MINGLEDORFF’S INCENTIVE TRIP TERMS

 (January 1, 2024)

1.   Program Overview

Mingledorff’s Incentive Trip Program (“Program”) is a loyalty program offered by Mingledorff’s, Inc. (“Mingledorff’s”) to its Partner and FAD Plus program level dealers (each a “Participant”) who purchase qualifying products from Mingledorff’s which are listed in Participant’s applicable Marketing & Promotions Guide (the “Products”).  The Program allows Participants to earn points for qualifying purchases of Products during the Program Year (defined below) and any other year the Trip specifies (“Points”).  Participant’s participation in the Program is subject to these Incentive Trip Terms (the “Terms”).

2.   Additional Eligibility Requirements

a) Participant’s accounts with Mingledorff’s must be current to participate in the Program, attend the Trip or otherwise receive the incentives offered.  If Participant’s account is not current at the time of departure, Participant shall be subject to Point forfeiture and the cancellation fees set forth in section 7.b). 

b) A Program Year shall begin on January 1 and ends on December 31.  Points earned during the Program Year must be used to redeem the incentives offered for such Program Year unless the Trip specifies otherwise.  

c) Each Trip and the specific details and requirements related thereto will be set forth in the applicable Marketing & Promotions Guides (the “Guides”). 

d) Participants who want to participate in the Program must complete and submit the Incentive Trip Application Form (the “Form”) and pay any required deposits by May 31st of the applicable Program Year.

3.   Calculation of Points

a) Unless the Trip specifies otherwise, Points are calculated based on the Participant’s program level and purchases of the Products from Mingledorff’s which ship and invoice during the Program Year only.  The amount of Points earned per Product are set forth in Guides applicable to the Program Year. 

b) Participants may also earn bonus Points for timely payments, online orders, electronic payments, online warranty claims and by participating in special promotions applicable to the Program Year.  If available, these bonus points will be specifically described in the applicable Guide.  Bonus points will be accrued monthly and trued-up at the end of the Program Year. 

c) Points will be reduced in accordance with the Prompt Payment chart in the Guide if Participant’s invoices are not paid timely. 

d) Unless the Guide specifies otherwise, if Participant elects to convert Points to Co-op Funds, the Points will be converted monthly using the following formula:  Points / 100 X $0.75 = Additional Co-op Funds. 

e) Participant’s Point totals will be calculated monthly by Mingledorff’s and set forth in Participant’s monthly Sales & Accrual Statement (the “Statement”).  The Statement will be provided by the Participant’s Territory Manager upon request.  Participants have thirty (30) days at the end of each month to notify Mingledorff’s in writing via email to their Territory Manager of any discrepancies in the Point calculation for such month. The written notice must contain details of the discrepancy and proof of the miscalculation.  Failure of a Participant to dispute Point calculations within thirty (30) days of the applicable Statement shall be deemed a waiver of Participant’s claims related thereto.

f)   Mingledorff’s reserves the right to invalidate Points awarded to a Participant if it determines that such Points were improperly credited or obtained fraudulently.  When qualifying purchases of Products are returned or credited, Points may be deducted from the Participant’s account equal to the Points earned for that purchase. 

g) Points have no cash value.  Points do not constitute property and do not entitle Participants to a vested right or interest.  As such, Points are not redeemable for cash, transferable or assignable for any reason. 

4.     Point Redemption

a) Points can only be used for either Trips or converted to Co-op funds (collectively, the “Incentives”).  The Incentive options and their specific requirements are listed on the Form applicable to the Program Year and selected by the Participant.

b) If Participant elects to enroll in a Trip, 100% of the Points required for the Trip will be debited from the Participant’s account upon enrollment.  Points debited shall be forfeited in the event Participant cancels the Trip and will not be available for any other Trip or conversion to Co-op funds.

c) Accommodations for Trips are based on double room occupancy.  There will be an additional charge to Participants or higher Point total requirement for single room occupancy.

d) Points may not be used for optional trip extensions organized by Mingledorff’s or its travel suppliers. Any and all costs and expenses related to optional trip extensions are the sole responsibility of the Participant.

e) Points expire at the end of the Program Year and cannot be carried forward to a future Program Year unless the Participant has enrolled in a Trip that is expressly identified as qualifying for multi-year Point accruals.

