World's Fastest Troy Lee Designs' Loyalty Program: Terms and Conditions (Canada)

MEMBERSHIP
World’s Fastest™ Troy Lee Designs’ loyalty program (the “Program") is offered by Troy Lee Designs, LLC ("Company" or “Troy Lee Designs”) to customers making purchases on troyleedesigns.ca. Company will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time. These terms and conditions (hereinafter "Terms and Conditions") form the agreement (the "Agreement") between you ("Member" or “you”) and Company with respect to the Program.

MEMBERS' ACCEPTANCE OF TERMS
By participating in the Program, Member agrees to any terms and conditions, rules, regulations, policies and procedures related to the Program, including, without limitation, these Terms and Conditions, including the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Members who violate any of the Program Terms and Conditions.

PROGRAM OVERVIEW
When you become part of the World’s Fastest™ Loyalty Program, you’re allowed to earn points on your purchases made on TroyLeeDesigns.ca. You may also earn points by participating in certain special engagement activities announced by Troy Lee Designs from time to time. The Program offers the World’s Fastest members access to certain benefits, some of which may be received by redeeming points earned.

COMPANY'S RIGHT TO CHANGE/CANCEL PROGRAM
Company may alter, limit, modify or terminate the Program, the Program structure, any other feature of the Program, or these Terms and Conditions in its sole and absolute discretion at any time upon sixty (60) days’ notice or, if required under the laws of your jurisdiction, with your consent. Notice will be provided by posting an updated version of these Terms and Conditions on our website or by sending you an email with the updated Terms and Conditions. Unless otherwise required by law,your continued participation in the Program will confirm your acceptance of such changes.

MEMBERSHIP ELIGIBILITY
The Program is open to legal residents of Canada. Membership is limited to individuals only and is limited to one (1) account per individual. You must be at least 16 years of age to become a Member. If you are 16 or older but under the age of majority in your jurisdiction of residence, you may use the Program and Services only with approval of your parent or guardian. If you do not qualify, you are prohibited from accessing, using and registering for the Program. Membership is not available to corporations, businesses, charities, partnerships, enterprises, athletes, ambassadors or anyone other than an individual, unless written approval is received in advance from Company, in its sole and absolute discretion.

MEMBERSHIP ENROLLMENT
In order to participate in the Program, you must create an account. Individuals can enroll by creating an account at TroyLeeDesigns.ca. You must provide information accurately and completely when creating an account. Company reserves the right to refuse membership to anyone who does not follow the enrollment procedures. Members should promptly advise Company of any changes to their personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting www.TroyLeeDesigns.ca/account and updating their Member account. You are responsible for maintaining the confidentiality of your access credentials and other account information and are fully responsible for any and all activities that occur under your account. Troy Lee Designs will not replace lost or stolen Benefits or Rewards. You agree to ensure that you exit and log out from your account at the end of each session. You agree to notify us immediately by contacting Customer Service of any unauthorized use of your member account.

PROGRAM COMMUNICATIONS
To the extent permitted by law, Company will communicate with Members about marketing via mail, email, SMS and other channels, including about special Member promotions, offers and more. Company will also use these channels to communicate the Member’s tier status, notify Member of eligibility for a benefit, and communicate Program changes and more. Please note that you can opt -out of receiving marketing or promotional communications by clicking “unsubscribe” in the email message, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

DATA PRIVACY
The Company’s Privacy Policy apply to personal information collected about Members, and provides more information on how we keep that information private and secure. Our Privacy Policy is available at https://troyleedesigns.ca/pages/privacy-policy.

RETURNS
Merchandise returns must be made in accordance with Company's return policy available at https://troyleedesigns.ca/pages/warranty. Upon the return of an item, the spend amount applied to Program Level status for the original purchase will be deducted from the Member's account.

ELIGIBLE PURCHASES
Purchases of merchandise and/or services, after promotional offers have been applied, before taxes and shipping charges have been applied, made at troyleedesigns.ca count toward your Program tier status. The amount of a purchase made with store credit as method of payment will not be applied to Tier Level earnings. The purchases made with a Troy Lee Designs gift card as method of payment will not be applied to Tier Level earnings. However, the purchase of a Troy Lee Designs gift card will be applied to Tier Level earnings. Additional items may be excluded from Tier Level accumulation at the sole discretion of Company.

EARNING POINTS
When you shop online at troyleedesigns.ca, Silver, Gold and Platinum members will receive (5) Points for every $1 spent on any eligible product purchase (a “Qualifying Purchase,” as further described below). The Points will be added into your World’s Fastest™ account after you provide your email address and phone number. There is no limit to the number of Points a Member can earn by making Qualifying Purchases.Points will be added to your account typically within 24-96 hours after your Qualifying Purchase. If you did not provide your email address or phone number at the time of purchase or if you believe there was any issue with Points being applied for a Qualifying Purchase, you may call Customer Service within thirty (30) days of your Qualifying Purchase to verify your purchase, and request that Points be added into your Program account.

