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KORSVIP Terms & Conditions

LAST UPDATED: AUGUST 12, 2026

1. Membership & Eligibility

The KORSVIP Program (“Program” or “KORSVIP”) is a rewards program offered by Michael Kors (USA), Inc. and its parent, subsidiary and affiliate entities (“Michael Kors” or the “Company”) to its customers located in the United States and Canada. You may register for Membership in the Program ("Membership" or "KORSVIP Account") on our website at www.michaelkors.com or in any of our Lifestyle, Outlet or Collection retail stores located in the U.S. or Canada (each registered person, a “Member”). To register for the Program, you must provide your first and last name as well as a valid email address. If you already have an account with Michael Kors, you should register for the Program using the same email address you use for that account.

Membership is limited to individuals only and is limited to one KORSVIP Account per individual. The Program is free to join. Employees, officers, directors, agents, and representatives of Michael Kors and its affiliates are eligible for Membership, but may be excluded from certain parts of the Program. You must be age 16 years or older and a legal resident of the United States or Canada to be eligible for Membership. Eligible minors must attain their parent's or legal guardian's consent prior to participation. The Program is intended for personal use only. Commercial use is prohibited.

BY REGISTERING FOR THE PROGRAM, YOU AGREE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”), AS WELL AS OUR PRIVACY NOTICE, WHICH IS INCORPORATED INTO AND MADE A PART OF THESE TERMS. NO PURCHASE IS NECESSARY TO BECOME A MEMBER OF THE PROGRAM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE KORSVIP PROGRAM OR, IF YOU ARE AN EXISTING MEMBER, DISENROLL FROM THE KORSVIP PROGRAM BY CONTACTING CUSTOMER SERVICE AS DEFINED IN SECTION 17.

Affiliates and licensees of Michael Kors (e.g., Michael Kors in China, or Michael Kors in the Middle East) may also offer similar rewards programs to their customers. Membership in the Program is separate from, and does not confer any rights or benefits in, any program of any other Michael Kors affiliate or licensee.

You agree to provide only true, accurate, current, and complete information, and you accept all responsibility for any and all information and activities that occur under your KORSVIP Account. We are not under any obligation to verify the actual identity or authority of any person using your KORSVIP Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your KORSVIP Account or to restrict your access to all or part of the Program or your KORSVIP Account for any reason consistent with these Terms. You are responsible for any tax liability related to your participation in the Program.

2. KORSVIP Points

Under the Program, members earn ten (10) points (“Program Points” or “Points”) for every U.S. or Canadian dollar ($1) spent on an Eligible Purchase. An “Eligible Purchase” means a purchase made on www.michaelkors.com or at a participating Michael Kors Lifestyle, Outlet, or Collection retail store in the United States or Canada, excluding: gift cards or e-gift cards; taxes, shipping, handling, gift wrapping, monogramming, or other service fees; purchases made outside the United States and Canada; and purchases made in or from department stores, specialty stores, travel retail stores, or off-price stores.

To earn Program Points on an Eligible Purchase, you must be logged in to your KORSVIP Account when purchasing online or provide the email address associated with your KORSVIP Account when purchasing in store. Program Points will not be applied retroactively if these requirements are not met at the time of purchase.

Program Points may take up to five (5) days after an Eligible Purchase or eligible activity to appear in your KORSVIP Account. Program Points have no cash value, are not redeemable for cash, and may be used only as described in these Terms. If you return any portion of an Eligible Purchase, the related Program Points will be deducted from your KORSVIP Account and any related Reward may be cancelled, reversed, or adjusted.

