Prompt Referral Program Terms and Conditions

These terms and conditions (“Terms”) apply to the Prompt Clinic Referral Program (“Program”) of Prompt Therapy Solutions, Inc. The purpose of the Program is to bring on new Prompt clients through referrals. A Participant is an individual who submits a referral on the Clinic Referral Form located on https://promptemr.com/prompt-referral-program/ (“Referral Form”). A Qualified Referral (defined below) that becomes a Prompt Client (defined below) is defined as a “Referred Prompt Client.” By submitting the Prompt Referral Form (“Referral Form”), the Participant agrees to be subject to these Terms and Prompt’s Privacy Policy. Decisions of Prompt are final, binding and non-appealable. These Terms are independent of any other relationship between Participant and Prompt. To the extent permitted by applicable law, Prompt reserves the right to change or cancel the Program at any time.

ELIGIBILITY REQUIREMENTS

To be eligible for the Program a Participant must:

Provide all of the details for a Qualified Referral in the Referral Form;

1. Be an individual over 18 years old and a resident of the United States
2. Not have an already existing referral relationship with Prompt;
3. Not be part of the decision-making process at the company they refer

Individuals may not participate in the Program where doing so would be prohibited by any applicable law or regulation. Prompt reserves the right to disqualify any Participant that it determines, in its sole discretion, is ineligible to participate or Prompt otherwise does not wish for the Participant to participate.

DEFINITION OF A QUALIFIED REFERRAL

A Qualified Referral must meet the following criteria:

1. The information submitted on the Referral Form must be accurate;
2. The referral cannot be an Active Lead, or an Existing Prompt Client. An Active Lead is defined as either a company or individual contacted by Prompt within the preceding 360 calendar days. An Existing Prompt Client is defined as any company or organization that currently receives services from Prompt. 
3. Participant must have a personal relationship with the referral. In other words, Participant may not acquire referrals through unsolicited e-mail to persons unknown to them, and may not submit referrals based on email lists or other similar harvested consumer lists;
4. Former Prompt Clients are not eligible to be a referral.
5. The referral must have given the Participant express written consent to provide their details to, and to have Prompt contact them.

REWARDS FOR QUALIFIED REFERRALS

If a Qualified Referral becomes a Prompt client (a “Prompt Client”) within 90 days of the referral, and remains a Prompt Client for more than 90 days, a Cash Reward will be paid to the Participant. The Cash Reward amount is based on the Prompt Client’s number of Full-time Physical Therapists paid on the first payroll with Prompt as outlined in the Referral Cash Reward Table below. Cash Rewards are processed at least 90 days after the Prompt Client’s first invoice.

REFERRAL CASH REWARD TABLE

The Cash Reward will be issued in the form of a check.

EXCLUSIONS

A Prompt employee who receives and/or inputs a referral on behalf of a current Prompt client is not eligible to receive a Cash Reward. Prompt reserves the right to disqualify any Participant that it determines, in its sole discretion, isineligible to participate in the program. Prompt has complete discretion as to who it will do business with and on what terms including, without limitation, whether to accept a referral as a customer. Prompt is not responsible for lost, misdirected or delayed referrals.

PROGRAM CANCELLATION AND TERMINATION

To the extent permitted by applicable law, Prompt may at any time, without prior notice, terminate or modify the Program or these Terms, or both. All questions or disputes regarding eligibility for the Program; eligibility for or award of Cash Rewards, or both; or interpretation of these Terms will be resolved by Prompt in its sole discretion. Prompt reserves the right to void Cash Rewards earned if it suspects that such Cash Rewards were earned in a fraudulent manner, in a manner that violates applicable law or these Terms or in a manner otherwise not intended by Prompt.

TAXES

Cash Rewards under the Program are subject to applicable federal, state and/or local taxes. Upon Prompt’s determination that the Participant should receive Cash Rewards, Prompt may contact the Participant to request a completed IRS Form W-9. To the extent permitted by applicable law, if the Participant does not respond to a request from Prompt to complete a Form W-9 or otherwise indicate a referral payment preference within 180 days of such request, TriNet reserves the right to rescind Participants’ Cash Reward. Prompt will report earnings under this Program to the extent required by applicable law. Cash Rewards earned through this Program may be subject to taxation and will be reflected on IRS Form 1099 for all other Participants.

COMMUNICATIONS

By submitting the Referral Form, Participant consents to receive electronic communications from Prompt including advertising and marketing materials.

GOVERNING LAW

The laws of the State of Deleware, without regard to its conflict of law provisions, will govern the Program and its Terms. Any causes of action arising out of or connected with Participant’s use of the Program or its Terms will be resolved exclusively by arbitration in Ramsey, NJ in accordance with rules and processes of either the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc.

LIABILITY LIMITATIONS

In no event shall Prompt be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, regardless of the type of claim or legal theory asserted, arising out of or in any way connected with (i) the Program; (ii) the use of or inability to use the site or any materials, or (iii) any claim attributable to errors, omissions, or other inaccuracies in the site or any materials.