Qualifying Purchases include regular and sale priced merchandise purchased at troyleedesigns.ca. No Points are earned for payment of sales tax, gift boxes or wrapping, or for shipping and handling costs. No Points are earned for purchase of Troy Lee Designs branded items at wholesale dealers or at any stores not owned by Troy Lee Designs. Resellers of Troy Lee Designs merchandise or customers who make bulk purchases are not eligible to earn Points or to participate in the Program. Troy Lee Designs reserves the right to review account activity for purchase patterns that fall outside the intended use of the Program. To the extent permitted by applicable law, Troy Lee Designs has the sole discretion to determine whether a Member’s purchase patterns violate these Terms and Conditions and if Troy Lee Designs makes such a determination, the Member’s Points will be forfeited and the account may be suspended or terminated at Troy Lee Designs sole discretion.

Other than Qualifying Purchases, Points may also be earned for participation in certain activities designated and announced by Troy Lee Designs from time to time. Example activities could include: connecting with Troy Lee Designs on social media, referring others to World’s Fastest™ Program, completing a survey, taking a quiz, participating in a campaign or contest, and other activities. Rules for earning points for activities will be defined for each activity when the activity is announced by Troy Lee Designs. Rules may include number of Points earned for the activity, number of times Points can be earned for the activity, maximum number of Points to be awarded to a Member outside of Qualifying Purchases, and criteria for earning Points. Troy Lee Designs reserves the right to make activities and rules for the activities available only to select Members based on purchase activity, geographic location, and/or Program participation. Troy Lee Designs reserves the right to add, withdraw, amend, or otherwise change activities and their rules at any time at its sole discretion.

EXPIRY
All of a Member’s Points will expire if account is inactive for twelve (12) months. An account will be deemed inactive if no Points are earned or redeemed within a twelve (12) month period.
In addition, Points that remain in a Member’s account will expire and will be forfeited if the Program is terminated. To the extent permitted by applicable law, Troy Lee Designs reserves the right, without limitation, to terminate, change, limit, modify, or cancel any of the above means of earning Points and the number of Points earned at any time.
To the extent permitted by applicable law, Troy Lee Designs’ good faith determination of the amount of Points available to any Member hereunder shall be final and binding.


TIER STATUS
Program tier status is based solely on the total amount a Member spends on troyleedesigns.ca. Upon reaching a new tier, you may see a 30-day delay before your new status appears in your account information online. The criteria for each Tier are as follows:

• Bronze
A customer receives Bronze status upon creating an account at troyleedesigns.ca. However, the Member will not be eligible for specific benefits until he or she makes an initial purchase. The account will be determined by the customer’s lifetime value. The individual will remain a Bronze member until moving to the next tier. As a Bronze member, the customer will receive Free Ground Shipping for orders over $100. Free ground shipping not included on oversized luggage and Alpinestars boots.

• Silver
If Members spend a total of $1,200 at troyleedesigns.ca, they will receive Silver status. Once Members reach Silver status, they will remain a Silver Member until moving to the next tier. As a Silver member, the customer will receive Free Ground shipping on all orders, 1.25x Point Multiplier, Annual Birthday Reward, and Early Access to New Arrivals. Free ground shipping not included on oversized luggage and Alpinestars boots.

• Gold
If Members spend a total of $3,000 on troyleedesigns.ca, they will receive Gold status. Once Members reach Gold status, they will remain a Gold Member until moving to the next tier. As a Gold member, the customer will receive Free 2-day Shipping, 1.5x Point Multiplier, Annual Birthday Reward, and Early Access to New Arrivals and Member Only Offers. Free 2nd Day shipping not included on oversized luggage and Alpinestars boots.

• Platinum
If Members spends a total of $6,000 on troyleedesigns.ca, they will receive Platinum status. Once Members reach Platinum status, they will remain a Platinum Member. As a Platinum member, the customer will receive Free 2-day Shipping, 2x Point Multiplier, Annual Birthday Reward, and Early Access to New Arrivals and Member Only Offers, Exclusive VIP Events, Dedicated Rep Line, and Annual Painted Helmet Reward (up to $800) on purchase of one (1) new FULL-PRICE Helmet only. Annual Painted Helmet Reward does not qualify on helmets that are on sale. Free 2nd Day shipping not included on oversized luggage and Alpinestars boots.

For more information on Program benefits, please visit: https://www.troyleedesigns.ca/pages/rewards.

VALID EMAIL ADDRESS
A current, valid email address is required for a Member to be eligible for select benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online.

