Oticon Business Enhancement
Support PLUS Rewards Program
Terms and Conditions
Version #3
Effective Date: 02/22/2024
These terms and conditions are entered into by and between Oticon, Inc. (“Oticon”) and you, a customer of Oticon (“Customer” or “you”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, this “Agreement”), govern Customer’s participation in the Oticon Business Enhancement Support PLUS Rewards Program (“BES+”). This Agreement is subject to change by Oticon, without prior written notice, at any time, in Oticon’s sole discretion. Any changes to this Agreement will be in effect as of the “Program Effective Date” referenced above.
Customer should review this Agreement carefully prior to registering for BES+. By registering for BES+ Customer accepts and agrees to be bound and abide by these Terms.
The Program
Oticon is pleased to offer Customer the opportunity to participate in BES+. By participating in this program for every purchase of qualifying Oticon hearing instruments, which includes the purchase of Oticon hearing aids and Oticon CROS instruments (collectively “Hearing Instruments”), Customer shall earn points (as specified below) that may be used to redeem Customer’s purchases of:
1. Practice equipment and services. This equipment includes Demant diagnostic equipment, including hearing evaluation and testing equipment, other manufacturer professional practice equipment, fitting hardware and software; diagnostic supplies; diagnostic equipment service, repairs, and calibration; demonstration Hearing Instruments; installation of audio induction loop system, as approved by Oticon. Certain professional subscriptions, such as Healthy Hearing, Blueprint OMS, and other database management tools may be eligible. Human Resource management fees including outsourced services and recruiting costs.
2. Educational expenses. These expenses include both Demant and/or Oticon educational workshops and seminars; association membership and industry fees; industry education is reimbursed for licensed hearing care providers of the practice; partner-sponsored tuition and seminar fees; and travel and lodging expenses resulting from educational sessions, as approved by Oticon.
3. Marketing and advertising expenses. These expenses include both those produced with the Oticon Consumer Marketing Consultant (CMC), or those independently produced by the Customer, following the eligible expenses outlined below. Eligible expenses are those incurred promoting (co-branded) Oticon products and your practice via print or digital marketing tactics such as those periodically offered for reimbursement by Oticon, including direct mail campaigns, newspapers, radio, television, Google analytics or SEM programs that specifically target and attract patients to elevate their standard of care, as approved by Oticon.
4. Oticon Hearing Foundation donation. Customer may use their points to redeem purchases of specified hearing instruments for donation to the Oticon Hearing Foundation.
Terms of Sale
This Agreement incorporates by reference Oticon’s standard terms and conditions of sale (the “Terms of Sale”), which are located at oticon.com/terms-and-conditions-of-sale and Oticon’s Unilateral guidelines for the distribution of Oticon, Inc. products (“Distribution Guidelines”), which are located at oticon.com/distribution-guidelines The Terms of Sale and the Distribution Guidelines may be amended from time-to-time by Oticon, in its sole discretion. Customer shall adhere to all then current Terms of Sale and Distribution Guidelines when purchasing Oticon products. In the event of a conflict between the Terms of Sale, the Distribution Guidelines, and this Agreement, the Terms of Sale shall control. For the avoidance of doubt, payment for all products purchased by Customer from Oticon shall be made in accordance with the then current Terms of Sale.
BES+ Points
For every dollar Customer spends on qualifying Oticon Hearing Instruments Customer will earn a rebate towards items eligible for reimbursement in the BES+ program. The points will be earned using a tiered earning system as follows:
Program Tiers for Oticon unaffiliated practices**
- Silver: 5–10 Oticon Hearing Instruments purchased per month
- Gold: 11–20 Oticon Hearing Instruments purchased per month
- Platinum: 21 or more Oticon Hearing Instruments per month
** Unaffiliated practices are those not participating in a strategic partnership with a purchasing agent or buying group relationship to Oticon
Program Tiers for Oticon affiliated practices***
- Silver: 5–10 Oticon Hearing Instruments purchased per month
- Gold: 11 or more Oticon Hearing Instruments purchased per month
*** Affiliated practices are those customers in a strategic partnership with a purchasing agent or buying group relationship to Oticon
When Customer enrolls in BES+ Oticon will place Customer into one of the above three tiers using Customer’s prior history of purchasing from Oticon to determine which tier. If at the time of enrollment Customer has no prior history of purchasing from Oticon, Oticon shall place Customer in the Silver tier.
From the date of customer’s enrollment, Oticon will review Customer’s purchases quarterly to determine if Customer is meeting their assigned tier’s purchase requirements. If Customer is not meeting their assigned tier’s purchasing requirements, Customer will be re-assigned to the tier in which Customer is meeting the purchasing requirements or if Customer is not meeting any of the three (3) tiers’ purchasing requirements, Customer will be removed from all tiers and be unable to redeem.
