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Pharmacy Terms of Use

Last Updated 09/30/2023.

 

MARKETING SERVICES AGREEMENT

 

THIS MARKETING SERVICES AGREEMENT (the “Agreement”) is made and entered into by and between Kleen Panda LLC, DBA Prescription Quest, a New York corporation and Pharmacy Partner. 

 

1. SERVICES 

 

Prescription Quest agrees to provide marketing services to Pharmacy Partner, including but not limited to online promotion of pharmacy products and services through its platform (the “Services”). Prescription Quest shall perform the Services in a professional and timely manner. 

 

2. COMPENSATION 

 

Pharmacy Partner shall pay Prescription Quest a fee of $129.99 per month for the Services provided under this Agreement. Payment shall be made within 5 days of receipt of an invoice from Prescription Quest. Prescription Quest reserves the right to modify the fee at the end of each year upon 30 days written notice.

 

3. COMPLIANCE WITH ANTI-KICKBACK STATUTE 

 

Both parties agree to comply with all applicable laws and regulations, including the Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)), and certify that no payments or remuneration will be made or received in exchange for referrals of business that may be reimbursed under any federal healthcare program. 

 

4. TERM AND TERMINATION 

 

This Agreement shall commence once signed and continue for a period of 2 years, unless terminated earlier by either party for a material breach or for any other reason upon 30 days written notice. This agreement will automatically renew 30 days prior to expiration for another 2 year period and shall continue as such until terminated.

 

5. CONFIDENTIALITY 

 

Both parties shall maintain the confidentiality of any proprietary or confidential information disclosed during the term of this Agreement. 

 

6. ENTIRE AGREEMENT 

 

This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. 

 

7. NO WAIVER

 

The failure of either Party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

 

8. INDEPENDENT CONTRACTORS

The Parties shall be independent contractors under this Agreement, and nothing herein shall constitute either Party as the employer, employee, agent, or representative of the other Party, or both Parties as joint venturers or partners for any purpose.

 

9. SURVIVAL

Any provisions which by their nature should survive termination or expiration of this Agreement will survive.

 

10. GOVERNING LAW

Except to the extent any applicable law provides otherwise, the Agreement will be governed by the laws of the state of New York, U.S.A. excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement will be the state and federal courts located in Manhattan County, New York.

Also learn more about our HIPAA Privacy Notice and our Do not sell or share my personal information, Policy.

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