Fireclay Tile Trade Program - Terms & Conditions
By participating in the Fireclay Tile Trade Program, you agree to the Terms & Conditions outlined herein.
Membership in the Fireclay Tile Trade Program (“FTTP”) is contingent upon completion of an application and verification of credentials. This includes a copy of a completed IRS W-9 (for U.S. members) listing your Federal Tax Identification Number (EIN or SSN), or a completed IRS W-8 (for Canadian members).
The FTTP is designed for licensed trade professionals, including architects, interior designers, and specialty contractors working primarily on residential projects in the U.S. and Canada. Membership and eligibility are contingent upon maintaining an active business license and meeting the stated criteria. Upon approval, members will receive a confirmation email within a few business days confirming their acceptance and a summary of benefits. Each designer or professional on a team must apply individually, as the FTTP does not grant company-wide or group memberships.
Membership in the FTTP is a privilege, not a right, and is non-transferable. Account Names must be presented at the time of purchase for program benefits to apply, including discounts and referral cash rewards. Membership is not valid for gift card purchases or any special promotions unless otherwise specified. Any requests to add past orders to the FTTP account will be reviewed at Fireclay Tile’s sole discretion and may not be guaranteed.
Misuse of FTTP membership will result in termination of membership. “Misuse” includes, but is not limited to, unauthorized use of Fireclay Tile trademarks or proprietary information, false or disparaging representations concerning Fireclay Tile products, services, or employees, transfer of membership to others, allowing unauthorized use of your trade account, and submission of false, expired, or misleading information in connection with an application or referral.
Membership Tiers and Referral Cash Rewards
The FTTP offers four Membership Tiers based on annual specification levels:
- Member: $0 - $10,000 in annual specification
- Silver: $10,000 - $30,000 in annual specification
- Gold: $30,000 - $100,000 in annual specification
- Platinum: $100,000+ in annual specification
Each tier grants increasing benefits, including discounts, complimentary samples, design services, and Referral Cash Rewards. Referral Cash Rewards are calculated as a percentage of annual specification based on the member’s tier status, with rewards ranging from 1% to 4%. Referral Cash Rewards are paid annually following the end of the calendar year, are based on the total delivered and fully paid project volume within that year, and do not include shipping, handling, or tax.
To qualify for Referral Cash Rewards, projects must meet the following criteria:
- The project must be associated with an approved FTTP account in good standing.
- The project must be specified and completed with Fireclay Tile products.
- Fireclay Tile must receive full payment from the client for the project.
- The project must be sold at the full Fireclay Tile retail price, less the applicable Trade discount. Projects with volume discounts are not eligible for Referral Cash Rewards.
- Fireclay Tile reserves the right to exclude certain products, promotions, or project types from eligibility for Referral Cash Rewards at its sole discretion. Referral Cash Rewards are issued only for specified projects within the U.S. and Canada and exclude any returned, canceled, or modified orders after delivery.
Tax Exemption and Documentation Requirements
To qualify for tax exemption on purchases, members must submit a valid resale or tax exemption certificate for each state where merchandise is delivered. Tax exemption applies only when the billing and shipping information matches the details on the certificate. Fireclay Tile reserves the right to request updated certificates and cannot process exemptions for orders with non-matching billing and shipping details. Members who earn over $600 in cash rewards within a calendar year will receive an IRS Form 1099.
Rewards Payment Schedule and Documentation
Referral Cash Rewards are calculated based on the calendar year (January 1 - December 31) and are issued in one annual installment after the end of the calendar year. Payment will be processed within 60 days following year-end, provided all required documentation (such as a W-9 or W-8) is submitted. Fireclay Tile reserves the right to withhold rewards if documentation is not completed within 90 days of the end of the calendar year.
In cases of returns, exchanges, or price adjustments processed after rewards have been issued, the adjustment amount will be deducted from the following year’s rewards payment.
Referral Cash Rewards are typically issued via check or electronic payment. Fireclay Tile is exploring options for future reward redemption, which may include applying rewards as a credit towards future Fireclay Tile purchases. The available redemption methods are subject to change at Fireclay Tile's sole discretion.
Account Maintenance and Responsibility
Members are responsible for maintaining accurate and up-to-date information in their FTTP profile, including contact information, billing and shipping addresses, and tax exemption status. Account details, membership status, and order history are accessible via the Fireclay Tile Trade Dashboard. Members must notify Fireclay Tile of any changes that may impact their eligibility or account status.
It is the responsibility of the FTTP member to ensure their Account Name is presented at the time of purchase or specification. Fireclay Tile cannot retroactively apply benefits to purchases made without a valid Trade Membership. Members are encouraged to notify their clients of their membership status when applicable.
Privacy and Communications
Fireclay Tile respects your privacy. When you join the FTTP, Fireclay Tile collects and uses information about your business, which may include personal data such as your name, contact details, and business information provided in your application or IRS W-9. This information may be shared with service providers as necessary to operate the FTTP. For more information on our privacy practices, please review Fireclay Tile’s Privacy Policy on our website.
Members may receive Marketing Communications related to transactions, rewards, and other FTTP updates as well as Communications regarding Fireclay Tile events, products, and promotions. You may unsubscribe from Marketing Communications at any time, but unsubscribing from these may terminate your FTTP membership.
Limitations of Liability
In no event shall Fireclay Tile be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with membership in the FTTP. Fireclay Tile’s liability to any member for any action arising under the FTTP shall not exceed the total cash rewards paid to the member within the previous 12 months.
Program Changes and Termination
Fireclay Tile reserves the right to modify, alter, amend, or terminate the FTTP, including its benefits, rewards structure, and these Terms & Conditions, at any time, with or without notice. Members will be notified of material changes, where possible, through the Fireclay Tile website or their provided contact information. Changes to the FTTP and its Terms & Conditions will be posted on fireclaytile.com. Continued use of the FTTP membership constitutes acceptance of the current Terms & Conditions. Fireclay Tile retains sole discretion to determine member eligibility and reserves the right to terminate any membership if program terms are violated.
Independent Contractor Relationship
Membership in the FTTP does not create an employment, partnership, or agency relationship between Fireclay Tile and any member, nor does it grant any rights to represent Fireclay Tile beyond specified FTTP activities. Members are responsible for making any required disclosures to clients regarding FTTP membership or rewards, as applicable.
Governing Law and Dispute Resolution
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Delaware. Any dispute arising out of or relating to these Terms & Conditions shall be resolved in the state or federal courts located in Delaware, and all parties hereby consent to the jurisdiction of such courts.
By participating in the Fireclay Tile Trade Program, you agree to the Terms & Conditions outlined herein.
This detailed Terms & Conditions document provides Fireclay Tile with comprehensive legal protections while clearly defining the rights and obligations of Trade Program members. Each section aligns with best practices to minimize liability, ensure compliance, and uphold transparency in member interactions.