Addgene Rewards Points: Terms and Conditions
Last Updated: January 24, 2023
PLEASE READ CAREFULLY. By reviewing these terms and conditions (these “Terms and Conditions”) and clicking “Accept,” redeeming reward points, or accessing your Rewards Passcode, you acknowledge that you have read all of these Terms and Conditions, understand them, and agree to be legally bound by them. If you do not agree to these Terms and Conditions governing the Addgene Rewards Program (the “Program”), you may not participate in the Program. All benefits that Addgene offers in the Program are conditioned upon your compliance with these Terms and Conditions, the Terms of Use set forth on Addgene’s website (please see Terms of Use) (the “Terms of Use”), and all other applicable laws, rules and regulations. These Terms and Conditions are subject to change at any time. Current versions of these Terms and Conditions and other applicable rules that may apply to your participation in the Program are available at www.addgene.org (the “Addgene Website”). Please visit the Addgene Website frequently to learn about Program updates and changes to these Terms and Conditions.
1. Overview of the Addgene Rewards Program
(a) The Program is a customer loyalty program sponsored by Addgene, Inc. (“Addgene”).
(b) Members of the Program are classified as either PI (Principal Investigator) Members or Non-PI Members (each as defined herein).
(c) A PI Member may use rewards points (“Rewards Points”) when an Addgene customer places a direct order with Addgene for eligible materials (“Eligible Materials”) deposited by, or made from, materials deposited by said PI Member.
(d) Both PI Members and Non-PI Members may use Rewards Points toward orders for materials and services available in, and ordered directly from, Addgene’s plasmid repository.
2. Eligibility
(a) The Program is void where prohibited by law or by contract between Addgene and you and/or your organization.
(b) The Program is open only to individuals who are (i) currently affiliated with an academic or non-commercial research entity (an “Eligible Employer”), and (ii) hold a valid user account (an “Account”) on Addgene's Website.
(c) Employees, officers, and directors of Addgene and its respective related companies and agents, as well as the spouses, children, parents, grandparents, and household members of each such employee, officer, or director, are ineligible to participate in the Program.
(d) The Program is not available in all territories or countries. Other restrictions or special conditions may apply.
(e) Addgene reserves the right to change, add, or remove the requirements for eligibility.
3. Duration of Program
(a) The Program will run until terminated by Addgene. At least thirty (30) days before the Program’s effective termination date (the “Program Termination Date”), Addgene will post a notification of the Program Termination Date on the Addgene Website to allow eligible Members to redeem accumulated, but unredeemed, Rewards Points.
(b) Addgene reserves the right to modify, amend, or cancel the Program, at its discretion, at any time.
4. Enrolling in the Program
(a) Unless otherwise specified, depositing labs and investigators of Eligible Employers may be automatically enrolled in the Program at the Addgene Website.
(b) A Program enrollee who is a Principal Investigator (a “PI”) (or a person with responsibilities substantially similar to those of a PI) is a “PI Member.” A Program enrollee who is not a PI is a “Non-PI Member” (together with “PI Members,” “Members”).
(c) For purposes of the Program, each Member is identified by the username and password associated with their Account.
5. Earning Rewards Points
(a) Only PI Members may earn Rewards Points under the Program. Non-PI Members are ineligible to earn Rewards Points.
(b) A PI Member will earn Rewards Points when, (i) they deposit Eligible Material with Addgene and (ii) Addgene receives payment for an order of such Eligible Materials. Each of (i) and (ii) above must occur for PI Members to earn Rewards Points.
(c) Rewards Points will only be earned during the duration of the Program.
(d) Addgene reserves the right to change, add, or remove materials from Eligible Materials and the methods by which PI Members may earn Rewards Points at any time.
(e) PI Members are responsible for the payment of all taxes, if any, resulting from earned Rewards Points and their redemption.
(f) PI Members are responsible for ensuring the accurate accrual of Rewards Points in their Account. PI Members are encouraged to check their Account regularly to verify that the correct number of Rewards Points have accrued. PI Members may monitor requests for their Eligible Materials by accessing their Account and navigating to their Distribution History.
If a PI Member believes Rewards Points did not accrue properly to their Account, the PI Member must notify Addgene by e-mail ([email protected]) within thirty (30) days after the order for Eligible Materials for which the PI Member claims they should have been awarded Rewards Points is first displayed on their Distribution History page.
Addgene’s decisions regarding the earning and maintenance of Rewards Points are final and binding in all instances. Addgene reserves the right to deduct any Rewards Points credited to a PI Member’s Account in error.
6. Redeeming Rewards Points
(a) Subject to Section 6(d) of these Terms and Conditions, both PI Members and Non-PI Members may redeem Rewards Points earned by PI Members.
(b) During the Program Members may redeem fifteen (15) Rewards Points for one (1) plasmid then in-stock in Addgene’s plasmid repository (each a “Reward Plasmid”). Members may not redeem more than four hundred fifty (450) Rewards Points (the equivalent of thirty (30) Reward Plasmids) in any single transaction.
(c) When a PI Member first earns Rewards Points, Addgene will send the PI Member via e-mail a passcode (the “Rewards Passcode”), which may be used to redeem the earned Rewards Points.
