Affiliate Signup

AFFILIATE AGREEMENT

THIS AGREEMENT is entered into and effective this 21st day of November, 2008, by and between Essential Medical, LLC (hereinafter “Company”), and Affiliate,

WHEREAS, the Company manufactures, distributes, and sells various products, including but not limited to the Medical Passport and associated hardware, and

WHEREAS, the Affiliate wishes to distribute the Company’s products, and

WHEREAS, the parties wish to memorialize their Agreement with respect to their rights, duties and obligations arising hereunder.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1.	The Company agrees to grant to Affiliate a revocable, non-exclusive, world-wide, royalty free license for the duration of the term of this Agreement, solely for the purposes of facilitating sales on the Company website as referred to said site by the Affiliate through any means employed by the Affiliate, including referrals from Affiliate’s own website.  Affiliate will be given a special promotional code for use by Customers referred by Affiliate to obtain a $10.00 discount from Company’s list price on Company products on the Company’s website.  Promotional codes will be unique to the Affiliate in order to track sales.  When a customer utilizes Affiliate’s promotional code in making a purchase, the Company will credit the account of the Affiliate $5.00 per purchase of any product (hardware with pre-loaded software or software downloads) in any calendar month.

In addition, the parties agree to facilitate bulk sales of Company’s products through a unique Affiliate web address.  Purchases made through this address will also result in a commission in the amount of $5.00 per download.

The commission as set forth above will be payable on a monthly basis, within 15 days of the close of each calendar month.

2.	Policies and Pricing.

Customers who buy products through this program will be deemed to be Company’s customers.  Accordingly, all Company rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to said customers.  The Company reserves the right to change its policies and operating procedures at any time.

3.	Responsibility for Affiliate’s Business Operations.

Affiliate will be solely responsible for the development, operation and maintenance of its business operations and for all materials used therein.  Affiliate will be solely responsible for the technical operation of any websites linking to any Company website and will be responsible for the accuracy and appropriateness of all materials utilized in advertising generated by the Affiliate to direct customers to Company’s website.  The Company disclaims all liability for Affiliate’s business operations and Affiliate agrees to indemnify and hold Company harmless from all claims, damages, and expenses (including, without limitation, attorney’s fees) relating to the development, operation, maintenance and activities of Affiliate’s business operations.

4.	Compliance with Laws.

As a condition to Affiliate’s participation in this Agreement, Affiliate agrees that it will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, or any other requirements of governmental authorities having jurisdiction over the Affiliate during the term of this Agreement.  In addition, Affiliate agrees that it will comply with all applicable laws that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other Anti-Spam laws.

5.	Term of the Agreement.

The term of this Agreement will begin once both parties have signed the Agreement.  Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.  Upon termination of this Agreement for any reason, Affiliate will immediately cease use of and disable all links to the Company website.  Any fees or commissions generated prior to termination will be payable to Affiliate in the normal course of business.

6.	Modification.

The Company may modify the terms and conditions contained in this Agreement at any time in its sole discretion by providing written notice to the Affiliate no later than 30 days prior to implementation of any modification.  If any modification is unacceptable to the Affiliate, the Affiliate may terminate this Agreement.

7.	Relationship of the Parties.

Affiliate is an independent contractor of the Company, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, or employment relationship between the parties.

8.	Non-exclusivity.

Affiliate acknowledges that it shall be a non-exclusive distributor of the Company and the Company shall be free to solicit additional Affiliate Agreements without regard to number, geographic proximity or nature.  Affiliate shall also be free to engage in other business activities not related to this Agreement.