Members may also earn Program Points through eligible non-purchase activities, which may include:

  • Joining the Program to earn 100 Program Points, limited to once per lifetime per KORSVIP Account;
  • Adding items to Favorites on www.michaelkors.com to earn 10 Program Points per item, limited to 10 items per year per KORSVIP Account;
  • Submitting ratings and reviews on www.michaelkors.com to earn 50 Program Points per rating and review, limited to 5 ratings and reviews per year per KORSVIP Account;
  • Providing birthday information, signing up for SMS or email messages, or joining your local store community to earn Program Points as communicated by Michael Kors; and
  • Referring a friend to shop at Michael Kors to earn 500 Program Points, limited to five (5) qualifying referrals per year per KORSVIP Account, or such other limit as Michael Kors may communicate.

Non-purchase activities may be subject to additional eligibility requirements, frequency limits, validation, delay, reversal, or cancellation. Michael Kors may add, remove, suspend, or modify eligible activities at any time.

Program Points are valid for 370 days after they are earned, unless otherwise stated in a specific offer or Program communication. Program Points may expire, be forfeited, or be reset if your Membership is revoked or cancelled, or as otherwise provided in these Terms.

Michael Kors may reset, adjust, convert, replace, or migrate Program Points in connection with Program changes, including any transition to a redesigned KORSVIP Program.

3. KORSVIP Status

Your KORSVIP Status is based on your qualifying spend on Eligible Purchases during a calendar year. Program Points may be converted into Rewards as described in these Terms, but Program Points do not determine your KORSVIP Status. The Program includes the following statuses:

  • STUDIO: Free to join
  • BACKSTAGE: $250 or more in qualifying annual spend
  • RED CARPET: $750 or more in qualifying annual spend

Your KORSVIP Status begins when you join the Program or meet the qualifying annual spend threshold for a higher status. Unless otherwise stated by Michael Kors, a higher status applies for the remainder of the calendar year in which it is earned and the following calendar year. To maintain that status after that period, you must meet the applicable qualifying annual spend threshold again during the relevant calendar year.

Program benefits may vary by KORSVIP Status and availability. Benefits may include standard free shipping and returns, birthday rewards, early access to sales or new arrivals, double points days, private styling appointments, free gift wrap, surprise and delight gifting, private in-store events, Red Carpet Rewards, and VIP experiences. Expedited shipping and annual member gifts are not guaranteed Program benefits unless expressly offered by Michael Kors in a separate promotion or communication.

Your KORSVIP Status will be determined based on your qualifying spend during the applicable calendar year. If you do not meet the applicable qualifying annual spend threshold during the relevant calendar year, you may move to a different KORSVIP Status.

Michael Kors may add, modify, substitute, limit, or discontinue any status benefit at any time. For a full list of benefits and rewards for all KORSVIP statuses, visit our About KORSVIP page for more information.

4. Rewards

Under the Program, Members will receive promotional rewards (a “Reward”) through several methods. Once you earn two thousand (2,000) Program Points, you will receive a ten dollar ($10) Reward for use on a future Eligible Purchase, subject to the Annual Rewards Limit of four (4) per calendar year. Unless otherwise stated, members may apply one (1) point-based Reward per order, for a maximum of ten dollars ($10) per order, and may use up to four (4) point-based Rewards per calendar year, for a maximum of forty dollars ($40) off per year.

Rewards issued through point redemption are valid for ninety (90) days after issuance unless otherwise stated in the applicable offer terms. Rewards are promotional only, have no cash value unless required by law, are not redeemable for cash, and cannot be exchanged, sold, returned, or transferred.

RED CARPET Status members will receive one (1) fifty-dollar ($50) Red Carpet Reward annually. Birthday rewards are available to eligible STUDIO, BACKSTAGE, and RED CARPET Status members who provide birthday information in their KORSVIP Account. Birthday reward amounts, timing, expiration dates, redemption instructions, exclusions, and other restrictions may vary.

Rewards may be applied or redeemed when you make an Eligible Purchase, including at checkout online or in store, if your KORSVIP Account has an available Reward and the purchase satisfies the applicable Reward requirements. Rewards may not be applied to prior purchases, split across transactions unless expressly permitted, or combined with other offers, promotions, discounts, or Rewards except as stated in the applicable offer terms.