(d) The Rewards Passcode may be used to redeem Rewards Points by either (i) the PI Member to whom such Rewards Passcode was issued and to whom such Rewards Points were awarded or (ii) a Non-PI Member designated by such PI Member who is affiliated with the PI Member and PI Member’s Eligible Organization. A Non-PI Member who redeems Rewards Points pursuant to subsection (ii) hereof represents and warrants that they have been authorized by PI Member to use PI Member’s Rewards Passcode and redeem PI Member’s Rewards Points. PI Members are fully responsible for who is accessing and using their Rewards Passcode. Addgene shall not be responsible for any use unauthorized by the PI Member.
(e) A Member may redeem Rewards Points by accessing their Account on the Addgene Website, following the instructions for redeeming Rewards Points, and entering the Rewards Passcode when prompted.
(f) Reward Plasmids will be delivered only to the business address associated with the PI Member Account to which the Rewards Points were earned.
(g) Shipping, handling, tax, duties, and any other fees associated with the processing and delivery of orders using the Rewards Passcode are charged separately and are the PI Member’s sole responsibility.
(h) In the event a Rewards Passcode order is not fulfilled by Addgene, Addgene will refund the PI Member the number of redeemed Rewards Points associated with such order.
(i) Rewards Points will expire on the one (1)-year anniversary of the last day of the month during which such Rewards Points accrued in PI Member’s Account. For example, Rewards Points that accrued in PI Member’s Account on October 8, 2008 will expire on October 31, 2009. Rewards Points will be redeemed on a first-earned, first-received basis. Rewards Points that remain in PI Member’s Account at the end of the Program will be forfeited without compensation and PI Member’s membership in the Program will become inactive. Further participation in the Program following an “inactive” membership status requires submission of a new registration.
(j) PI Members are prohibited from transferring their Rewards Passcode to any other PI Member or non-PI Member that is not part of the PI’s Eligible Employer.
(k) In no event are Rewards Points convertible to cash or cash equivalent. Rewards Points have no cash or monetary value.
7. Modifications and Termination of the Program
(a) Addgene reserves the right to modify any of the Terms and Conditions set forth herein at any time, including the methods by which PI Member may earn Rewards Points, the amount of Rewards Points associated with such method, the methods by which Members may redeem Rewards Points, including the number of Rewards Points that may be redeemed through the Program, and any of the options made available to Member with respect to their Account at any time, with or without notice, even though these changes may affect a Member’s ability to accrue and/or use their Rewards Points.
(b) Subject to Section 3(a) above, Addgene reserves the right to terminate the Program at any time, for any reason, with or without notice, even though termination may affect a Member’s ability to accrue and/or use their Rewards Points.
(c) A Member’s continued participation in the Program constitutes the Member’s acceptance of any changes Addgene may make to these Terms and Conditions. These Terms and Conditions are subject to change at any time. Members are responsible for remaining knowledgeable about all changes Addgene makes to these Terms and Conditions. Current versions of these Terms and Conditions and other applicable rules are available on the Addgene Website and will supersede all previous versions.
8. Limitation of Liability
(a) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ADDGENE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS BE LIABLE HEREUNDER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR REWARDS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT ADDGENE AGREES OTHERWISE IN WRITING. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the limitations herein may not apply to certain Members to the extent prohibited by such laws; if so, then Addgene’s liability for damages hereunder shall not exceed one hundred United States Dollars ($100.00).
(b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE APPLICABLE MATERIAL TRANSFER AGREEMENT, TERMS, OR LICENSES, IF ANY, ALL MATERIALS OBTAINED THROUGH THE PROGRAM ARE PROVIDED TO MEMBERS ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TYPICALITY, SAFETY AND ACCURACY. MEMBER USE REWARDS OBTAINED THROUGH PROGRAM AT THEIR SOLE RISK.
9. General Terms and Conditions
(a) Members represent and warrant that the personal information associated with their Account is true, accurate, and complete. Members agree to update their Account information as necessary to keep it true, accurate, and complete. Addgene is not responsible for any incorrect or inaccurate information supplied by Members while they participate in the Program.
(b) To learn how the personal information collected in connection with the Program may be used, please read Addgene’s Transparency and Privacy Policy. The terms of the Transparency and Privacy Policy may change at any time and are incorporated herein by reference.
(c) Addgene reserves the right to discontinue the participation privileges of any Member who engages in any fraudulent activity or participates in the Program in a manner inconsistent with these Terms and Conditions, any other terms provided to you by Addgene, or any federal, state, provincial, local, or territorial laws, statutes, or ordinances. Discontinuation of participation privileges may result in the loss of all accumulated Rewards Points and benefits. In addition to discontinuing such Member’s participation privileges, Addgene shall have the right to take appropriate administrative and/or legal action against such Member, including criminal prosecution, as it deems necessary in its sole discretion.
(d) Rewards Points do not constitute the property of a PI Member and may be revoked by Addgene at any time as set forth herein.
(e) Members represent and warrant that their organization with which they are affiliated is aware of and approves of Member’s participation in the Program and that such participation does not violate any policies or conditions applicable to the agency relationship between Member and such organization. Addgene reserves the right to verify this representation.
(f) PI Members represent and warrant that they are a PI (or a person with responsibilities substantially similar to those of a PI) at an Eligible Employer. Non-PI Member represents that they are affiliated with the PI Member and PI MEmber's Eligible Employer.
(g) All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Member and Addgene in connection with the Program, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions (whether of the Commonwealth of Massachusetts, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
(h) These Terms and Conditions constitute the entire agreement between Addgene and Members pertaining to the Rewards Program described herein and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
(i) If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
(j) All questions or disputes regarding eligibility for the Program, earning or redemption of Rewards Points, or Member’s compliance with these Terms and Conditions will be resolved by Addgene in its sole discretion.