PatientIQ Specialty Practice Referral Progarm Terms & Conditions
Effective Date: March 1, 2024
Introduction
The PatientIQ Specialty Practice Referral Program (the “Program”) is designed by Datamonkey, Inc. dba PatientIQ (“PatientIQ”) to encourage and reward existing customers (“Participants”) for referring new specialty practices (“Prospects”) to PatientIQ. Participation in the Program is subject to the following terms and conditions.
- Eligibility
The Program is open to all current specialty practice customers of PatientIQ, excluding any individuals or entities prohibited by law.
Prospects referred through the Program must be new customers, not previously or currently engaged in any capacity with PatientIQ.
- Submission Process
All referrals must be submitted through the official PatientIQ Specialty Practice Referral Program Participation Form available on the PatientIQ website or provided by a PatientIQ representative.
The referring party must ensure that all information provided in the submission form is accurate and complete.
- Form Validation Process
Within five (5) business days of form submission, PatientIQ will review the submission to validate the Prospect. Validation includes verifying that the Prospect:
- Is not currently a PatientIQ customer, and
- Has not been in contact with PatientIQ for the purpose of evaluating PatientIQ solutions in the twelve (12) months preceding the submission.
If PatientIQ determines that the Prospect does not meet these criteria, PatientIQ will notify the referring party via email, including the reason(s) for non-validation.
- Introduction Process
The referring party is responsible for making a direct introduction between PatientIQ and the Prospect, ensuring that an initial meeting between PatientIQ and a decision-maker at the Prospect’s entity occurs within thirty (30) days of the introduction.
- Conversion Process
For a referral to be considered successful, the Prospect must become a PatientIQ customer within six (6) months from the date of the referral form submission. This requires the Prospect to execute a sales order for PatientIQ services for a minimum of fifteen (15) physicians and/or providers.
- Payment Process
Upon successful conversion of a Prospect into a PatientIQ customer, the referring entity will receive a financial incentive in the form of a credit. This credit will be applied to the referring entity’s next invoice from PatientIQ, intended to offset any services and/or subscription fees.
- General Conditions
PatientIQ reserves the right to modify, suspend, or terminate the Program at any time without prior notice, subject to compliance with applicable laws.
Participation in the Program constitutes acceptance of these terms and conditions, as well as any program modifications that PatientIQ may make.
All decisions made by PatientIQ regarding the Program and eligibility of referrals are final and binding.
- Compliance
Participants in the Program must ensure that all referrals comply with applicable laws, regulations, and guidelines, including but not limited to those related to anti-kickback statutes and individual privacy.
- Limitation of Liability
PATIENTIQ’S LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO PARTICIPATION IN THE PATIENTIQ SPECIALTY PRACTICE REFERRAL PROGRAM IS LIMITED TO $0. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF REVENUE, PROFITS, DATA, OR OTHER ECONOMIC ADVANTAGE, EVEN IF PATIENTIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS REASONABLE AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR PARTICIPANT’S PARTICIPATION IN THE PROGRAM.
- Warranty Disclaimer
THE PATIENTIQ SPECIALTY PRACTICE REFERRAL PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PATIENTIQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PATIENTIQ DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Jurisdiction and Dispute Resolution
Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law.
Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to the Program or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Chicago, Illinois, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Exclusive Venue: In the event that the arbitration clause is found not to apply to an individual claim, action, or dispute, both Participant and PatientIQ agree to submit to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois, to litigate any such claims, actions, or disputes.
- Miscellaneous
These terms and conditions, including any legal notices and disclaimers contained on this page, constitute the entire agreement between PatientIQ and Participant in relation to Participant’s participation in the Program, superseding all prior agreements and understandings.
If any provision of these terms and conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
PatientIQ’s failure to enforce any right or provision of these terms and conditions will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.
- Contact Information
For questions or further information about the Program, please contact Steve Gryglas, VP of Sales steve.gryglas@patientiq.io.