If multiple Rewards are available, Michael Kors may determine the order in which Rewards are applied, including by expiration date, reward value, reward type, or other criteria. Specific Rewards are available while supplies last and may be subject to limitations, substitutions, exclusions, channel restrictions, expiration dates, automatic redemption, usage limits, and other terms communicated by Michael Kors.

Michael Kors may establish, modify, or enforce limits on the number, value, frequency, timing, or type of Rewards that may be earned, issued, redeemed, automatically redeemed, or used during any applicable period, including per transaction, per day, per month, per calendar year, per KORSVIP Account, or per KORSVIP Status. Unused Rewards remaining after a usage cap is reached may expire, remain unavailable until a later period, or be subject to other restrictions.

If a purchase for which a Reward was applied or redeemed is cancelled, returned, exchanged, refunded, adjusted, or otherwise not completed, Michael Kors may cancel, reverse, reissue, reinstate, or adjust the Reward, related Program Points, and any associated KORSVIP Status or benefit, subject to applicable law.

5. Privacy

We collect, use, disclose, and otherwise process personal information in connection with the Program as described in these Terms and in our Privacy Notice. Personal information processed for the Program may include identifiers and contact information, account credentials, purchase and return history, qualifying spend, Program Points, Rewards, KORSVIP Status, benefit eligibility, redemption history, birthday information, Favorites activity, product ratings and reviews, SMS and email signup status, referral activity, Pre-Loved or resale activity, digital loyalty card activity, device or wallet-related information, customer service interactions, and other information you provide or that is generated through your participation in the Program.

We may use personal information to administer your Membership; create, maintain, and authenticate your KORSVIP Account; calculate qualifying spend, Program Points, Rewards, and KORSVIP Status; issue, apply, redeem, cap, reverse, adjust, or expire Rewards; validate eligible purchases and non-transactional activities; process returns, exchanges, refunds, cancellations, and adjustments; prevent fraud, misuse, or abuse of the Program; provide customer service; operate digital loyalty card, referral, Pre-Loved, charitable donation, give-back, and similar features; personalize Program benefits, offers, recommendations, promotions, and communications; analyze and improve the Program; and comply with legal, regulatory, accounting, tax, security, and operational requirements.

We may disclose personal information to our affiliates, service providers, contractors, technology providers, payment and ecommerce providers, CRM and marketing providers, analytics providers, customer service providers, loyalty platform providers, fraud prevention and security providers, logistics and fulfillment providers, and other parties that help us operate, support, analyze, secure, or improve the Program. If you participate in features operated with or through third parties, such as digital wallet providers, referral providers, Pre-Loved or resale platforms, charitable donation or give-back partners, or similar program partners, we may disclose information to or receive information from those parties as needed to provide, validate, administer, or support the feature, subject to applicable law and any additional terms presented to you.

If we make a digital loyalty card or similar digital KORSVIP experience available, we may process information needed to provide and update that feature, such as your name, account identifier, KORSVIP Status, benefit eligibility, Program Points, Rewards, card number or barcode, device or wallet-related identifiers, and information about whether the card has been added, updated, used, or removed. Digital wallet providers and device platforms may process your information in accordance with their own terms and privacy policies.

If you choose to sign up for SMS or email communications, provide birthday information, refer a friend, submit a review, add items to a Favorites list, list an item through an approved Pre-Loved or resale experience, or participate in a charitable donation, give-back, or similar feature, we may process the information needed to confirm eligibility, award or redeem Program Points or Rewards, send related communications, validate activity, apply frequency limits, prevent fraud or misuse, and comply with applicable law. If you refer a friend, you represent that you have any permissions required to provide the referral information, and we may use that information to send or support the referral invitation and to administer the referral offer.

