Affiliate Agreement


AFFILIATE AGREEMENT

AGREEMENT. These Terms and Conditions (the "Terms") govern your use of the LowerMyRx Website (the “Website”), your receipt of any services through the Website, and your participation in the affiliate program. These Terms constitute an agreement between you and Frankin Technology Services LLC DBA LowerMyRx (“LowerMyRx”) and impose legal obligations upon you. By accessing our Website, you are hereby acknowledging that you have read and understood these Terms and Conditions and agree to be legally bound by them.

You accept these Terms by accessing or using the Website in any manner, even if you do not create an account with the Website. You represent and warrant that you are at least 18 years of age and of legal competence to enter into this agreement. If you are using the Website on behalf of your employer or a third party, you represent and warrant that you are authorized to accept these Terms and Conditions on behalf of your employer or that third party.

If you register as a user of any of the features of our Website, during the registration process (and from time to time as LowerMyRx may require) you will be prompted to click an "I Agree" to Terms and Conditions," "Submit" or similar button, which further confirms your agreement to be legally bound by these Terms and Conditions.

ACKNOWLEDGMENT AND AGREEMENT: You, the AFFILIATE, acknowledge and certify that you agree to the following:

COMPANY, LowerMyRx, agrees to compensate AFFILIATE, as outlined in ADDENDUM A of this AGREEMENT, for each claim COMPANY receives compensation for (hereinafter referred to as a “CLAIM”), that is processed using AFFILIATE's CARDS. AFFILIATE acknowledges that they will NOT be paid for the CLAIMS that the COMPANY does not receive payment, or for those that are reversed or charged back to the COMPANY, for any reason.

