Rocky Mountain Oils (“RMO”) hereto referred to as “RMO” offers discounts to certain approved qualified professionals (“Qualified Professional”), through its professional program (“Program”). Being eligible for the Program entitles the Qualified Professional to take advantage of certain Program offers and/or discounts that will change from time to time, and which may be made available for limited times, in limited territories, all as determined by RMO, in its sole discretion.
The following Terms of Service contain important information regarding the Program. These Terms of Service are a binding agreement between the Qualified Professional and RMO and will govern Qualified Professional participation in any and all Program discounts and offers. RMO reserves the right to modify these Terms of Service at any time, without notice, so it is important to check the Terms of Service periodically. RMO may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Program offer or discount, including the availability, of any offer or discount, for any reason and without notice. Participation in and continued use of the Program and/or redemption of Program offers and/or discounts is considered acceptance of these Terms of Service and any modified terms included therein.
Eligibility
To be eligible for the Program and its offers and discounts, you must be a Qualified Professional. A Qualified Professional is one who is trained and certified in a form or modality of holistic, medical or alternative healing (including massage therapy, Reiki, chiropractic, acupuncture, midwifery, medical doctors, etc.) and has submitted to RMO a professional application (“Professional Application”) and a copy of their professional certification. Upon receipt and verification by ROM of the Professional Application and professional certification, the Qualified Professional is entitled to receive the discounts set forth herein.
Discount
Discounts are calculated on a per order basis, with a minimum order of $100. Discounts are calculated on the total retail price of the order, before shipping, handling, and taxes. Discounts apply only to regularly priced products. Discounts do not apply to retail specials, coupons, gift certificates or other special pricing. Discounts are not cumulative and do not combine with any other specials or discounts, unless specifically provided for in such special or coupon. Qualified Professionals may resell products purchased through the Program provided that products sold for less than the Minimum Advertised Pricing (“MAP”) shall not have RMO/NAN labels affixed thereon.
The following schedule sets forth the discounts available to Qualified Professionals:
Order Amount Discount
$100 - $249 10%
$250 - $499 15%
$500 - $999 20%
$1000 - $2999 25%
$3000 + 30%
Diffusers count towards your order amount, but are not eligible for the discount.
Discounts can only be provided to the Qualified Professional who is on record. ANY ATTEMPT TO SHARE THESE DISCOUNTS WITH ANYONE WILL LEAD TO TERMINATION FROM THE PROGRAM. Examples of sharing include, but are not limited to, giving out your username or password or phone call impersonations.
Payment Terms
To receive the discounts, payment by credit card or debit card is required at the time of purchase. RMO accepts the following cards: Visa, MasterCard, American Express or Discover.
Reselling
Qualified Professionals may resell products purchased through the Program using the original RMO labels provided that they sell the products at prices equal to or greater than the Minimum Advertised Pricing (“MAP”) which constitutes the current price reflected on the RMO website.
Qualified Professionals may not resell products on online marketplaces. Examples of these marketplaces include, but are not limited to eBay, Amazon.com, Etsy, Half.com, Yahoo! Shopping, Overstock.com, Google PLA, Google Shopping, Google Marketplace, Bonanzle, Craigslist, Oodle, eCrater, Zazzle, CafePress, and so forth.
Qualified Professionals may not resell or distribute RMO/NAN Labeled products through affiliate networks, Multi-Level-Marketing programs, Pyramid Schemes, or Advertiser-Affiliate relationships.
Use of RMO Information
RMO’s name, logo, and other trademarks and the information contained on RMO’s websites are protected by copyright and other intellectual property laws and by international treaties. Title, ownership rights, and intellectual property rights (including copyright and other proprietary and intellectual property rights) in the RMO’s name, logo and other trademarks and RMO’s websites and any upgrades, modifications or derivative works thereof shall remain in RMO. Nothing in these Terms of Service or the Program shall be construed to grant to Qualified Professional any ownership, license or other interest in the intellectual property of RMO. RMO does not convey any intellectual property rights to Qualified Professional. Any unauthorized use of RMO’s intellectual property rights shall result in automatic termination from the Program and by a Qualified Professional and will be pursued to the fullest extent of the law.