9.	Dispute Resolution.

Any dispute arising out of this Agreement shall be submitted first to mediation in Pueblo, Colorado, or such other venue as selected by the Company.  Should mediation fail, jurisdiction and venue for litigation under this Agreement shall be in Pueblo County, Colorado.  This Agreement shall be governed by the laws of the state of Colorado

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AFFILIATE AGREEMENT THIS AGREEMENT is entered into and effective this 21st day of November, 2008, by and between Essential Medical, LLC (hereinafter “Company”), and Affiliate, WHEREAS, the Company manufactures, distributes, and sells various products, including but not limited to the Medical Passport and associated hardware, and WHEREAS, the Affiliate wishes to distribute the Company’s products, and WHEREAS, the parties wish to memorialize their Agreement with respect to their rights, duties and obligations arising hereunder. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The Company agrees to grant to Affiliate a revocable, non-exclusive, world-wide, royalty free license for the duration of the term of this Agreement, solely for the purposes of facilitating sales on the Company website as referred to said site by the Affiliate through any means employed by the Affiliate, including referrals from Affiliate’s own website. Affiliate will be given a special promotional code for use by Customers referred by Affiliate to obtain a $10.00 discount from Company’s list price on Company products on the Company’s website. Promotional codes will be unique to the Affiliate in order to track sales. When a customer utilizes Affiliate’s promotional code in making a purchase, the Company will credit the account of the Affiliate $5.00 per purchase of any product (hardware with pre-loaded software or software downloads) in any calendar month. In addition, the parties agree to facilitate bulk sales of Company’s products through a unique Affiliate web address. Purchases made through this address will also result in a commission in the amount of $5.00 per download. The commission as set forth above will be payable on a monthly basis, within 15 days of the close of each calendar month. 2. Policies and Pricing. Customers who buy products through this program will be deemed to be Company’s customers. Accordingly, all Company rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to said customers. The Company reserves the right to change its policies and operating procedures at any time. 3. Responsibility for Affiliate’s Business Operations. Affiliate will be solely responsible for the development, operation and maintenance of its business operations and for all materials used therein. Affiliate will be solely responsible for the technical operation of any websites linking to any Company website and will be responsible for the accuracy and appropriateness of all materials utilized in advertising generated by the Affiliate to direct customers to Company’s website. The Company disclaims all liability for Affiliate’s business operations and Affiliate agrees to indemnify and hold Company harmless from all claims, damages, and expenses (including, without limitation, attorney’s fees) relating to the development, operation, maintenance and activities of Affiliate’s business operations. 4. Compliance with Laws. As a condition to Affiliate’s participation in this Agreement, Affiliate agrees that it will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, or any other requirements of governmental authorities having jurisdiction over the Affiliate during the term of this Agreement. In addition, Affiliate agrees that it will comply with all applicable laws that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other Anti-Spam laws. 5. Term of the Agreement. The term of this Agreement will begin once both parties have signed the Agreement. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon termination of this Agreement for any reason, Affiliate will immediately cease use of and disable all links to the Company website. Any fees or commissions generated prior to termination will be payable to Affiliate in the normal course of business. 6. Modification. The Company may modify the terms and conditions contained in this Agreement at any time in its sole discretion by providing written notice to the Affiliate no later than 30 days prior to implementation of any modification. If any modification is unacceptable to the Affiliate, the Affiliate may terminate this Agreement. 7. Relationship of the Parties. Affiliate is an independent contractor of the Company, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, or employment relationship between the parties. 8. Non-exclusivity. Affiliate acknowledges that it shall be a non-exclusive distributor of the Company and the Company shall be free to solicit additional Affiliate Agreements without regard to number, geographic proximity or nature. Affiliate shall also be free to engage in other business activities not related to this Agreement. 9. Dispute Resolution. Any dispute arising out of this Agreement shall be submitted first to mediation in Pueblo, Colorado, or such other venue as selected by the Company. Should mediation fail, jurisdiction and venue for litigation under this Agreement shall be in Pueblo County, Colorado. This Agreement shall be governed by the laws of the state of Colorado To Agree to these terms enter initials here: Initials are required.

Makers of the Medical Passport & Essential Choices Software

Software that makes a USB drive your portable:

Electronic medical record - Personal health record - Living Will - Safety ID

Medical Passport & Essential Choices Software helps you keep and present your:

Affiliate Signup

Makers of the Medical Passport & Essential Choices Software Software that makes a USB drive your portable: Electronic medical record - Personal health record - Living Will - Safety ID

Medical Passport & Essential Choices Software helps you keep and present your:

Affiliate Signup

Makers of the Medical Passport & Essential Choices Software

Software that makes a USB drive your portable:

Electronic medical record - Personal health record - Living Will - Safety ID