1. Approval and Benefits.
To access the Programs, you must apply with Houzz or be enrolled by Houzz. Houzz may require certain documentation to verify your trade or business status, which may include business registrations, trade group membership records, licenses, certifications, or tax records. Houzz reserves the right to approve or deny any applications to the Programs for any reason and at any time in its sole discretion. Approved members of the Programs ("Trade Pros" or "Business Pros") may qualify for discounts, dedicated support, and access to certain products for purchase on the Houzz Shop website and mobile app (the "Houzz Shop"). Not all professionals will be eligible for the Programs and not all products on the Houzz Shop will be eligible for discounts in the Programs. By applying to or enrolling in the Programs, you also agree to subscribe to emails about the Programs. You may unsubscribe at any time.
As a Trade Pro or Business Pro, you may refer products to your clients by sending a referral code through the Trade Program or Business Program dashboard or sharing a product in your Ideabook.
Referral codes that you send to a client may be used by the recipient to make a discounted purchase on eligible products in the Houzz Shop. The terms of the discount will be detailed in the message to the recipient. Discounts will not apply to tax or shipping costs. You may only send referral codes to your clients. Referral codes may expire. Any such expiration date will be communicated to you at the time you receive the referral code. Referral codes may not be combined with any other promotional programs, codes or coupons, may only be used on the Houzz Shop, and may not be transferred or redeemed for cash. You confirm that you have the consent of each recipient before sending a referral code. You may not send referral codes to residents of the European Union, Canada or where prohibited by law.
If you send a referral code to a client or share a product in your Ideabook and that person places a qualified order, then you will be eligible to receive Houzz Credits or Houzz Points, as detailed below, equal to a percentage of the cost of the purchases (excluding tax and shipping) made by the client.
3. Houzz Credits and Houzz Points.
You may also earn promotional Houzz Credits or Houzz Points for certain actions that you take directly through your Trade Program or Business Program account.
A. Houzz Credits.
Promotional credits issued prior to April 20, 2020 are known as "Houzz Credits." The amount of Houzz Credits that you may earn by purchasing eligible products will be displayed on the product page or at the time of purchase as a number or percentage. Houzz Credits do not expire.
B. Houzz Points.
After April 20, 2020, Houzz will no longer award Houzz Credits. Instead, any credits awarded after April 20, 2020, will be considered "Houzz Points" and part of a new promotional program. Please note that any Houzz Credits that have already been awarded to you will not expire and will continue to be subject to these Terms.
The Houzz Points program is offered to Trade Pros and Business Pros at the discretion of Houzz and Houzz has the right to, with or without notice, (i) terminate the Houzz Points program, in whole or in part; (ii) change the rules, benefits, conditions of participation, or qualification criteria in whole or in part, at any time; (iii) withdraw, limit, modify or cancel any Houzz Points award; (iv) rename or redefine program elements or benefits; or (v) otherwise restrict the continued availability of Houzz Points, even though changes may affect the value of Houzz Points already accumulated.
All calculations made in connection with Houzz Points, including without limitation, the value of any Houzz Points awards, the accumulation of awards, and/or the revisions of calculations will be made by Houzz in its discretion and such calculations will be considered final.
These Terms control your participation in the Houzz Points program and no covenants at law or in equity shall be implied or incorporated, all of which are expressly disclaimed. Houzz has the sole right to interpret and apply these Terms in relation to the Houzz Points program.
Limitations on Damages
IN NO EVENT SHALL HOUZZ OR ITS RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE TO YOU, OR ANYONE CLAIMING THROUGH YOU, FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF ACTS OR OMISSIONS BY HOUZZ IN CONNECTION WITH THE HOUZZ POINTS PROGRAM. IF HOUZZ IMPROPERLY DENIES YOU HOUZZ POINTS, YOUR EXCLUSIVE REMEDY SHALL BE THE ISSUANCE OF THE IMPROPERLY DENIED HOUZZ POINTS, IF AVAILABLE, OR SUCH ALTERNATIVE, COMPARABLE BENEFIT AS DETERMINED BY HOUZZ IN ITS SOLE DISCRETION.