We may use purchase history, browsing or engagement information, Program activity, KORSVIP Status, Program Points, Rewards, benefit usage, customer preferences, and account information to determine offer eligibility, personalize Program communications and promotions, recommend products or benefits, apply or prioritize Rewards, administer usage caps, and identify Program opportunities that may be relevant to you. Some Program features, including Reward issuance, automatic redemption, benefit eligibility, reward usage caps, fraud prevention, and tier qualification, may be determined using rules-based processing or automated systems.

The Program may be considered a loyalty program, bona fide loyalty program, or financial incentive under certain privacy laws because members may receive points, rewards, discounts, offers, benefits, or other value in connection with their participation. The material terms of the Program are described in these Terms. The value of Program benefits is reasonably related to the value we receive from offering and administering the Program, including customer engagement, purchase activity, loyalty, and related operational and commercial insights. You may opt in to the Program by enrolling and may withdraw from the Program as described in these Terms, though withdrawal may affect your ability to receive Program Points, Rewards, benefits, or related communications.

For Canadian members, participation in the Program and receipt of certain marketing communications may be subject to consent requirements. You may withdraw consent to certain communications as described in our Privacy Notice or in the applicable communication. However, some Program-related communications are necessary to administer your Membership, including communications about your account, Program Points, Rewards, status, benefits, changes to these Terms, fraud prevention, security, or customer service. If you withdraw consent for communications or processing that is necessary to administer the Program, you may no longer be able to participate in some or all Program features.

We retain Program-related personal information for as long as reasonably necessary to administer the Program, maintain your KORSVIP Account, provide benefits, support customer service, validate purchases and activities, process returns and adjustments, maintain records of Program Points, Rewards, status, and redemptions, prevent fraud or misuse, comply with legal, tax, accounting, security, and operational requirements, and resolve disputes. Retention periods may vary based on the type of information, Program feature, legal requirement, and our legitimate business needs.

6. Program Communications

We collect information from and about you in connection with your Membership and your participation in the Program. Our practices with respect to the collection, use, and disclosure of your information, as well as your rights with respect thereto, are described in our privacy notice, which is incorporated into and made a part of these Terms.

By registering for a Membership in the Program, you are agreeing to receive emails and other communications, which may include messages about your Membership, as well as about products, services, and other offers in connection with the Program. You may also consent to receive marketing materials and other communications from and about Michael Kors generally.

IMPORTANT NOTE: if you click on the unsubscribe link specific to the Program in one of the emails you receive as part of the Program, you will be opting out from receiving all future communications about the Program AND you will be effectively cancelling your Membership with the Program. At this time, you are not able to opt out of Program-related emails without cancelling your Membership, since such Program communications are a core part of the Program Membership. If you consented to receiving general Michael Kors marketing communications (i.e., not specific to the Program) and you wish to unsubscribe from all such future communications, you should follow the instructions set forth in our Privacy Notice.

7. Changes, Termination and/or Removal From Program

We may terminate, change, suspend, restrict, or discontinue any aspect of the Program or your Membership at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion. These Terms will terminate commensurate with the discontinuance or termination of your Membership privileges. However, the Terms will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior use of and participation in the Program, and anything connected with, relating to, or arising therefrom or from your Membership. Membership is non-transferable and Eligible Purchases must be made by the member who is registered on that KORSVIP Account. If your Membership is revoked or otherwise cancelled, any KORSVIP Points in your KORSVIP Account will automatically expire. Michael Kors reserves the right to make changes to its website, to the Program, and to these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes.

By joining the Program or continuing to participate in the Program, you hereby agree to be bound by any such changed Terms. Any changes or modifications will be effective immediately upon posting the revisions to www.michaelkors.com, and you waive any right you may have to receive specific notice of such changes or modifications. If you do not agree to any changes to the Terms, you should disenroll from the Program within 30 days of the effective date of the Terms.

