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Client Referral Program

TERMS & CONDITIONS:

These Terms and Conditions (“Terms & Conditions”) constitute a binding agreement between Yosi, Inc. (“Yosi”, “Us”, “We”, “Yosi Health”, “The Site”, “The Service”, “Yosicare”, “Yosi Patient Registration Mobile Application”, “Yosi App”, “Healthy Village”, “Healthy Village App”, “Healthy Village at Claremont”, “Yosi Patient Registration Tablet Application”, “YosiMD”) and Your Practice (“Company”) OR Individual (“You”).

By participating in Yosi Health’s Client Referral Program, Company or You accept the following Terms & Conditions with Yosi Health, Inc. (“Yosi Health”):

  1. APPOINTMENT AND AUTHORITY OF COMPANY
    • Sales Leads: Company or You may promote Yosi Health’s services to medical practices solely to provide leads to Yosi Health. Company or You have no authority to make commitments or obligations on behalf of Yosi Health.
    • Company Activities: Company or You are responsible for initiating contact with potential customers, providing their information to Yosi Health, and maintaining contact throughout the sales cycle.
    • Conflict of Interest: Company or You warrant that it does not currently represent or promote services that compete with Yosi Health.
  2. REFERRAL CREDITS FOR COMPANY
    • Basis of Referral Credits: Yosi Health will compensate referral credits where: (i) Company provides a potential customer’s information not already in Yosi Health’s records, and (ii) the customer purchases Yosi Health’s services under a Qualified Customer Agreement.
    • Referral Credit Term: Credits are issued only for Qualified Customer Agreements with a minimum 12-month term.
    • Amount of Referral Credit: Company’s credit varies based on practice size at referral and signup stages, as follows:
      • 1 – 5 providers: Total $600 ($300 each at referral , $300 at signup)
      • 6 – 20 providers: Total $1,350 ($350 at referral, $1,000 at signup)
      • 21 – 50 providers: Total $2,500 ($500 at referral, $2,000 at signup)
      • 51+ providers: Total $4,500 ($500 at referral, $4,500 at signup)
    • Credit Terms: Issued 60 days after referral form submission and 60 days after the close of the month in which the agreement is signed and launched.
    • Referral Credit Charge-Back: Yosi Health may charge back credited amounts due to customer refunds. In each such case, Yosi Health may charge back to the Company’s account any amounts previously paid or credited to it with respect to such refunds.
  3. COMPENSATION FOR INDIVIDUAL
    • Basis of Compensation: Yosi Health compensates individuals where: (i) You provide a potential customer’s information not already in Yosi Health’s records, and (ii) the customer purchases Yosi Health’s services under a Qualified Customer Agreement.
    • Compensation Term: Compensation is paid only for Qualified Customer Agreements with a minimum 12-month term.
    • Amount of Compensation: Individual compensation is a one-time payment based on practice size at referral and signup stages, as follows:
      • 1 – 5 providers: Total $600 ($300 at referral, $300 at signup)
      • 6 – 20 providers: Total $1,350 ($350 at referral, $1,000 at signup)
      • 21 – 50 providers: Total $2,500 ($500 at referral, $2,000 at signup)
      • 51+ providers: Total $4,500 ($500 at referral, $4,500 at signup)
    • Compensation Terms: Issued 60 days after referral form submission and 60 days after the close of the month in which the agreement is signed and launched. Compensation is sent via paper check to the individual.
  4. SALE OF SERVICES
    • Acceptance: Company or You have no authority to accept commitments on behalf of Yosi Health. Yosi Health reserves the right to reject any customer.
    • Credit and Payment: Yosi Health invoices customers directly, and payments are made directly to Yosi Health.
  5. WARRANTY AND DISCLAIMER
    • Warranty: Any warranty for Yosi Health’s service is provided directly to the customer by Yosi Health.
    • No Other Warranties: Company shall not make any representation or warranty regarding Yosi Health’s service except as authorized in writing by Yosi Health.
    • DISCLAIMER:  YOSI HEALTH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. YOSI HEALTH EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE.
  6. LIMITATION ON LIABILITY
    • Yosi Health is not liable to Company or You or any third party for lost profits or any other special, consequential, incidental, or indirect damages, regardless of the theory of liability. Yosi Health’s total liability under this Agreement is limited to the amount of referral fees earned by Company or You.
  7. CONFIDENTIALITY
    • Company acknowledges access to confidential information about Yosi Health’s business and agrees not to disclose or use this information except as required to fulfill obligations under this Agreement. Yosi Health agrees to maintain confidentiality of Company-related information.
  8. TRADEMARKS AND TRADE NAMES
    • Company shall not alter or remove Yosi Health’s trademarks appearing on the Site or elsewhere. All use of Yosi Health’s trademarks solely benefits Yosi Health.
  9. MISCELLANEOUS
    • Independent Contractors: Yosi Health and Company are independent contractors. Neither party has authority to direct the other’s activities.
    • Governing Law and Venue: These Terms & Conditions are governed by the laws of the United States of America and the State of Delaware. Each party agrees to the exclusive jurisdiction of the federal and state courts located in Delaware for any disputes related to this Agreement, except for enforcement actions where jurisdiction may be nonexclusive.
    • Entire Agreement: These Terms & Conditions supersede all prior agreements. Headings are for convenience only.
    • Severability: If any provision is invalid, the rest remain in effect. Delay in exercising rights doesn’t waive them.