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Health Insurance

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Affiliate Agreement
		
This Affiliate Agreement ("Agreement") contains the terms and conditions that 
apply to your participation as an affiliate ("you" or "Affiliate") in the Access 
Health Partners, LLC (the "Company") Affiliate Program.

Affiliate acknowledges that it may participate in the Company Affiliate Program 
only under the terms and conditions set forth below, and that subsequent to Company 
accepting this Agreement, Company will, in its sole discretion, determine whether 
or not to accept Affiliate into Company's Affiliate Program.

By submitting an application to become an Affiliate, you warrant that you have read 
and understand this Agreement, and you agree to be bound by it.

To begin the enrollment process, you must submit a complete Affiliate Program 
Application via the Company Web site. We will evaluate your application and notify 
you of your acceptance or rejection. We reserve the right in our sole and absolute 
discretion, to accept or reject your application for any or for no reason whatsoever.
 
Upon notice of acceptance of your application, this Agreement shall be effective 
between you and the Company ("us" or "we"). If we reject your application you will 
not be able to participate in the Company Affiliate Program.

1. Definitions.  Throughout this Agreement, capitalized terms shall have the meaning 
ascribed to them in quotes. In addition, for purposes of this Agreement, the 
following definitions apply:

"Advertising" or "Advertisements" means any and all banner or box-style advertisements, 
pop-up or pop-under placements, text links or other similar solicitations through the 
Internet that promote Company Products or Services and that contain a Link to the 
Company Site.

"Affiliate" means any person or entity that has submitted an Affiliate Program 
Application and has been accepted for participation in the Company Affiliate Program 
in accordance with the terms of this Agreement.

"Company Brand Features" means Company trade names, trademarks, service marks 
and/or logos authorized by Company.

"Company Products and Services" means those proprietary products and services currently 
offered on the Company Site, which currently consists of an Association Membership, and 
any proprietary products or services as may be offered at a future date on the Company 
Site during the Term of this Agreement.  "Company Products and Services" does not 
include products and services offered by third parties on or through the Company Site.

"Company Site" means the Company Internet site currently located at 
www.AccessHealthPartners.com , or any page, section, subsection or sub directory thereof, 
and any other additional, substitute or successor site that may be designated by Company 
under this Agreement.

"Customer" means any person or entity who (i) successfully purchases an Association 
Membership (ii) using a Link and (iii) through such Link provides a valid email address 
and valid credit card information to facilitate such purchase via the Company Site, 
and (iv) provided that the person or entity has not previously purchased a product or 
service through the Company Site.

"Intellectual Property Rights" means all rights in and to trade secrets, patents, 
copyrights, trademarks, know-how, as well as moral rights and similar rights of any 
type under the laws of any governmental authority, domestic or foreign, including rights 
in and to all applications and registrations relating to any of the foregoing.

"Link" means an embedded graphic, icon or text containing a unique hypertext pointer 
to the URL address for the Company Site that is embedded in an Advertisement and that 
identifies consumers that become Customers via the Advertisement.
 
"Referral Fee" is defined in Section 4.1.

"Term" is defined in Section 2.1.

2. Term and Termination.
The term of this Agreement ("Term") will begin upon our acceptance of your application 
and will end when terminated by either party in writing or by email.
 
The Term of this Agreement shall be continuous, unless and until either party properly 
terminates this Agreement, in accordance with the following: (i) either party may 
terminate this Agreement immediately by giving notice to the other party; or (ii) 
Affiliate agrees and acknowledges that if Affiliate breaches any provision of this 
Affiliate Agreement Company may immediately terminate Affiliate from the Affiliate Program. 
Upon termination of this Agreement, Affiliate must immediately remove from Affiliate's Web 
site(s) and cease using any Advertising or Links. Following termination of this Affiliate 
Agreement, Affiliate agrees to refund any amounts that were earned from Company in breach 
of this Agreement.

Upon termination of this Agreement, Affiliate shall immediately cease serving or using 
Advertisements.

No Referral Fees or bonuses shall be due with respect to Customers who register after 
the date of termination. We reserve the right to withhold your final payment for up to 
120 days as necessary to calculate properly any amount due to you.

Upon termination of this Agreement, all rights and obligations of the parties under 
this Agreement will be extinguished, except for those rights and obligations that either 
by their express terms survive or that are otherwise necessary for the enforcement of 
this Agreement.  Sections 5.5 and 8-21 of this Agreement, inclusive, and the provisions of 
this Agreement that impose obligations on Affiliate, shall survive any termination of this 
Agreement.