  1. AFFILIATE acknowledges that violation of any of these terms is basis for the immediate termination of AFFILIATE, at the COMPANY's sole discretion.
  2. AFFILIATE understands that CARDS offer a point-of-sale discount on prescriptions, and are NOT insurance, and should never be referred to as such in any communication, either verbally or in writing.
  3. AFFILIATE understands and agrees not to distribute CARDS or any marketing information to any customer anywhere on the grounds (inside or out) of any pharmacy.
  4. AFFILIATE understands that CARDS are to be given away free, and are never to be sold for any price on eBay or by any other method, to an end-user. AFFILIATE caught doing so will be terminated.
  5. CARDS are NOT to be distributed on private property, without prior written permission of property owner. This includes placing cards on cars in parking lots, or any other form of distribution on private property. You're not allowed to place or hang cards on USPS mail receptacles. You are not allowed to put cards on vehicles on public/private property.
  6. AFFILIATE understands that CARDS do not guarantee card holders discounts every time and will not provide added discounts to drugs on already-discounted “drugs lists” (found in many pharmacies) or on other specially priced drugs offered by pharmacies.
  7. AFFILIATE agrees to NOT send unsolicited spam, including but not limited to email or junk faxes, as a method of promoting the LowerMyRx program, to anyone.
  8. AFFILIATE agrees to use pre-approved marketing materials (press releases, web ads, print, postcards, brochures, fliers, broadcast, etc.). Any AFFILIATE -produced marketing materials must be approved in writing, by COMPANY before material is used publicly.
  9. The parties agree that COMPANY shall pay AFFILIATE commissions on the processing fees that COMPANY actually receives in connection with Cards based on the usage thereof by Card holders at pharmacies (which shall be tracked by COMPANY), such terms and conditions as more fully described in ADDENDUM A, attached hereto and incorporated herein. Commission payments are made payable to AFFILIATE as shown on this AGREEMENT, and will be sent out by U.S. Mail or ACH, no later than forty-five (45) days following the end of the calendar month.
  10. Commission must total a minimum of fifty dollars ($50.00) as a prerequisite of issuance.
  11. AFFILIATE acknowledges, that as an independent contractor, they are responsible for any and all marketing expenses, as well as any taxes on the compensation paid by the company to the AFFILIATE.
  12. AFFILIATE agrees to notify COMPANY of any contact information changes, including addresses, phone numbers, and email addresses.
  13. AFFILIATE agrees if the monies collected by COMPANY are substantially reduced due to circumstances beyond COMPANY’s control because of industry or government mandate, COMPANY reserves the right to adjust royalties on a pro-rata basis.
  14. AFFILIATE understands that this Agreement contains all the terms and conditions agreed upon by the parties and supersede all prior understandings, writings, proposals, representations, or communications, oral or written, of the parties hereto.
  15. Governing Law. The validity, enforceability, and interpretation of this Agreement shall be determined and governed by the internal laws of the State of New Jersey. All disputes arising under this Agreement shall be construed under the laws of the State of New Jersey.
  16. AFFILIATE shall abide by all laws, policies, rules, standards, and regulations of the United States of America, the state of New Jersey, the jurisdiction they reside and/or do business, and their employer’s jurisdiction.
  17. AFFILIATE understands this agreement may be updated from time to time due to changes in technology, commission, rules/laws/regulations, and other reasons. AFFILIATE shall login to the affiliate area and check for updates to the affiliate agreement. The affiliate agreement can be found in the affiliate area along with the date of last update.
  18. AFFILIATE shall indemnify and hold harmless LowerMyRx and each of its officers, directors, members, and employees, agents, affiliates and successors and assigns from and against any and all losses, damages, claims, suits, proceedings, liabilities, costs, and expenses (including, without limitation, settlement costs, interest, penalties, and reasonable attorneys’ fees and any reasonable legal or other expenses for investigation or defense of any actions or threatened actions) (collectively, “Damages”) which may be imposed on, sustained, incurred or suffered by or served against that party.
  19. AFFILIATE is solely responsible for all actions taken by the affiliate and hereby release, relieve, indemnify and forever discharge LowerMyRx, its employees, agents, officers, trustees and representatives (in their official and individual capacities) from any and all liability whatsoever for any loss of or damage, including but not limited to any claims, demands, actions, causes of action, judgments, damages, expenses and costs, including attorneys fees, which arise out of, result from, occur during or are connected in any manner with participation in the LowerMyRx affiliate program.
  20. AFFILIATE shall not use the name LowerMyRx or any variation thereof in any domain name, website name, blog name, social media page/profile name without written authorization from Company.
  21. AFFILIATE shall not perform any direct or indirect marketing activities with any doctor, nurse, pharmacist or pharmacy technician or intern, any family member of any doctor, nurse, pharmacist or pharmacy technician or intern, or any person or entity acting by or through a doctor, nurse, pharmacist or pharmacy technician or intern, or any other employee of a hospital, medical practice or pharmacy, including, but not limited to, store visits, direct mailing, faxing or any other form of communication, providing discount cards, promotional brochures, or any other goods or services, e.g., pens, magnets, food and beverages to pharmacy personnel or pharmacy customers, or compensating / rewarding pharmacy employees for recruiting membership. Violation of this section will result in immediate termination of this Agreement at LowerMyRx’s sole discretion.
  22. AFFILIATE understands unsolicited communications to card requestee, dissemination of card request emails, dissemination of the requestee's name and/or address, any other use of the requestee's information other than sending a single LowerMyRx discount card is prohibited.
  23. AFFILIATE understands that CARDS shall not be used with other prescription discount cards or for prescriptions paid through a health plan or pharmacy benefits plan. If a member has health insurance or any other funded benefit such as Medicare or Medicaid, they can only use the program for certain prescriptions that are not covered by their plan.
  24. AFFILIATE herby represents, warrants, covenants and agrees that as of the acceptance of this agreement and during the term hereof, AFFILIATE is not a doctor, nurse, pharmacist or pharmacy technician or intern, or a family member of a doctor, nurse, pharmacist or pharmacy technician or intern, or (whether individually or by virtue of the beneficial ownership of AFFILIATE) acting by, through or on behalf of a doctor, nurse, pharmacist, pharmacy technician or intern, or any other employee of a hospital, medical practice or pharmacy.
  25. AFFILIATE acknowledges and agrees that AFFILIATE nor any other AFFILIATE Party (whether directly or indirectly) will solicit, entice, contract, hire or otherwise engage any doctor, nurse, pharmacist or pharmacy technician or intern, any family member of any doctor, nurse, pharmacist or pharmacy technician or intern, or any person or entity acting by or through a doctor, nurse, pharmacist or pharmacy technician or intern, or any other employee of a hospital, medical practice or pharmacy (each, a “Prohibited Person”) to become an AFFILIATE of the COMPANY for which such Prohibited Person is entitled to receive (either directly or indirectly) remuneration of any kind, including, without limitation, any cash compensation or other payment or benefit of monetary value (collectively, “Prohibited Payments”), nor will AFFILIATE or any other AFFILIATE Party request the assignment to any Prohibited Person of any COMPANY group number. AFFILIATE acknowledges and agrees that it is AFFILIATE’s responsibility to ensure that no Prohibited Person has or will receive a COMPANY Program group number or any Prohibited Payments and shall implement such internal controls as is necessary to ensure the same. For the avoidance of doubt, AFFILIATE agrees and acknowledges that federal and state laws applicable to medical and prescription drug programs, such as anti-kickback statutes, may be deemed to apply, and that COMPANY shall not be responsible for any AFFILIATE Party’s compliance with those laws. AFFILIATE certifies that it is not a healthcare provider and that neither it nor any of its employees are Prohibited Persons.
  26. This Agreement may be modified or terminated at any time at the discretion of COMPANY with or without cause. If agreement is terminated with cause, this may result in a forfeiture of all earned compensation.
  27. AFFILIATE shall not offer, sell, market, advertise or otherwise distribute the LowerMyRx prescription drug discount program within the state of Tennessee.
  28. This AGREEMENT shall not constitute or otherwise imply a joint venture, pooling arrangement, partnership or formal business organization of any kind. Both parties shall be considered independent contractors and neither party shall be considered, nor should ever represent themselves as an employee of the other. Under no circumstances shall employees of one party be deemed the employees of the other party.
  29. AFFILIATE shall be responsible for all damage and loss to LowerMyRx due to AFFILIATE’S own actions, including but not limited to, any violation of these terms, negligence, intentional wrongdoing, criminal or regulatory violations, etc.


