Terms & Conditions
2020 Points of Focus Terms & Conditions
1. To be eligible to participate in the 2020 Points of Focus program (“POF”), employees must (a) meet POF guidelines for job designation and route assignment; (b) complete 91 days of continuous employment with US Foods, Inc. (“Company”); (c) activate their online POF account at www.usfoods.com/pointsoffocus (“Account”); (d) acknowledge and accept these Terms & Conditions, including Sections 3 and 4 below; and (e) sign the Company's Non-Solicitation and Non-Disclosure Agreement (“NSNDA”).
2. POF-eligible job designations include Territory Manager (“TM”), District Sales Manager (“DSM”), Regional Sales Manager (“RSM”), other positions responsible for locally-managed customer sales with specific assigned routes, and managers with direct reports who are eligible for and enrolled in POF.
3. Employees agree to comply with the NSNDA(s) that they have signed during the course of their employment with the Company. Employees acknowledge the NSNDA(s) signed during the course of their employment are legally enforceable and constitute a binding agreement.
4. Employees acknowledge that good and valuable consideration has been provided in exchange for executing an NSNDA, including the receipt of POF points and the opportunity to earn additional POF points in the future.
Point Earning and Vesting
5. Upon successful completion of all POF requirements provided in Section 1, employees will be enrolled and eligible to earn points (“Participants”). Participants initially activating their Accounts and enrolling in POF for the first time are awarded 15,000 gross points (“Enrollment Bonus”). Participants previously enrolled in the program who complete all eligibility requirements to reenroll in POF between November 5-December 31, 2019 are awarded an Enrollment Bonus of 15,000 gross points. Participants previously enrolled in the program who complete all eligibility requirements to reenroll in POF on or after January 1, 2020 are not awarded an Enrollment Bonus. Enrollment Bonuses are awarded within 10 business days of completing all eligibility requirements.
6. Points earned for sales are calculated weekly. Participants are deemed to have earned points on the day the calculation is made. Participants are eligible to earn points only if they are employed by the Company on the day the calculation is made. TMs are eligible to earn points only after eligible products are received by their assigned qualified customers. Points are deducted if products are returned and/or customers receive credits for their purchases. DSMs and RSMs earn points based on the average points accumulated by their POF-eligible and enrolled direct reports.
7. Participants do not earn points while they are on any form of leave or suspension, except for eligible products sold prior to the commencement of the leave or suspension. Points that are accumulated prior to the commencement of a leave or suspension are not forfeited.
8. On the last day of each fiscal quarter, the accumulated points of Participants that are actively employed by the Company, including Participants on leave or suspension, will vest according to the vesting rules set forth in Sections 9 and 10 below. Generally, accumulated unvested points are not transferrable and do not have a cash value.
9. Accumulated points for Participants must be in excess of 35,000 to vest. Accumulated points less than 35,000 will carry forward to the next quarterly vesting period. If a Participant is on leave or suspension at the end of the fiscal quarter, his/her accumulated points will vest only if they are in excess of 35,000 as well. If said Participant on leave or suspension has less than 35,000 accumulated points, the points will carry forward until they exceed this minimum threshold.
10. When accumulated points vest, the dollar value of those points will be included as wages in the Participant's gross wages. The Company will issue a wage statement for this payment. If the Participant is still actively employed by the Company, the dollar value of vested points, net of all applicable wage deductions and withholdings including federal, state, and local income taxes and wage garnishments, will be credited to the Participant's Account and may be redeemed for cash in the form of a prepaid debit card.
11. The accumulated points of a Participant who transfers to a non-eligible position within the Company (“Transferred Participant”), and thus is no longer able to participate in POF and accumulate points, will vest at the end of the period in which the eligibility change occurred, regardless of point balance, and the dollar value of vested points, net of all applicable wage deductions and withholdings including federal, state, and local income taxes and wage garnishments will be credited to his/her Account and may be redeemed for cash in the form of a prepaid debit card. Transferred Participants will have 90 days following transfer to redeem any vested points credited to their Accounts. After the expiration of the 90-day post-transfer period, any unredeemed points will be forfeited, unless prohibited by law.
12. Previously-accumulated points of a Participant whose employment is terminated for any reason (“Terminated Participant”), and thus is no longer actively employed by the Company, will vest at the end of the period in which the eligibility change occurred, regardless of point balance, and the dollar value of vested points, net of all applicable wage deductions and withholdings including federal, state, and local income taxes and wage garnishments will be issued in the form of a Company check payable to the Terminated Participant, consistent with applicable law. Terminated Participants will have 90 days following termination to redeem any vested points previously credited to their Accounts. After the expiration of the 90-day post-termination period, any unredeemed points will be forfeited, unless prohibited by law.
Company Rights and Limitations of Liability
13. The Company has the right in its sole discretion to amend, modify, or terminate POF at any time without prior written notification.
14. The Company has the right in its sole discretion to modify or eliminate the point values assigned to eligible POF products or any points accumulated by Participants for the sale of eligible POF products at any time without prior written notification.
15. The Company and its appointed POF administrators have the right to verify Participant compliance of these Terms & Conditions and modify the eligibility status of Participants at any time without prior notification.
16. The Company does not have any responsibility or liability for wage payments after they are credited to a Participant's Account, including the loss or theft of one’s prepaid debit card issued through his/her Account.
17. I acknowledge that these Terms & Conditions supersede any other oral or written agreement or representation relating to POF.
18. I authorize the acceptance of these Terms & Conditions knowingly and voluntarily, for my own benefit or convenience, and with my full understanding to receive my POF vested points from the Company in the form of a credit to my Account. I have been informed that my employment will not be terminated, nor will I be subject to disciplinary actions for refusing to accept these Terms & Conditions. I further understand that I may revoke this authorization at any time by contacting my local Human Resources department in writing.
19. I hereby authorize the Company, and its applicable affiliates and subsidiaries, to (a) pay me any and all wages earned by me under POF via the crediting and redemption process through my Account managed by Augeo Marketing, Inc. and (b) provide to me a statement of my wage earnings and deductions through the online reports available at my.usfoods.com/hrcafe.
20. I understand that fees may be charged in connection with the use of the prepaid debit card I have redeemed my vested points toward. I acknowledge that this fee schedule is made available to me at login.wirecard.com/pointsoffocus, and I agree to such fees and any applicable terms and conditions.
21. I understand and agree that nothing in these Terms & Conditions, any NSNDA, or POF document creates or is intended to create an express or implied employment contract or promise of employment for any specific period of time. I acknowledge and agree that my employment with the Company is at-will, and that these Terms & Conditions do not alter that at-will employment status. Notwithstanding any provision of these Terms & Conditions, the Company and I retain the right to terminate our employment relationship, with or without cause and with or without notice, at any time.