The number of points Customer may earn on purchases will be based upon Customer’s purchasing relationship with Oticon (i.e., directly purchasing from Oticon, purchasing from Oticon via buying group membership, or other). Please contact your Oticon Representative for more information about the number of points you will earn on purchases.
PLUSPerks rewards are those additional points earned in the Gold and Platinum tiers. They are earned on select Oticon technology level 1 products (see Exhibit A) when your account is in the Gold or Platinum tier. The Platinum tier as defined above is reserved for those customers who maintain an independent status with Oticon or “unaffiliated” status.
Customer may switch affiliation status with Oticon at any time. Customer will maintain their previously earned BES+ points earned upon the month of their status change, however, the rate or percentage of earning points will commence retroactive to the first day of the month their affiliation status changes. Customer will not lose their tier status, unless they change from “unaffiliated” to “affiliated” which will drop Customer out of Platinum to Gold tier within the two (2) tier structure established for affiliated customers. Affiliated switching to unaffiliated will likewise earn at a retroactive rate from the first day of the month they switch affiliation status. If Customer switches to “unaffiliated” status from affiliated, and is purchasing at a volume greater than 20 units per month, they will reach the Platinum status and earn points at the rate established for this tier beginning the first day of the month of the switch.
Term of the Program
The BES+ program runs for an initial term of six (6) consecutive months (the “Initial Term”) and thereafter the BES+ program shall automatically renew (each, a “Renewal Term” and collectively with the Initial Term, the “Term”), until terminated as set forth below.
Customer may terminate their enrollment in the BES+ program at any time and for any reason upon thirty (30) days prior written notice to Oticon.
Oticon may terminate Customer’s BES+ program at any time and for any reason upon thirty (30) days prior written notice to Customer. Additionally, Oticon may immediately terminate Customer’s BES+ program upon the occurrence of any of the following: (i) Customer materially breaches the terms of this Agreement; (ii) Customer becomes insolvent or admits its inability to pay its debts generally as they become due; (iii) Customer becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (iv) Customer is dissolved or liquidated or takes any corporate action for such purpose other than for purposes of corporate restructuring; (v) Customer makes a general assignment for the benefit of creditors; (vi) Customer has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business; or (vii) Customer appears on the Office of Inspector General exclusion list.
In the event Oticon terminates Customer’s BES+ program due to Customer’s material breach of this Agreement, Customer shall forfeit all points earned and shall be ineligible to redeem.
Eligibility and Obligations for Participation
1. Customer’s eligibility to participate is based on Customer’s purchasing relationship with Oticon (i.e., directly purchasing from Oticon, purchasing from Oticon via buying group membership, or other).
2. In the Initial Term, in order to redeem, Customer must purchase either: (a) five (5) qualifying Oticon Hearing Instruments per month net returns; or (b) thirty (30) qualifying Oticon Hearing Instruments in six (6) consecutive months net returns.
3. In the Renewal Term(s), in order to redeem Customer must purchase five (5) Oticon Hearing Instruments per month, net returns.
Please contact your Oticon Representative for more information on your eligibility to participate in this program.
Request to Redeem
Customers are only eligible to redeem if Customer meets the above eligibility criteria and the redemption request meets the following criteria:
1. Customer’s account balance when purchasing Hearing Instruments directly from Oticon must be current.
2. Customer’s account balance when purchasing Oticon Hearing Instruments through CQ Partners, LLC must be current.
3. Customer must earn at least 100 points to redeem.
4. Each eligible submission on eligible products or services must be at least 100 points.
5. Customer must actively purchase qualifying Oticon Hearing Instruments during the Term.
Customer has twelve (12) months from the date of the purchase to redeem the earned points, after such time the points will expire.
All requests to redeem must be submitted by Customer to Oticon in writing. Such request must include the Customer’s Oticon account number, the number of points to redeem, and all receipts or invoices from qualified purchases. No quotes, purchase orders, or internal documents will be accepted.
For direct payment to a Demant company, such as, e3 Diagnostics, MedRx, Blueprint, or Healthy Hearing from Customer’s BES+ account, Customer must indicate “Direct Pay” on the redemption request.
All redemption requests for practice equipment and educational expenses must approved by Oticon and such request must be sent via email to besplus@oticon.com.
All marketing and advertising expenses should be pre- approved by Oticon Consumer Marketing Consultants prior to requesting a redemption by contacting Oticon with Customer’s proof or manuscript via email to localmarketing@oticon.com. All approvals are to determine if the materials qualify for redemption. Oticon makes no representations or warranties regarding the accuracy or legality of the approved materials.