Company may terminate Affiliate from its Affiliate Program and Affiliate will forfeit 
all monies resulting therefrom if:

(a) Affiliate has become or is likely to become subject to litigation or other regulatory 
legal action that may adversely affect Company's business;

(b) Affiliate sends unsolicited emails to Company users, provides false account information, 
or falsely or wrongfully increases the amount of Referral Fees payable; or

3. Obligations of Company.
Upon acceptance of your application, you will have the ability to enter the password-protected 
site for the Affiliate Program ("Affiliate Program Site"). The Affiliate Program Site will 
contain certain sales reports and traffic information related to your affiliate relationship 
with Company. These reports will contain estimates of (i) the number of Internet user 
click-throughs to the Company Site from use of Advertising and (ii) the Referral Fees payable 
to you pursuant to Section 4.1, below.  Affiliate acknowledges that there may be delays in the 
reporting of information and the Referral Fees paid to you, and adjustments for chargebacks 
may be made after reporting of any sale.

4.Referral Fee.
During the Term of this Agreement, Company shall pay you a fee ("Referral Fee") for each new 
Customer you deliver as of the last day of the month, as documented on the reporting system 
located on the Affiliate Program Site. Company reserves the right to adjust the Referral Fee 
payable to you to the extent of any reporting errors, fraudulent sales, fraudulent or automated 
clicks or intentional manipulations of the registration or sales process, all as determined in 
our discretion. In addition to all other remedies available to us, we shall have the right to 
refuse to make any payment to you with respect to any Customer that we determine was obtained 
as a result of promotional efforts that were in breach of this Agreement. The Referral Fees 
payable shall be in accordance with the Referral Fee pricing schedule set forth in the Company 
Payment Schedule located on the Company Affiliate Site and in Exhibit A in this document. 
Company reserves the right to change the Referral Fees payable hereunder by providing email 
notice to you and/or reflecting such changes on the Company Payment Schedule. Any decrease to 
the Referral Fees shall become effective immediately after notice to you or posting of the new 
Referral Fee on the Company Payment Schedule.

Company shall cause to be paid to you any such Referral Fees approximately on the 20th day of 
the month after the month during which they were earned. Notwithstanding anything herein to 
the contrary, there may be up to 14 days of delay in between the reporting of a sale and the 
reporting of Affiliate's Referral Fee through Affiliate's Account page in our service, and 
adjustments for chargebacks may be made up to 40 days after the reporting of the purchase.

5. Limitation of Liability. 
UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE WHETHER IN TORT, CONTRACT OR OTHERWISE FOR 
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED 
TO DAMAGES FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION 
OR DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS) 
ARISING FROM OR RELATING TO ANY PROVISION OF THIS AGREEMENT OR THE AFFILIATE PROGRAM. WITHOUT 
LIMITING THE FOREGOING, COMPANY'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT 
WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO AFFILIATE UNDER THIS AGREEMENT, 
BUT IN NO EVENT GREATER THAN $25,000.

6. Relationship of Parties. 
Affiliate and Company are independent contractors, and nothing in this Agreement will create any 
partnership, joint venture, agency, franchise, sales representative, or employment relationship, 
or the relationship of principal and agent between the parties. Affiliate will have no authority 
to make or accept any offers or representations on Company's behalf. Affiliate will not make any 
statement, whether on the Affiliate's site or otherwise, that reasonably would contradict anything 
in this Section. Affiliate, as an independent contractor, will have sole responsibility for its 
expenses, taxes, employees, sales representatives and agents.

7. Confidentiality.  
Affiliate acknowledges that by reason of its relationship to Company hereunder it will have access 
to certain information and materials concerning Company's business, plans, customers, technology,
products and services that are confidential and of substantial value to Company, which value would 
be impaired if such information were disclosed to third parties. In particular, the parties hereto 
acknowledge that the information regarding Customers obtained during the Term and the effectiveness 
of Advertising hereunder are highly confidential and valuable to Company. Affiliate agrees that it 
shall not use in any way for its own account or the account of any third party, nor disclose to any 
third party, any such information revealed to it as a result of or arising out of the relationship 
hereunder (other than to fulfill its obligations under this Agreement). Affiliate shall take every 
reasonable precaution to protect the confidentiality of such information.

Notwithstanding anything in this Section to the contrary, any information (i) 
required by legal process to be disclosed, (ii) already in the public domain or 
(iii) released through no fault of the parties, will not be considered confidential 
information hereunder.
 
8. Reservation of Rights. 
Company reserves all rights other than those expressly granted in this Agreement, 
and no licenses are granted except as expressly set forth herein. Company retains 
all right, title, and interest in and to the Company Brand Features and the Company 
Site, together with all Intellectual Property Rights 
thereto.