5.     Traveler Requirements for Trips

a) Unless the Trip specifies otherwise, a non-refundable deposit in the amount of $200 per person per Trip is required to be paid along with the submission of the Form.

b) Trips may only be taken by Participant’s owners and key management personnel and their companions.

c) The minimum age of a traveler is 21 years.

d) Traveler are responsible for obtaining all valid documentation for travel, including but not limited to a valid passport and/or visa which meet the requirements of immigration and any other governmental authorities.

e) Travelers shall be solely responsible for all incidental and ancillary expenses and all other costs and expenses which are not specifically included in the Trip itinerary.  Such costs include upgraded rooms, meals, spending money, internet fees, baggage fees, laundry, valet, telephone, etc.

f)   Except where prohibited by law, by participating in the Trip, all travelers agree to grant Mingledorff’s an irrevocable and transferable license to use his/her name, photograph, or likeness for advertising and promotional purposes for no additional consideration.  Such material may be published through any form of media, including but not limited to, print, social media, and on the internet.

6.  Trip Priority

Enrollment of Participants for Trips will be prioritized based on the receipt date of the Forms unless otherwise indicated in the Guide. Participants submitting Forms after the Trip limit has been reached will be placed on a waiting list.  Participants that fail to achieve sufficient Points for an over-capacity Trip will be moved to the waiting list, regardless of the receipt date of their Forms.  If a Participant’s Points are less than the amount required for a given Trip, and Participant is chosen by Mingledorff’s to attend the Trip, Participant will be required to pay the Point difference.  The cost of each Point is $0.01 unless the Guide specifies otherwise. 

7.   Cancellations & Changes

a) Mingledorff’s is under no obligation to furnish Participants with an alternative trip if Participant or its guest is unable to make a scheduled Trip date.

b) Unless the Guide states otherwise, the following Trip cancellation fee schedule will apply to Participants who cancel a Trip:

Days to Trip Departure                     Cancellation Fee

90-61 Days                                         25% of trip cost

60-31 Days                                         50% of trip cost

30   Days or less                                  100% of trip cost

 

c) If a name change or change in departure city is requested following receipt of the traveler’s travel registration, such change is subject to the approval of Mingledorff’s and its vendors and a deviation fee of $200 per person plus all incremental fees and charges (including airfare). 

d) Points cannot be used for cancellation or deviation fees.

e) Mingledorff’s is not responsible for delays or cancellations caused by conditions beyond its control such as weather, acts of God, war, pandemics, disease, travel bans, riots, government action or shut downs, strikes or labor issues, terrorist acts or threats, transportation or energy shortage, or the acts or omissions of third parties. If a Trip is cancelled due to conditions beyond Mingledorff’s control, reasonable efforts will be made to find a suitable alternative but is not guaranteed.  Mingledorff’s reserves the right to alter Trip itineraries if necessary or desirable.

8. Tax liability

Any liability for local, federal, state, income or other taxes imposed on the Participants for the receipt or use of the Incentives or participation in the Program will be the sole responsibility of the Participant.  When required by law, Mingledorff’s will report to the appropriate authorities the names of Participants and the value of the Incentives. In that case, Participants will be required to provide Mingledorff’s with applicable social security numbers, corporate tax identifications, W-9 forms and any other document necessary to make the required reports.

9.   Limitation on Liability

a) MINGLEDORFF’S WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING ALL LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE INCENTIVES, POINTS, OR PARTICIPATION IN THE PROGRAM, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  MINGLEDORFF’S SHALL HAVE NO LIABILITY FOR ANY ERRORS IN THE POINT SUMMARIES OR CALCULATIONS. 

b) Mingledorff’s will not be liable for any physical injury, monetary loss, accidents, or damages of any kind that Participant or any traveler may experience during attendance of a Trip or any activity associated with the Trip. Participant and travelers release, indemnify, defend and hold harmless Mingledorff’s, its officers, directors, employees and agents from all liability, injuries, claims, and damages arising out of or in connection with a Trip and any activities in connection with Trip.

c) THE PROGRAM AND TRIP IS PROVIDED TO PARTICIPANT AND TRAVELERS “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  MINGLEDORFF’S DOES NOT WARRANT THAT THE PROGRAM WILL BE ERROR FREE. 

d) It is each traveler’s responsibility to take out insurance at its sole cost and expense to cover all activities during the Trip.  

10.      Changes to and Termination of the Program

a) The Program is offered at the discretion of Mingledorff’s and it reserves the right to modify the Point redemption values, Incentives, Trips, redemption levels, conditions of participation, using or forfeiting Points, awards or any other aspect of the Program, in whole or in part, at any time, with or without notice, even though such changes may affect the redemption value of the Points already accumulated.  Mingledorff’s will give reasonable advance notice of any modification of the terms hereof which may adversely impact Participant’s ability to participate in the Program.

b) Any failure to abide by these Terms or any policies or procedures implemented by Mingledorff’s, any conduct detrimental to Mingledorff’s, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Mingledorff’s in law or equity, in the termination of a Participant in the Program, as well as forfeiture of Points and any other benefits earned in connection therewith, in the sole discretion of Mingledorff’s.