Be sure to include a W9 and EFT form for direct reimbursement of funds when you enroll in BES+.
Distribution
After approval of the redemption request, Oticon shall pay the vendor directly for eligible Demant products purchased when the Customer indicates “Direct Pay” on the redemption request.
For other redemption requests, Customer must select whether to be reimbursed for eligible purchases by check or electronic funds transfer. Oticon shall send a check or electronic funds transfer to the named Practice on the Enrollment form.
Customer shall at all times remain responsible for the full and complete payment of all purchases. In the event Customer submits a redemption request and Customer’s BES+ account does not contain the required number of points to cover the total cost of the eligible purchase, Customer shall pay the remaining balance to the vendor of the item submitted for reimbursement and in the case of direct payment to a Demant company, shall pay the amount invoiced to Customer by the Demant company.
Purchase Exclusions
BES+ shall not be offered for Oticon Hearing Instruments funded with state or federal monies, managed care programs, and other non-profit and discount groups, such as: (i) any federal or state subsidized programs, including, but not limited to, Medicare, Medicaid, VA, VA Community Care/VA Choice, and Voc Rehab, (ii) any unit purchased through a managed care entity, including, but not limited to: Nations Benefits/Nations Hearing, EPIC/United Hearing, TruHearing Choice, Hearing Care Solutions, HearUSA, AudioNet, AZ Hear Care Network, Amplifon Hearing Health Care, Simpli Hearing, Birdsong Hearing Benefits, Start Hearing, Hearing in America, Great Hearing Benefits, Your Hearing Network, and United Hearing – AARP, and (iii) non-profit purchases, unless otherwise contractually agreed to.
Current product exclusions from earning points or tier attainment are listed in Exhibit B. Other exclusions may apply at time of purchase.
Customers enrolled in Oticon’s Co-op Program will not be permitted to earn points or apply hearing aid purchases towards tier attainment in BES+. If Customer is enrolled in BES+ prior to enrolling in Oticon’s Co-op Program, once Customer’s Co-op enrollment is active Customer’s purchases will only count towards the Co-op Program and will not count towards BES+. After Customer has fulfilled its obligations under the Co-op Program, Customer’s BES+ Program will re-activate, and all purchases made beginning on the first day of the following month of completion of the Co-op agreement will count towards BES+.
BES+ points may not be used to: (a) purchase additional Hearing Instruments, other than demo units, (b) purchase other hearing aid manufacturer’s products, services, or educational expenses; or (c) pay the Practice’s Oticon account balance.
Exhibit A
PLUSPerks Products
- Oticon Intent 1
- Oticon Real 1
- Oticon Own 1
- Oticon Xceed 1
- AGXO B500
- AGXO E500
- EarQ F5 custom products
Exhibit B
BES+ Rewards Program Product Exclusions
- Own 5
- Ruby 2
- Zircon 2
- AGXO F100
- AGXO F100 custom products
- Ear Q F10
Other exclusions may apply, and Customers should contact their Oticon representative to find out more information regarding exclusions.
BES+ Program Exclusions
PRACTICE EQUIPMENT (SERVICES AND FEES)
- Office maintenance
- Consumer mailing database fees (zip codes) that are not in conjunction with an Oticon-sponsored event
- Employee, intern, or trainee salaries/stipends
- IT services
- Consulting and subscription-based technology services including cable or internet provider fees
- Utilities including security systems
- Furniture and appliances
- Telephones and provider fees
- Pantry items (coffee, paper goods)
- Office supplies (pens, paper, ink, toner cartridges, cleaning supplies)
- Non-Oticon hearing aid supplies, including batteries
- Legal fees
- Accounting /tax preparation services
- Inspections and other building or business licensing fees (except professional HCP certifications)
- Commercial property and automobile insurance premiums
EDUCATION
- Non-hearing health care based continuing education
- Food and beverage expenses resulting from travel or accommodation at an educational event
- All gratuity associated with travel is at the customer’s discretion and is excluded from reimbursement
- Professional coaching and consulting services for sales skills or business management
- Private training, consulting, or personal coaching
- Non-industry related seminars that do not earn industry CEUs
- Other manufacturer-sponsored seminars and fees
MARKETING AND ADVERTISING
- Public relations fees and marketing consulting
- Website design
- Web hosting fees
- Consumer mailing database fees (zip codes) that are not in conjunction with an Oticon-sponsored event
- Sponsorships and donations, including local, national or industry advertising opportunities
- Gift cards
- Promotional items which are not branded with the practice name are excluded