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Brown Forman Exchange Loyalty Program: Terms and Conditions of Participation

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE JACK DANIEL’S EXCHANGE LOYALTY PROGRAM. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

  1. Membership Eligibility and Overview
    1. The Brown-Forman Exchange Program (“Program”) is offered at the sole discretion of Brown-Forman Beverages Europe Limited (“Brown-Forman”, “we,” “our” or “us”). The Program is available to businesses registered in the United Kingdom who run as independent on trade accounts. Employees of Brown-Forman and individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of the Program.
    2. By joining the Program and becoming a Program member, you (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions of Participation (“Program Terms”) and by any changes or modifications we may make. These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our Privacy Policy which are incorporated herein by reference. If you do not agree to these Program Terms and our Privacy Policy, you cannot participate in the Program.
  2. Program Enrollment
    1. Eligible businesses may only enrol in the Program by visiting www.brown-formanexchange.com (collectively, the “Site”) and following the Program prompts to register for the Program.
    2. You are required to provide your full name, the name and full address of the venue and the type of on-trade account you are associated with. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
    3. Only one Program account may be associated with a single email address. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorised account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the "authorised account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organisation (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
  3. How the Program Works and Program Benefits
    1. The Program is a way in which we reward and thank our loyal customers for purchasing our products. For your purchase to qualify for the Program, you must be enrolled in the Program and buy through your Matthew Clarke Account. You are able to earn points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions. Once you reach a certain loyalty tier and/or earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that tier and/or number of points, which benefits may change from time to time and may be offered on a limited basis.
    2. Points will be assigned to each Member based on the volume of Brown-Forman products purchased via Matthew Clarke. Orders will be verified and points will be allocated to the member's account balance at the beginning of each month.
      For every whole pound (£) spent on Brown-Forman products, the Member will receive 1 point.
    3. We reserve the right to request evidence of any information supplied by Members before assigning points.
    4. Members can view their points balance by accessing their membership on the Site
    5. Points have no cash value and cannot be redeemed for cash or credit.
      Once a Reward is redeemed it cannot be returned or exchanged for another Reward unless the Reward we provide is faulty. All Rewards are offered subject to availability. If a Reward is no longer available we may exchange the Reward with another Reward of equal or higher value.
      We reserve the right to alter the number of Points required to redeem any Reward at any time. This will not affect any Rewards already redeemed.
      A Participant will lose all its Points if its Account is closed for any reason. Rewards may be refused or cancelled in circumstances where insufficient Points are available or where fraud or misconduct is suspected.
  4. Program Benefits and Rewards
    1. As a member, you earn points that determine your points benefits plus tier levels and tier benefits. To redeem offers and rewards, you must have accumulated the minimum number of points as established by us for a particular benefit. Product rewards and samples are shipped with product purchases on the Site only. Points may never be exchanged for cash. You must be logged in to your Program account to use your benefits. You will find your eligible offers and rewards (with offer codes if applicable) listed in your personal account.
      1. Points Benefits: At different point levels, you will be able to redeem your points for rewards that can be used in conjunction with your purchases of Brown-Forman products. These rewards are based on the total number of points you have accumulated in a single year as listed below. You may redeem one reward per transaction on https://www.brown-formanexchange.com.
    2. Offers and rewards are available while supplies last and substitutions made by us in our sole discretion may occur. If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem your accumulated rewards and/or benefits. We are unable to reship offers or rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event an offer or reward arrives damaged, you received the wrong one, or one is missing from your order, please contact us at support@brown-formanexchange.com
    3. Neither accounts nor Program rewards, benefits and/or points may be shared or combined. Only the member paying for the products may accumulate rewards, benefits and/or points. Members will not receive rewards, benefits and/or points on purchases which are reimbursed by corporations or other organisations ineligible to participate in the Program.
    4. Rewards, benefits and/or points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Terms. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited.
    5. Rewards cannot be exchanged or returned for points, another product or a monetary refund.
    6. The products available through the Program that we may provide to you are for professional use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.
    7. To be eligible for points, purchase must be made on qualifying Brown-Forman products. Qualifying products include Jack Daniel's Tennessee Whiskey, Jack Daniel's Tennessee Apple, Jack Daniel's Tennessee Honey, Jack Daniel's Tennessee Fire, Gentleman jack, Single Barrel, Bonded, Benriach, Chambord, El Jimador, Fords,Slane, Woodford , Gin Mare and Diplomatico.
    8. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity.
    9. We reserve the right to change Program benefits, how you reach each Program tier, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier or point level, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.
    10. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Brown-Forman Customer Service via email at support@brown-formanexchange.com. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place.
      We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
    11. Rewards can only be redeemed on the Site, unless otherwise noted by Brown-Forman.
  5. Program Communications
    1. By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving Brown-Forman marketing emails and Program related emails.
    2. You may opt-out of receiving Brown-Forman marketing emails at any time by following the instructions provided in the email or as otherwise provided in the Brown-Forman Privacy Policy, but operational emails will still be sent to you as they relate to your membership in the Program.
  6. Termination and Modification
    1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
    2. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. Any suspected abuse of the Program, failure to follow any Program Terms, membership inactivity (i.e. no points earned or redeemed) for more than 24 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorised use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.
    3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out in your account on the Site.
  7. Disclaimer of Warranties; Limitation of Liability
    1. NEITHER BROWN-FORMAN NOR OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
    2. YOU AGREE THAT NEITHER BROWN-FORMAN NOR OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
    3. FURTHER NEITHER BROWN-FORMAN NOR OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE THOUSAND GREAT BRITISH POUNDS (£1,000)
    4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
  8. Indemnification
    1. You agree to defend, indemnify and hold us, our parent company, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Program Terms.
  9. Governing Law and Disputes
    1. This Program and these Program Terms will be governed by and construed under the substantive laws of the United Kingdom and the parties agree to submit to the courts of London.
  10. Privacy
    1. Unless a Member has indicated that he/she would like to receive communications from us in the future, his/her personal data will only be held for the purpose of administering the Program and will not be retained once for any other purpose or after the Member has requested to be removed from the Program.
    2. Member's acknowledge that Brown-Forman Corporation (BROWN-FORMAN) and other companies within the BROWN-FORMAN group (details of which are available on request) or BROWN-FORMAN's employees, agents, partners or licensees, will handle their personal information, in accordance with the BROWN-FORMAN Privacy Policy, for legitimate business purposes such as to provide them with personalised services and content, to analyse and consider ways of improving our services and products, and to respond to their requests. Member’s personal information may be transferred to any country where BROWN-FORMAN group companies or our service providers have facilities and personal information will be retained as permitted by applicable law. If in the future Member’s do not wish to receive further communications from the BROWN-FORMAN group and would prefer to be removed from its database, or if they wish to make corrections to their details or change how they receive communications from us, please write to: privacy@b-f.com
  11. Contact Us
    1. For information about the Program and your membership, contact support@brown-formanexchange.com. You will be required to confirm your email address and business in order to validate your account. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet.