WebPT Referral Program Terms and Conditions
WebPT and its affiliates ("WebPT") provide services to certain rehabilitation providers. Current or former WebPT Members (“Referring Party”) wish to refer potential WebPT customers to WebPT and receive compensation for the referral, in accordance with the WebPT Referral Program. To the extent necessary, WebPT and the Referring Party are individually referred to as a "Party" and collectively as the "Parties."
The Parties agree as follows:
- Qualified Referrals.
- Only current and former WebPT Members qualify to participate in the WebPT Referral Program (“Referral Program”). WebPT affiliates, employees, and friends and relatives of WebPT employees are excluded from participation in the Referral Program].
- Only physical therapists, occupational therapists, speech language pathologists, or doctors of chiropractic medicine, who may benefit from the use of WebPT services as part of their practice and are located within the United States (“Potential WebPT Member”) may qualify as a referral under the Referral Program.
- To qualify as a referral, the Potential WebPT Member must (1) have completed a sales demo; (2) have not completed a sales demo within six (6) months prior to the date of the referral submission; (3) not currently be a WebPT customer; and (4) subscribe to WebPT for ninety (90) consecutive days post sign up.
- Referral Procedure.
- Referring Party may identify Potential WebPT Members that may elect to subscribe to WebPT's electronic medical record system or other services (“Services”).
- The Referring Party must complete the online WebPT form (“Referral Form”), located at www.webpt.com/referral. The Referring Party will also select his or her referral reward preference using the online form.
- WebPT will contact the Potential WebPT Member and confirm: (1) the referral source and (2) the Potential WebPT Member meets the Referral Program qualifications, as set forth in Section 1.
- If the referral meets the qualifications, as set forth in Section1, the Referring Party will receive an (1) Amazon Gift Card in the amount of $250 or (2) one free month of Services (up to a $250 value) (“Referral Reward”). WebPT will deliver Amazon Gift Cards to the Referring Party by email within thirty (30) days of Referral Reward qualification. The free month of Services (up to a $250 value) will be deducted from the Referring Party’s bill within ninety (90) days of Referral Reward qualification. WebPT will notify the Referring Party when he or she is eligible to receive the Referral Reward.
- If the referral meets the qualifications, as set forth in Section1, the Referring Party will receive an (1) Amazon Gift Card in the amount of $250 or (2) one free month of Services (up to a $250 value) (“Referral Reward”). WebPT will deliver Amazon Gift Cards to the Referring Party by email within thirty (30) days of Referral Reward qualification. The free month of Services (up to a $250 value) will be deducted from the Referring Party's bill within ninety (90) days of Referral Reward qualification. WebPT will notify the Referring Party when he or she is eligible to receive the Referral Reward.
E. If a Potential WebPT Member qualifies as a referral under Section 1.C above, the Potential WebPT Member will receive a one-time discount of $100 off the Services sign-up fee.
- Program Commitments.
- Referring Party agrees to only refer Potential WebPT Members known to the Referring Party. Referring Party agrees and acknowledges that unsolicited emails to unrelated recipients or otherwise any form of mass electronic communications may result in exclusion from the WebPT Referral Program, including without limitation, voiding of outstanding Referral Rewards.
- Referring Party agrees to immediately discontinue all communication with recipients about the Referral Program upon request.
- Prohibited Activities.
- The Referring Party may not, without WebPT's written permission, include any WebPT marks (including, but not limited to, names, logos, likenesses, slogans, trademarks, service marks, copyrights, and trade dress, regardless of whether or not the foregoing are registered with any governmental authority) or WebPT materials in the Referring Party's communications with recipients about WebPT or the Referral Program.
- While there are no limits on the number of Referral Rewards the Referring Party may receive, the Referring Party is prohibited from conducting his or her own promotion of the Referral Program, including without limitation, marketing the Referral Program on websites or sending mass electronic messaging communications, in connection with the Referral Program. The Referring Party may not use any domain names or email addresses that include WebPT, its marks, or its website URLs.
- This Agreement shall become effective upon submission of the Referral Form and shall continue for nine (9) months thereafter. If WebPT rejects the Referring Party's Referral Form, then the Agreement shall terminate upon said rejection.
- Either Party may, at any time for any reason, terminate participation in the Referral Program by providing written notice of withdrawal. Following termination from the Referral Program, the Referring Party is no longer eligible to receive Referral Rewards.
- WebPT Rights.
- WebPT reserves the right to (1) accept or reject any Referral Form at its sole discretion; (2) determine eligibility for Referral Rewards in the event of conflicting or duplicate referrals; (3) refuse service to a Potential WebPT Member for any reason; (4) change the Referral Program rules at any time for any reason, without prior notice, including without limitation, the scope of WebPT's services that are eligible, Referral Reward distribution rules and Referral Rewards; and (5) void Referral Rewards for Referring Party's breach of these Terms and Conditions.
- No Liability; Indemnification.
- The Referring Party agrees to indemnify, defend, and hold harmless WebPT and its directors, officers, agents, employees, subsidiaries, affiliates, and successors in interest (“Indemnified Parties”) from any liability (including, but not limited to, all losses, actual costs, expenses, judgment award, settlement monies, and attorneys' fees on account thereof) based on any claim brought against WebPT and/or Potential WebPT Member related to (1) Referring Party's breach of these Terms and Conditions or (2) Referring Party's gross negligence, willful misconduct, or failure to comply with applicable law.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT shall WebPT (ITS DIRECTORS, OFFICER, AGENTS, EMPLOYEES, SUBSIDAIARIES, AFFILITATES, AND SUCCESSORS IN INTEREST) be liable for any indirect, special, incidental, consequential, punitive, or exemplary damages, including, but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses (even if the Party has been notified of the possibility of such losses) arising out of or related to this Agreement.
- Acceptance of Terms and Conditions. As part of its participation in the WebPT Referral Program, Referring Partner hereby agrees and consents to these Terms and Conditions and any other requests and rules set by WebPT from time to time, in its reasonable discretion, in connection with the Referral Program. Except as otherwise explicitly provided herein, this Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and the transactions contemplated hereby, and supersedes all prior oral and/or written understandings and agreements relating thereto. Neither Party nor any of its agents has made any representations to the other which the Parties intend to have any force or effect, except as specifically set forth herein. Neither Party, in executing or performing this Agreement, is relying upon any statement, covenant, representation, or information of any nature whatsoever to whomsoever made or given, directly or indirectly, verbally or in writing, by any person or entity, except as specifically set forth herein.
- Independent Contractors.The Parties herein act on their own behalf as independent contractors. Nothing in this Agreement shall create any joint venture, agency, franchise, sales representative, employment, or any other relation between the Parties.
- Notices. All notices, requests, consents, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the Party to whom notice is to be given, on the date of transmittal of services via telecopy or electronic mail to the party to whom notice is to be given, or on the third day after mailing if mailed to the Party to whom notice is to be given, by first class mail. Referring Party may submit notices to email@example.com.
- Governing Law. This Agreement shall be interpreted, construed, and enforced in all respects in accordance with the laws of the state of Arizona, excluding its conflict of laws principles. The Parties irrevocably and unconditionally submit to the jurisdiction of the state courts of Arizona and to the jurisdiction of the United States Court for the District of Arizona.