8. Disclaimer of Warranties

THE PROGRAM, AND ALL CONTENT, FUNCTIONS, DOWNLOADS, AND MATERIALS ASSOCIATED THEREWITH ARE PROVIDED "AS IS," "AS AVAILABLE,” WITHOUT WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND MICHAEL KORS HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. MICHAEL KORS DOES NOT WARRANT THAT THE PROGRAM WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. MICHAEL KORS MAKES NO WARRANTY THAT THE PROGRAM, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MICHAEL KORS, OR THROUGH THE PROGRAM, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY MADE HEREIN (OR IN ANY POLICY OR DOCUMENT EXPRESSLY INCORPORATED HEREIN). MICHAEL KORS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR IN CONNECTION WITH THE PROGRAM. IF YOU ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PROGRAM. MICHAEL KORS DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND MICHAEL KORS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE PROGRAM CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MICHAEL KORS, OR ANY OF ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE PROGRAM OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE PROGRAM, LOST BUSINESS OR LOST SALES, PROFITS, OR GOODWILL, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE PROGRAM, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PROGRAM. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR PARTICIPATION IN THE PROGRAM EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO MICHAEL KORS FOR YOUR USE OF THE PROGRAM, OR (B) ONE HUNDRED DOLLARS (USD 100). ALL USERS OF THE PROGRAM UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT THESE LIMITATIONS ON LIABILITY. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

10. Submitted Materials

Unless specifically requested of us, we neither solicit nor wish to receive any confidential, secret or proprietary information or other material from you. Any information, proposals, requests, creative works, photographs, documents, ideas, suggestions, drawings, comments, reviews, ratings, feedback or other materials submitted or transmitted through or in connection with the Program in any manner, including, but not limited to, through the “Contact Us” section (collectively, “Submitted Materials”) will be deemed not to be confidential, secret or proprietary and may be used by us in any manner consistent with these Terms.

By submitting, uploading, posting or sending Submitted Materials to, on or through the Program, you: (i) represent and warrant that either (A) your Submitted Materials are original to you and that no other party has any rights thereto, or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Program for our use, in accordance with these Terms and with any purposes that may be described in connection with the Program, and that any “moral rights” in the Submitted Materials have been waived; and (ii) you grant to us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display, make, exploit, sell, export or incorporate such Submitted Materials (in whole or in part) in other works (including, without limitation, any Program materials), products or services, in any form, media, or technology now known or later developed, and for any purpose. We are not responsible for maintaining, and may delete or destroy, any Submitted Material that you provide. You represent and warrant that your Submitted Materials comply with these Terms, and you agree to keep all necessary supporting documentation, and to make such records available to us upon our request.

11. Proprietary Rights

The Program is operated by Michael Kors and its providers acting on Michael Kors’ behalf. All Program design, text, graphics, logos, button icons, images, audio clips, content, materials and the selection and arrangement thereof, and all intellectual property and proprietary rights therein and thereto, are owned solely and exclusively by Michael Kors and its licensors and suppliers. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Michael Kors and is protected by U.S., Canadian and international copyright laws. All software used in connection with the Program is the property of Michael Kors or its providers who help to operate the Program, and is protected by U.S., Canadian and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Michael Kors is strictly prohibited.

12. Trademarks

The trademarks, logos, service marks and trade names displayed in connection with the Program (including, without limitation, KORSVIP, STUDIO, BACKSTAGE, RED CARPET, MICHAEL KORS, MICHAEL MICHAEL KORS, MK MICHAEL KORS, MICHAEL KORS COLLECTION, etc.) are registered and unregistered trademarks of Michael Kors and other persons (collectively, the “Trademarks”), and may not be used, or copied (in whole or in part) unless expressly authorized by the applicable Trademark owner. Nothing contained in the Program should be construed as granting, expressly, by implication, estoppel, or otherwise any license or right to use any Trademark displayed in the Program or as part of any Program content, without our written permission or that of the applicable third-party rights holder.

13. Resolving Disputes

If a dispute should arise between you and Michael Kors regarding the Program, you should contact our customer service team by sending an email to customerservice@michaelkors.com (for the U.S.) or customerservice@michaelkors.ca (for Canada). If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

14. Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

  1. Arbitration Agreement

    2. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND THE COMPANY AGREE THAT ANY DISPUTE (AS DEFINED BELOW) SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION EXCEPT AS OTHERWISE PROVIDED HEREIN.