RIGHT TO REVOKE
Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole and absolute discretion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise obtains, or attempts to obtain, benefits through deception, forgery and/or fraud.

NO TRANSFER
Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Account points and Membership status have no cash value and are not exchangeable for cash. Account points, benefits, and rewards cannot be transferred to another person or account.

EMPLOYEES NOT ELIGIBLE
All current employees of Company are ineligible to participate in the Program.

PROGRAM BENEFITS, REWARDS, AND DETAILS
Members may be offered certain benefits that they can choose to accept, including, for example, sweepstakes entries, birthday acknowledgments, access to exclusive Customs designs, access to early information about new product releases and early access to special events (collectively, “Benefits”). Some Benefits may not require the redemption of Points. Members also cannot redeem Points they have earned for rewards which may include physical rewards, digital rewards, and sweepstakes entries (collectively, “Rewards”). The Benefits and Rewards that are available to a Member based on Tier Status will be displayed in Member’s World’s Fastest account, which is accessible on the online at www.TroyLeeDesigns.ca

Benefits and Rewards may be subject to limits on the number of Benefits or Rewards a Member can acquire, limits to the time for accessing the Benefits or Rewards, and other restrictions as may be established from time to time in Troy Lee Designs’ sole discretion. Benefits and Rewards may only be available while supplies last, may be limited in quantity, and/or may only be available for a limited time. Benefits and Rewards that are no longer available for selection or redemption may be removed from troyleedesigns.ca. The Benefits and Rewards available to Members will be selected solely in the discretion of Troy Lee Designs. Troy Lee Designs reserves the right to substitute a Benefit or Reward item of comparable or greater value at any time, at its sole discretion. In addition to these limitations and other requirements and/or limitations that may be communicated to Members at the time a benefit is offered, the following shall apply to certain benefits available to Members under the Program:

• Product Giveaway
World’s Fastest™ Silver, Gold and Platinum Members are eligible for one annual birthday gift with purchase at troyleedesigns.ca on orders shipping to Canada. The birthday gift consists of 3000 points. To participate, Member must be signed in to Member’s Troy Lee Designs World’s Fastest™ account at the time of purchase. Terms of offer are subject to change.

• Early Access
From time to time, World’s Fastest™ Silver, Gold and Platinum members may receive early access to new Troy Lee Designs products. To participate, Member must be signed in to Member’s Troy Lee Designs World’s Fastest™ account. Terms of offer are subject to change.

TAXES
Member is responsible and liable for any applicable federal or provincial taxes, costs, or expenses which may result from Member's participation in the Program and/or receipt of any Benefit or Reward.

NO WARRANTY
Some jurisdictions (including the province of Quebec and Saskatchewan) do not allow limitations on implied or statutory warranties lasts, so the following may not apply to you. Company and each of its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.

GOVERNING LAW (NOT APPLICABLE TO QUEBEC RESIDENTS)
These Terms and Conditions, the relationship between you and the Company, and Company's World’s Fastest™ loyalty Program, shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions.

MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS- (NOT APPLICABLE TO QUEBEC RESIDENTS)
ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY'S WORLD’S FASTEST™ LOYALTY PROGRAM, INCLUDING CLAIMS BASED ON STATE, PROVINCIAL OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR IN RIVERSIDE COUNTY, CALIFORNIA. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, COMPANY AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR CONSOLIDATED. THIS PROVISION SHALL NOT BE CONSTRUED AS A WAIVER OR LIMITATION OF MEMBER’S RIGHT TO SEEK PUBLIC INJUNCTIVE RELIEF AS PROVIDED UNDER CALIFORNIA LAW. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA, AND MEMBER CONSENTS TO JURISDICTION AND VENUE IN THESE COURTS.

RELEASE OF LIABILITY AND LIMITATION ON DAMAGES
You release Company and its respective subsidiaries, divisions, and affiliate entities, along with each of their respective officers, directors, employees, contractors, and agents from and against any and all liability relating to your Membership, Benefits, Rewards, or participation in the Program. To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Members' participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY EXCEED, IN THE AGGREGATE FOR ALL CLAIMS ARISING UNDER OR RELATING TO THE PROGRAM TWENTY-FIVE U.S. DOLLARS ($25.00).

INTELLECTUAL PROPERTY
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, patents, service marks, trade dress and/or other intellectual property in such materials (collectively, “Company IP”) are owned or licensed by Company whether or not they are registered as may be allowed under the laws of the United States or any other country. You may not display or reproduce any Company IP without the prior written consent of Company, and you may not remove or otherwise modify any trademark, copyright, or other notice that may be published with Company IP. For clarity, there may be instances where trademark or copyright symbols are omitted for creative reasons, which does not impact the validity or enforceability of the associated Company IP.