You shall not and are not authorized to (i) use the Rocky Mountain Oils name or the name of any of its children brands (including but not limited to Native American Nutritionals, Defense, Immune Strength, AromaCloud, etc) or commonly used acronyms of our brands (including but not limited to RMO, NAN, etc.) or any of the intellectual property (or any variations or misspellings thereof or other terms or terms confusingly similar to any of the foregoing) (All of the foregoing, including without limitation, the “Links” and the “Licensed Materials” (defined below) are referred to herein as “our IP”), Without our express prior written permission; (ii) use of our IP in a domain or website name, in any bids for keywords or google adwords (or similar programs at other search engines), in any search engine advertising (paid or otherwise), in any metatags, google adwords (or similar programs at other search engines), keywords, advertising, search terms, code, or otherwise; (iii) cause or create or act in any way that causes or creates or could cause or create any 'initial interest confusion' over the use of our IP on the internet or in any search engine advertising. Your use of our IP in any manner, other than as expressly permitted hereunder (in addition to being a breach of this agreement) shall constitute unlawful infringement of our trademarks, copyrights or other intellectual property rights, and may subject you to claims for damages (including without limitation, treble damages for knowing or willful infringement), and the obligation to pay our legal fees and costs in connection with any action or proceeding in which we seek to enforce our rights under this agreement or with regard to any of our intellectual property rights.
Termination
Failure to abide by the Terms of Service may result in the Qualified Professional’s termination from the Program and/or RMO’s suspension or discontinuation of the Program. Upon Termination from the Program the Qualified Professional will remove all references to RMO, its companies and products the Qualified Professional’s website and other materials within three (3) business days. If it is discovered that the Qualified Professional made any fraudulent claim or statement or misrepresentation in the Professional Application, you will be immediately terminated and RMO shall be entitled to recover from you an amount equal to the value of any discounts you received. Upon such termination, Qualified Professional authorizes RMO to charge its credit card the amount of such discounts received.
No Partnership Created
Qualified Professional and RMO are each independent entities and neither party shall be, nor represent itself to be, a franchisor, franchisee, joint venture, partner, master, servant, principal, agent, employee, employer, or legal representative of the other party for any purpose whatsoever. Qualified Professional may use and include language such as “Rocky Mountain Oils Qualified Professional” or words of similar import or their websites or advertisements. Qualified Professional shall refrain from doing anything to impair the reputation of RMO, including, but not limited to, falsely attributing any statement, representation or claim to RMO or making any statement, representation or claim that may be construed or interpreted as the statement, representation or claim of RMO.
Customer Relationships
Qualified Professionals are responsible to maintain the relationships for the customers they sell to. Returns and refunds of Qualified Professional’s customers must be handled by Qualified Professional. All marketing materials, product images, product descriptions, etc are also the responsibility of Qualified Professional.
Return Policy for Qualified Wholesale
All sales of products purchased under the Program and which receive a Program discount are final. RMO does not offer returns on products ordered under the Program or which received Program discounts. RMO will only replace unopened products that have been damaged through shipping from RMO’s facility to Qualified Professional’s or any nonconforming orders. The Qualified Professional is responsible to ensure the accuracy of its order before submitting payment.
All products covered by this return policy may only be returned for a replacement of the same or equivalent item. Qualified Professional must notify RMO of any such damaged product or nonconforming order within seven (7) days of its receipt of the product. All product returns require a Return Material Authorization (RMA) number, which must be written on the outside of the package or it will be refused. Qualified Professionals may obtain an RMA number by contacting RMO at the following email: professionals@nativeamericannutritionals.com “Return” constitutes receipt of the product by RMO, and not the mere issuance of an RMA. RMO is not liable for products that are lost or damaged during shipping from Qualified Professional to RMO’s facility.
Renewal
The Program is valid from the term of January 1st through December 31st of each year (“term”). RMO will review all Professional accounts on an annual basis and determine whether a Qualified Professional qualifies for the Program and whether, in its sole discretion, RMO should renew the Program for Qualified Professional for a following term.
General
By participating in the Program, Qualified Professional represents that all information provided in the Professional Application is true and accurate and that you are a Qualified Professional as defined herein.
Qualified Professional is responsible for maintaining the confidentiality of its username, user I.D., password and RMO discount code. The Program and/or the Program offers and discounts are void where prohibited by law.
RMO is not responsible for any failures or circumstances affecting, disrupting or corrupting the Program or the Program offers and discounts in any manner including without limitation, Qualified Professional’s ability to participate in the Program or any Program offers or discounts.
By participating in the Program, Qualified Professional releases RMO, its parent, subsidiaries, affiliates, suppliers, employees, agents and owners from any and all liability for any loss, harm, damages, cost or expense, arising out of participation in the Program and the use of or participation in any Program offers or discounts or any changes to the terms thereof. RMO makes no warranty in any respect as to any merchandise or service available within the Program. Qualified Professional may not assign, share, or transfer any Program offers or discounts.
If legal action is necessary to enforce these Terms of Service a reasonable attorney’s fee, expenses and costs shall be awarded to the prevailing party. Any dispute relating to these Terms of Service shall be governed by, construed, and interpreted in accordance with the laws of the State of Utah. RMO and Qualified Professional agree that the Court of Utah shall be the venue for any dispute arising or related to these Terms of Service.