Accumulating Houzz Points
Houzz Points can be accrued by Trade Pros and Business Pros in several ways. Houzz Points may be accrued by making certain eligible purchases through your Trade Program or Business Program account. The amount of Houzz Points that you may earn by purchasing eligible products will be displayed on the product page or at the time of purchase as a number or percentage. Houzz Points will be earned by you on the shipping date of such purchase. If you later return a purchase, Houzz will deduct any Houzz Points earned on such purchase from your Houzz Points balance.
Houzz Points may also be accrued when a client makes an eligible purchase using your referral code or when a client makes an eligible purchase through your Ideabook. Houzz Points will be earned by you on the shipping date of such client purchase. If your client later returns that purchase, Houzz will deduct any Houzz Points earned on such purchase from your Houzz Points balance.
Houzz reserves the right to amend or delete any or all of the means currently recognized for accruing Houzz Points and to exclude specific types of transactions from the accumulation of Houzz Points.
Redeeming Houzz Points
Trade Pros and Business Pros may redeem Houzz Points through their dashboards. Houzz shall establish the amount, structure, availability, process and other criteria for Houzz Points redemption, all of which are subject to modification, cancellation or limitation at Houzz’s discretion, with or without notice. The amount of Houzz Points required to redeem any award may be substantially increased or decreased, any award may be withdrawn, and restrictions on any award or its redemption may be imposed at any time. Houzz may prohibit award redemption for any user at its discretion or when required by law or otherwise.
Notifications or changes concerning the procedures for redeeming Houzz Points, accruing Houzz Points, and other relevant rules will be published by Houzz in these Terms. You will be deemed to accept these conditions, in their then-current form, each time you redeem Houzz Points, regardless of the award levels and rules in effect at the time the Houzz Points were accrued.
You must earn or redeem Houzz Points once every 6 months in order to retain your Houzz Points. If you do not earn or redeem Houzz Points in any 6-month period, all Houzz Points in your account will expire.
C. Terms Applicable to Both Houzz Credits and Houzz Points.
Both Houzz Credits and Houzz Points are promotional and may only be accumulated by Trade Pros and Business Pros and used to make purchases in the Houzz Shop. Please note that the amount of Houzz Credits and/or Houzz Points that you can redeem in a given day may be capped. You may always check your available Houzz Credit and/or Houzz Points balance through your Trade Program or Business Program dashboard. If you have both Houzz Credits and Houzz Points and you seek to redeem such credits, your Houzz Credits will be applied to any purchase first. Once available Houzz Credits have been used, you may draw upon Houzz Points for such purchase. If you want to use Houzz Credits or Houzz Points to make a purchase that exceeds your available Houzz Credit and/or Houzz Points balance, you must pay for the remaining amount. You agree that we are not responsible if you do not have enough Houzz Credits or Houzz Points to facilitate a transaction.
Please note that you will not earn Houzz Credits or Houzz Points on: (i) purchases made with Houzz Credits or Houzz Points; (ii) purchases of products sold at a “Trade Price”; (iii) purchases of Houzz gift cards; or (iv) purchases made with Houzz gift cards.
There are no fees associated with the use of the Houzz Credits or Houzz Points. Neither Houzz Credits nor Houzz Points may be combined with any other promotional program, codes or coupons, except as otherwise stated in these Terms.
Houzz Credits and Houzz Points do not constitute your property and such credits are not transferable. Neither Houzz Credits nor Houzz Points have any cash value and Houzz will not compensate or pay cash for any forfeited or unused Houzz Credits or Houzz Points.
Neither Houzz Credits nor Houzz Points may be sold, purchased or bartered except as explicitly authorized by Houzz. Violators may be liable for damages and litigation costs, including Houzz’s attorneys’ fees incurred in enforcing this provision.
