGH5 may from time to time share information about the Programme, participation, and other achievements on our online channels including our website, social media channels, blogs and email newsletters.

By participating in the Programme, you agree to the above and to support HIGH5 in the promotion of Programme and the HIGH5 brand by providing photographs and other content for use by HIGH5. You shall, upon reasonable request, provide HIGH5 with photographs, images, materials and other content (collectively “Programme Content”) for HIGH5 to use on its social media channels, email newsletters or on its website. You warrant and represent that you are authorised to share the Programme Content and that you are the owner of the Programme Content, or that you otherwise have  all necessary rights to share the Programme Content with HIGH5, and that HIGH5’s use of any such Programme Content shall not infringe any rights, including intellectual property rights, of a third party. You shall indemnify HIGH5 from and against all damages, losses and expenses arising as a result of any action or claim of infringement of intellectual property rights of a third party arising from the use of the Programme Content.

Ending the Programme or your participation in the Programme

You may choose to leave the Programme at any time by writing to us. Any valid commission you have accumulated during your participation in the Programme will be paid to your nominated account subject to the Value Cap and all the terms and conditions of the Programme having been complied with by you and the  Discount Code Users at all times. Your Discount Code will be deactivated on leaving the Programme.

At our sole discretion, we may decide to terminate the Programme earlier than its end date on 31st December 2020. If we do so, any valid commission you have accumulated during your  participation in the Programme will be paid to your nominated account subject to the Value Cap and all the terms and conditions of the Programme having been complied with by you and the Discount Code Users at all times.

Without prejudice to any other rights and/or remedies available to us in these terms and conditions or under applicable law, we reserve the right to end or suspend your Discount Code and/or terminate your  participation in the Programme with immediate effect by giving you written notice if, in our sole discretion, we are of the view that:

  • you or any of the Discount Code Users are in breach of any of these terms and conditions;
  • you or any of the Discount Code Users have sought to manipulate the operation of the Programme;
  • you or any of the Discount Code Users have misused the Discount Code;
  • you or any of the Discount Code Users have breached any of the Discount Code Rules;
  • you or any of the Discount Code Users have acted in a way that is non-representative of our brand or damages the goodwill or reputation of HIGH5; or
  • you or any of the Discount Code Users are in breach of any of the eligibility criteria for participation in the Programme.

If we terminate your participation in the Programme under any of the circumstances listed above then: (i) your Discount Code will be deactivated; (ii) the payment of any outstanding commission may be withheld or paid in our sole discretion; and (iii) we may require, within 10 working days following our request, that you reimburse HIGH5 for any commission that we have previously paid to you. 

Privacy  

Except for the purpose of carrying out the Programme, we will not use your personal data without your consent. See [Insert HIGH5 privacy policy] for our full privacy policy. 

Liability

If you or any of the Discount Code Users or other individuals suffer any loss or damage arising out of or in connection with the Programme (including, without limitation, indirect, special or consequential loss), HIGH5 will not be liable for this.  Nothing will exclude our liability for death or personal injury as a result of our negligence or fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by law.

How these Terms and Conditions apply

Incorporated Entities

Where your Business is set up as an incorporated entity (e.g. limited company, charitable incorporated organisation or other form of incorporated entity) these terms and conditions shall apply between HIGH5 and such incorporated entity set out in the application form on joining the Programme (or otherwise notified to HIGH5).  The incorporated entity shall at all times be responsible for its clients’, clients’ staff (if applicable) and the Discount Code Users’ participation in the Programme.

Non-incorporated Entities

Where your Business is not an incorporated entity, these terms and conditions shall apply between HIGH5 and you as an individual. You shall at all times be responsible for the Discount Code Users’ participation in the Programme.

General  

We reserve the right to make changes to the Programme and to amend these terms and conditions relating to the Programme at any time. We will notify you of any material changes to the Programme and to these terms and conditions.

In the event of a discrepancy or any conflict between these terms and conditions and the details of the Programme in any promotional materials, these terms and conditions will prevail.

If any provisions of these terms and conditions are judged to be invalid, illegal or unenforceable, this will not affect or impact the continuation in full force and effect the remainder of the provisions.

These terms and conditions shall be governed by and construed exclusively in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the Courts of England.

 

Issue date: [01 ] August 2020.

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