Referral Program Terms

PURPOSE:

Your voice is valuable, so is your time:

Here are some tools to help you easily spread the word:

• Share our website address, www.dentalemr.com
• Tell them why you chose Dental EMR and how it is making a difference in your practice.
• Tell them about this referral incentive and how you both can benefit.

WHO ARE GOOD REFERRAL CANDIDATES?

• Colleagues opening a new practice or adding a new location.
• Colleagues looking to reduce their IT liability, hassle and costs.
• Colleagues who just had a server down incident or are looking to upgrade their accessibility.
• Colleagues who have satellite offices or remote staff where reliable and secure access are essential.
• Colleagues looking to take their practice revenue and productivity to the next level.
• Colleagues looking to update their practice with the latest in technology and customer service tools.

TERMS:

*Both the Referrer and the Referred Customer are eligible to receive 1 free month of Dental EMR SAAS, excluding e-Claim charges, up to 2 full-time providers each (up to $1018 value each), after the Referred Customer has surpassed 3 full billing cycles with DentalEMR as a full-time customer (90 days of usage.)

BACKGROUND:

Dental EMR, Inc., an Nevada corporation (“we”, “Dental EMR” or “Company”), offers you the opportunity to refer friends via a referral program (“Referral Program”). As used in this Agreement, the following additional terms shall have the following meanings (such meanings to be equally applicable to both the singular and plural forms of the terms defined): Referrer is defined as an existing and active DentalEMR customer currently using and paying for the DentalEMR SAAS. Referred Customer is defined as a Licensed Endodontist referred by the Referrer that is not actively using and paying for the DentalEMR SAAS.

• Binding Agreement. By participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. All of the Company’s decisions are final and binding. These Terms are incorporated in, part of and subject to the Company’s Terms of Service. (Capitalized terms not otherwise defined shall have the meanings set forth in the Terms of Service.)

• Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with Company’s Privacy Policy.

• Eligibility. This program is void where such referral programs are prohibited. Users who refer others to the program are “Referrer”; those who are referred are “Referred Customer”. Referrers must be able to speak and read English fluently, be legally able to participate in the Program, and must be 1) at least 18 years of age, 2) having an existing, valid DentalEMR use account, and 3) are otherwise in good standing with Company. The referral must be claimed by either the Referrer or Referred Customer prior to eligible purchase (see Purpose above for valid methods of referral). Dental EMR, Inc. will honor any successful referrals for the program on a first come, first serve basis to the referrer that claimed the referral first. There are no limits on how many referrals you can earn with this program. You can earn as many free month credits as you are able. Overlapping free month credits will be applied in subsequent non-free month billing cycles. Referral credits cannot be combined with other DentalEMR, Inc. marketing promotions.

• How the Program Works. Referrers can refer colleagues to this program by completing this form. Once the referred colleague makes a purchase, the referral is recorded with the billing department to be honored with a credit to both the Referrer and Referred Customer by the 4th successful billing cycle of the referred colleague. If you have questions about this Referral Incentive Program please ask your Practice Success manager or support staff for more information.

• Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company. No User may use the DentalEMR Referral Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system to artificially benefit in the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ALL ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

• Rewards. This offer has no cash value. By making a Valid Referral (defined below), you will receive a reward credit and your colleague will receive a reward credit (each, a “Referral Reward”) to be used toward their ongoing DentalEMR SAAS Subscription (not including eClaims services), subject to the restrictions set forth below. In order to qualify as a “Valid Referral”, your referred colleague must not be an existing Owner/Provider enrolled in DentalEMR services and must be a first-time User of the Service as a result of your referral. You can earn a free month of DentalEMR, Inc SAAS with a maximum of $1018/month (up to 2 full-time providers) in rewards from each valid referral. These rewards may be redeemed in various forms in the Company’s sole discretion. Restrictions apply. Each Referrer Reward will be reflected on the billing cycle invoice congruent to the 4th billing cycle of the Referred Customer (consistent with 90 days of active use). The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason. Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold. Please refer to the Terms of Service for additional billing and payment information.

• Liability. Except where prohibited, Users agree that by participating in the Program, they agree: (1) to be bound by these Terms, the decisions of DentalEMR, Inc., its Administrators (“DentalEMR, Inc. Entities”) (if any) and/or their designees, and privacy policies; (2) to release and hold harmless DentalEMR, Inc. Entities and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Credit); and (3) to be contacted by DentalEMR, Inc. Entities via e-mail.
  • Except where prohibited by law, the Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Credit, or from participation in the Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program. DentalEMR, Inc. Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond DentalEMR, Inc. Entities control, corrupt the administration, security or proper play of the Program.

• Liabilities (cont.)
  • Except where prohibited, the Released Parties shall not be liable to any Users for failure to supply any Credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.

• • As a condition of entering the Program, and unless prohibited by law, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and Users hereby waive all rights to claim punitive, incidental, consequential and any other damages, and waives any and all rights to have damages multiplied or otherwise increased. A waiver of rights may not apply to you in your jurisdiction of residence. Additional rights may be available to you.

• • DentalEMR, Inc. Entities reserves the right to cancel, modify or suspend this Program should it determine, in its sole discretion, that the administration, security or fairness of this Program has been compromised in any way.

• Applicable Law. Except where prohibited, disputes, claims and causes of action arising out of or related to this Program or any prize awarded shall be resolved under the laws of the United States, and except where prohibited, Arkansas law (without reference to its conflicts of laws principles), and participant agrees to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Little Rock, Arkansas.

• Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND THE DentalEMR, INC SAAS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DentalEMR, INC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE DentalEMR, INC PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE DentalEMR, INC PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DentalEMR, INC PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

• Bulk Distribution (“Spam”). Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate removal from the Platform and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any chat messages, remove any such User Generated Content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Company against any liabilities, costs and expenses it incurs as a results of such spam.

• Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms. It is your responsibility to monitor these terms for any changes, modifications, or terminations.