    For purposes of this Section, “Dispute” shall include, but is not limited to, any claims or controversies arising out of or related in any way to these Terms, your participation in the Program, products or services offered, sold, or distributed by the Company, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or any communications with or your relationship with the Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, even if the Dispute arises after the termination of your relationship with the Company, or if the Dispute arose before you entered into these Terms or out of a prior agreement with the Company.

    Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, or claims for personal bodily injury, which shall not be subject to arbitration or the notice and informal process described below.

    The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which are for a court of competent jurisdiction to decide. These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.

    You and the Company agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.

  2. Mandatory Notice of Dispute and Informal Dispute Resolution Process

    3. Before initiating an arbitration, you and the Company each agree to first provide the other with a detailed written notice (“Notice of Dispute”). The Notice of Dispute must include (i) the name, telephone number, mailing address, email address, and Account number (if applicable) of the person or entity providing the notice; (ii) sufficient information to enable you or the Company to identify any transaction at issue (including any receipts or order confirmations); (iii) a detailed statement of the legal claims asserted and the factual basis for those claims; and (iv) a detailed description of the remedy sought and an accurate, good-faith calculation of the amount in controversy.

    The Notice of Dispute must be personally signed by the party initiating the Dispute (and their counsel, if represented). Your Notice of Dispute to the Company must be sent by mail to Michael Kors (USA), Inc., 11 West 42nd Street, New York, NY 10036, Attention: Legal Department. The Company’s Notice of Dispute to you must be sent by mail or email to the most recent contact information that you have provided to the Company.

    For a period of 60 days from the date of receipt of a completed Notice of Dispute from the other party, you and the Company agree to make attempts to resolve the Dispute prior to commencing an arbitration. If requested by the party that receives the Notice of Dispute, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute.

    Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.

    If the sufficiency of a Notice of Dispute or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court of competent jurisdiction at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

  3. Arbitration Procedures

    4. The arbitration shall be administered by the AAA, and heard by a single, neutral arbitrator. Except as modified by these Terms, AAA shall administer the arbitration in accordance with their rules applicable to the nature of the Dispute, including the AAA Consumer Arbitration Rules and/or the AAA Mass Arbitration Supplemental Rules, as applicable (“AAA Rules”). The AAA Rules, fee information, forms and instructions to initiate arbitration are available at https://www.adr.org/. You and the Company agree that it is a material breach of these Terms to seek to initiate the arbitration with any administrator other than AAA (or an alternative administrator agreed to by the parties).

    The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (a) the mandatory process described in Section 14.B above, and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would. If you are initiating arbitration, you shall serve the demand for arbitration on the Company by mail to Michael Kors (USA), Inc., 11 West 42nd Street, New York, NY 10036, Attention: Legal Department. If the Company is initiating arbitration, it shall serve the demand for arbitration by mail or email to the most recent contact information that you have provided to the Company.

    You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or solely through written submissions, except the respondent in any arbitration where the claimant is seeking $10,000 or more or injunctive relief shall have the right to elect an in-person, video, or phone hearing. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Company representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually reasonably convenient location.

    An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

    Unless both you and the Company agree otherwise, and to the fullest extent permitted by applicable law, you and the Company agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and the Company agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. If this prohibition is found to be unenforceable as to your Dispute, then the entirety of this Arbitration Agreement shall be null and void, and neither the Company nor you shall be entitled to arbitrate the Dispute and it shall instead proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

  4. Arbitration Costs

    5. Payment of arbitration fees will be governed by the applicable AAA Rules and fee schedule. You and the Company agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration, and agree to work together in good faith to ensure that arbitration remains economical and cost-effective for all parties.