9. Program Information. 
Company will own all right, title and interest in and to all information that is 
created or collected in the operation of the Company Site including, without limitation: 
(i) any contact information collected from any Customers (the "Contact Information"); 
and (ii) any information collected about product or services sales at the Company Site 
generated through the Affiliate Link(s) (the "Sales Information"). Company may make 
certain Sales Information available online to Affiliate from time to time. Affiliate 
will not disclose any Sales Information to any third party without Company's prior approval 
and not use such Sales Information without the approval of Company.

10. Order of Precedence.  
In the event of an inconsistency between other agreements between Company and 
Affiliate (if any), and this Agreement, this Agreement will control.

11. Miscellaneous. 
This Agreement shall be treated as though it were executed and performed in Ocoee, 
Florida, and shall be governed by and construed in accordance with the laws of the State of 
Florida (without regard to conflict of law principles).

The language in this Agreement shall be interpreted as to its fair meaning and not 
strictly for or against any party. Any rule of construction to the effect that ambiguities 
are to be resolved against the drafting party shall not apply in interpreting this Agreement.

This Agreement may be automatically assigned by us in our sole discretion to a third 
party in the event of an acquisition, sale or merger.

If any provision of this Agreement is held illegal, invalid or unenforceable for any 
reason, that provision shall be enforced to the maximum extent permissible, and the 
other provisions of this Agreement shall remain in full force and effect. If any 
provision of this Agreement is held illegal, invalid or unenforceable, it shall be 
replaced, to the extent possible, with a legal, valid, and unenforceable provision that 
is similar in tenor to the illegal, invalid, or unenforceable provision as is legally 
possible.

No waiver of any provision of this Agreement shall constitute a continuing waiver, and 
no waiver shall be effective unless made in a signed writing.

Our rights under this Agreement shall survive any termination of this Agreement.

The title, headings and captions of this Agreement are provided for convenience only 
and shall have no effect on the construction of the terms of this agreement.

Notices may be made by Company by email or through posting on the Company Site.

Notices and other communications to you, as required or permitted to be given hereunder, 
that are posted on the Company Site and/or otherwise e-mailed to the e-mail address provided 
in your application, shall be deemed effective upon posting or e-mailing. Notice or other 
communications to Company shall be sent by e-mail to info@AccessHealthPartners.com and 
shall be deemed effective one business day after e-mailing.
 
This Agreement will be binding on and will inure to the benefit of the legal representatives, 
successors and valid assigns of the parties hereto. This Agreement contains the entire 
agreement between Company and Affiliate with respect to the subject matter hereof, and 
supersedes all prior and/or contemporaneous agreements or understandings, written or oral, 
between Company and Affiliate with respect to the subject matter hereof.

Each party hereby represents that it has the authority and capacity to enter into this 
Agreement, including that all individuals executing this Agreement are 18 years of age 
or older. 
 
This Agreement constitute the entire agreement between Company and Affiliate and govern 
participation in the Affiliate Program, superseding any prior or contemporaneous agreements 
between Company and Affiliate.

12. Arbitration.  
Any dispute relating in any way to this Agreement (including any actual or alleged 
breach hereof and the enforceability of this arbitration clause), any transactions or 
activities under this Agreement or your relationship with us or any of our affiliates 
shall be submitted to confidential binding arbitration in Ocoee, Florida except that, to 
the extent you have in any manner violated or threatened to violate our intellectual 
property rights, we may seek injunctive or other appropriate relief in any state or federal 
court in the state of  Florida (and you consent to non-exclusive jurisdiction and venue in 
such courts) or any other court of competent jurisdiction. Arbitration under this Agreement 
shall be conducted under the rules of JAMS in existence at the time of the commencement of 
the arbitration.  To the fullest extent permitted by applicable law, no arbitration under 
this Agreement shall be joined to an arbitration involving any other party subject to this 
Agreement, whether through class arbitration proceedings or otherwise.  Each party shall 
bear its own attorneys' fees, costs, and expert witness fees.  Each party shall bear one-half 
of the arbitration fees and arbitration costs incurred through JAMS.

13. Independent Investigation.  
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND 
CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT 
CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR 
OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY 
EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON 
ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

14. Acknowledgment.  
BY APPLYING FOR THE COMPANY AFFILIATE PROGRAM, YOU ACKNOWLEDGE THAT YOU ARE AGREEING 
TO BE BOUND BY THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS 
DOCUMENT.

[Signature- Affiliate acknowledges its agreement to this Affiliate Agreement by clicking 
on the appropriate section of the Company site agreeing to the terms and conditions 
contained herein.]

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