4. Tax Exemption.
A. Requirements for Tax Exemption.
If you are a Trade Pro or Business Pro with tax-exempt status, you may be eligible to make tax-exempt purchases on the Houzz Shop. To request tax-exempt status, you must provide us with a valid resale certificate or other tax exemption certification acceptable to the tax authority for the jurisdiction in which you are requesting tax exemption through the Trade Program or Business Program dashboard. We reserve the right to approve or deny any request in our sole discretion at any time. If we approve your request, then subject to these Terms, our systems will be automatically configured NOT to collect sales or use taxes from you for purchases made on the Houzz Shop from participating sellers (as described below) to be shipped to a jurisdiction for which you have been approved during the time period set forth in your resale certificate or tax exemption certification.
B. Representations, Warranties and Indemnification.
You represent and warrant to Houzz that any resale certificate or tax certification that you provide to us is valid and accurately reflects your tax status, and that you will provide updates as needed to ensure the resale certificate or other certification remains accurate at all times. Houzz will not be responsible to and will not collect or remit sales or use tax for any products or services that you purchase on the Houzz Shop using an account designated with tax-exempt status and shipped to enrolled state tax jurisdictions. You agree not to use your tax-exempt account for the purchase of products or services that are not eligible for tax-exempt status. You further agree that if you do not use the products or services purchased with your tax-exempt account for the purpose for which your tax exemption applies, you will report and pay sales and use taxes directly to the state relating to the products or services to the extent required by law. In order to qualify for exemption, you may be required by law to make purchases using your organization's payment method (e.g., a company credit card) and not a personal payment method (e.g., a personal credit card). You agree to indemnify and hold Houzz and the seller of the items that you purchase with your tax-exempt status harmless for any and all claims relating to your breach of any representation, warranty, or obligation set forth in this section.
C. Participating Sellers.
The Programs only make tax-exempt purchases available to customers purchasing products on the Houzz Shop that are sold by sellers participating in the Programs. In addition, Houzz reserves the right to determine which products are eligible for tax-exemption on the Programs.
Houzz may send you a quote, which consists of a list of goods offered for sale through the Houzz platform at potentially discounted prices (a "Quote"). Each Quote is prepared by a Houzz representative exclusively for a single eligible Trade Pro or Business Pro and may only be purchased through the intended recipient's Houzz account. Quotes are confidential and any distribution is prohibited and may result in cancellation of the Quote. Quotes expire on the date and time listed in the Quote (the "Expiration Date"). Houzz's inventory may change at any time and we do not guarantee that the items in a Quote will remain available through the Expiration Date. If any of the items in your Quote becomes unavailable prior to your purchase, the entire Quote will be unavailable to purchase. If you add or remove any items to your Quote or change it in any way, the entire Quote will be unavailable to purchase. The quote may only be purchased in its entirety and only once. If your Quote is expired or no longer available to purchase, or if you'd like to make changes to your Quote, contact your Account Manager to receive an updated quote. Houzz reserves the right to correct any pricing error, inaccuracy or omission and to retract any Quote. Sales tax will be applied to your Quote where applicable, unless you have registered as a tax-exempt Trade Pro or Business Pro with Houzz prior to your purchase. All items in the Quote are subject to the Houzz Return Policy unless marked otherwise.
Houzz reserves the right to modify these Terms at any time in our sole discretion. All changes will be effective upon our posting notice of such changes on the Houzz website or mobile app or in another manner in our reasonable discretion. You agree that your continued use of the Programs after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to the Terms, you should not use the Programs. Except as otherwise set forth in Section 3(B), if our changes reduce your rights or increase your responsibilities, we will take reasonable steps to notify you of such changes. Your continued use of the Programs after such changes constitutes your acceptance of such changes. You may not assign any rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, the Terms will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. Houzz’s failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision or of any other provision of these Terms.
(Effective as of March 20, 2020)