ADDENDUM A

 

AFFILIATE shall be paid the compensation rates outlined below unless other rates are agreed to in writing.

   

1 – 500 paid claims per month-

Earn $1.25 per paid claim.

501 – 1,000 paid claims per month-

Earn $1.50 per paid claim.

1,001 – 5,000 paid claims per month-

Earn $2.00 per paid claim.

5,001+ paid claims per month-

Earn $2.50+ per paid claim.

$0.55 override on your sub-affiliates.

One level

 

 

ACCESS AGREEMENT

THIS CONFIDENTIALITY OF INFORMATION AND COMPUTER ACCESS AGREEMENT (hereinafter “agreement”) is entered into with Franklin Technology Services LLC DBA LowerMyRx by the business associate or business associate’s employees (such person who is executing, and any business associate entity on behalf of which the person is executing, being hereinafter referred to as the “undersigned” or "you"). You agree to comply with all policies and procedures regarding acceptable use of information system and associated systems and reports.

ACKNOWLEDGMENT AND AGREEMENT: In by accessing the affiliate area and all associated data and reports, you acknowledge and agree to the following:

(1) As an individual who has been granted access rights to any data application and reports, you have a duty to protect the confidentiality of patient information. Therefore, any patient/prescriber information that you are exposed to within the course of his/her interactions, including patient information accessed through the electronic prescription record system, shall be treated as highly confidential. Patient/prescriber information should not be accessed by or disclosed to anyone whose current professional duties do not require such access.

(2) You shall not access, use or disclose patient/prescriber information in a manner that would violate State or Federal privacy laws, including but not limited to the federal Health Insurance Portability and Accountability Act of 1996 Privacy and Security Rules (“HIPAA”) and the federal Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”).

(3) Use of your username or password by anyone other than the undersigned is forbidden under any circumstances. You shall not disclose their username or password and will not write down or otherwise document this information so that it could be obtained or accessed by others. All access must be through such individual’s own username and password, and the you will not attempt to learn or access any information using another user’s credentials. If you learn or has reason to believe that others may know their username or password, it is the your obligation to immediately notify us. If you learn or has reason to believe that any person has made or attempted any unauthorized access to the electronic prescription record system, you must immediately report this information to us.

(4) When you access patient information through the electronic prescription record system, he/she will not allow any unauthorized person to view the patient information. When the undersigned leaves the physical vicinity of a device upon which he/she has logged onto the electronic prescription record system, the undersigned will ensure that he/she properly logs out or secures the system. The undersigned understands that they will be held accountable for all activities undertaken using their credentials if they fail to logoff or secure the computer system.

(5) You will ensure that appropriate security measures are implemented and maintained respecting any device utilized by the undersigned to access the electronic prescription record system. You agree that he/she will not cause or permit any patient information to be electronically downloaded, forwarded, saved (to CD’s, DVD’s, USB drives, portable hard drives, etc.) or otherwise stored on any such device (other than to the provider’s own electronic medical record of the patient). The undersigned will take all reasonable and practical measures to minimize the risk of unauthorized access to the electronic prescription record system through such PC, device or system. In addition, any patient information that is printed must be stored in a secure locked area when not in use and properly disposed of (shredded, not discarded in trash) when the paper copy is no longer needed.

Any breach of privacy or security that results from any act or omission may result in action against the offender. The security practices of business partners should be periodically reviewed to ensure that patient/prescriber information in their possession is adequately protected and properly disposed of when no longer needed, especially when the outsourced relationship has expired or been otherwise terminated.

By completing the registration process you acknowledge that you are digitally signing this document and affirm to have read, understand, and will abide by all terms of this agreement.

Each time you log into the Website you further acknowledge that you have checked for updates to the affiliate agreement and affirm to have read, understand, and will abide by all terms of this agreement.

 

 

 

 CONFIDENTIAL

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Signed by Philip Venticinque
Signed On: March 28, 2021


Signature Certificate
Document name: Affiliate Agreement
lock iconUnique Document ID: 8f6da9e4add87eb6b5a11bdc08219963fc3722b6
Timestamp Audit
March 5, 2021 6:03 pm EDTAffiliate Agreement Uploaded by Philip Venticinque - support@lowermyrx.com IP 71.188.51.157