  5. Additional Procedures for Mass Arbitration

    6. If 25 or more individuals submit Notices of Dispute or attempt to initiate arbitrations with the Company raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated for these individuals (“Mass Filing”), you and the Company agree that if the claims are not resolved and proceed to arbitration, these additional procedures shall apply, and the resolution of your Dispute might be delayed and ultimately proceed in court if not resolved through the process set forth below. The AAA Mass Arbitration Supplementary Rules shall apply to the extent they are not inconsistent with this paragraph.

    The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of claims.

    If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that the Mass Filing is first submitted to AAA until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this Section.

    Counsel for the individuals and counsel for the Company shall each select 10 cases (per side) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side’s counsel may elect to have their 10 cases selected randomly. The number of Disputes to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties. The parties will meet and confer in good faith to arrange for a mutually convenient location or manner for the arbitration of Disputes selected for this initial staged process to take place. No other cases may be filed in arbitration or deemed to have been filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims by AAA until they are selected to proceed to individual arbitration proceedings as part of a staged process.

    In addition to any mediation required by AAA, if the parties are unable to resolve the remaining cases after the conclusion of the first stage of arbitration proceedings, the parties shall participate in a mediation session before a mediator jointly selected by counsel for the parties in an effort to resolve the remaining Disputes. The Company shall pay the mediation fee. If the parties are unable to resolve the remaining claims in mediation, Counsel for the individuals and counsel for the Company shall each select 20 cases (per side) to proceed in individual arbitration proceedings as part of a second staged process. If the parties are unable to resolve the remaining cases after the conclusion of the second stage of arbitration proceedings, the parties shall participate in a second mediation session before a mediator jointly selected by counsel for the parties in an effort to resolve the remaining Disputes. Upon the conclusion of the second mediation session, any Disputes part of the Mass Filing that are not settled or withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree to proceed with the adjudication of some or all of the remaining disputes in arbitration and a second mediation session.

    A court will have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.

    The Additional Procedures for Mass Arbitration set forth herein and each of its requirements are essential parts of the Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

  6. Class Action Waiver

    7. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

  7. Jury Trial Waiver

    8. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL.

15. Choice of Law/Forum Selection/Jurisdictional Issues

In any circumstances where the Agreement to Arbitrate Disputes as set forth in Section 14 of these Terms permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the United States and the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York County, New York. Notwithstanding the foregoing, the provision of the Program to consumers in Québec will be governed by the laws of the Province of Québec and the laws of Canada applicable therein, without regard to its conflict of law provisions. Any cause of action arising thereunder shall be commenced and be heard in the appropriate court in the Province of Québec, and you agree to submit to the personal and exclusive jurisdiction of courts located within the District of Montréal in the Province of Québec for such matter. The Program is intended for users located in the United States and Canada. We generally control and operate the Program from our offices in the United States. We do not represent that the Program or any materials presented in connection with the Program are appropriate or available for use in other locations. Persons who access or use any part of the Program from other locations are responsible for compliance with any applicable local laws. Software use for the Program is further subject to United States and other applicable export controls. No software from the Program may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties have expressly requested and required that these Program Terms and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces modalités et tous les documents qui s’y rapportent soient rédigés en anglais.

16. Severability; Survival

The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal and enforceable. Except as otherwise provided herein (e.g., Section 14.C and 14.E), in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, then such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Michael Kors, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions. All provisions of these Program Terms that consist of or relate to notices, ownership of intellectual or other property, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution (including the Arbitration Agreement, Mandatory Notice of Dispute and Informal Dispute Resolution Process, Arbitration Procedures, Additional Procedures for Mass Arbitration, Class Action Waiver, and Jury Trial Waiver), governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Program, shall survive the revocation, expiration or termination, in whole or in part, of these Program Terms.

17. Additional Information on the Program

If you have any questions, complaints, or claims regarding the Program, you may email U.S. customer service at customerservice@michaelkors.com or Canada customer service at customerservice@michaelkors.ca.