Welcome to the Flex Affiliate Program (“Program”)!

Scope:

Flex provides consumers with access to Letter of Medical Necessity for HSA/FSA reimbursement purposes (the “Flex Service”). Flex intends to engage Affiliate to help promote the Flex Service via Affiliate’s digital properties and/or other marketing channels (“Affiliate Properties” - as outlined below). 

Program Affiliates agree to:

• Throughout the term of Affiliate’s participation in the Program, Affiliate will undertake to actively market the Flex Service by integrating and displaying links to Flex-designated web pages of the Flex Service (“Links”) on the Affiliate’s Properties in the manner set forth on the cover sheet hereto (“Affiliate Services”).

• Implement the Link on following Affiliate Properties: [INSERT]

• Display Affiliate Link on a dedicated page within the website listed above, and, where applicable, display physical marketing collateral (provided by Flex) to showcase support for in-person offerings.

Fees:

• Set-Up Fee: $99

PROGRAM TERMS

THE PROGRAM IS BROUGHT TO YOU BY FLEX TECHNOLOGY CO. (“FLEX”). IN ADDITION TO THE REQUIREMENTS ABOVE, PARTICIPATION IN THE PROGRAM IS SUBJECT TO YOUR, AND THE ENTITY YOU REPRESENTS, (TOGETHER, “AFFILIATE”) AGREEMENT WITH THE FOLLOWING TERMS (“TERMS”). DEFINITION NOT SET OUT BELOW WILL HAVE THE MEANING SET OUT ON THE COVER SHEET HERETO.

During the term of Affiliate’s participation in the Program, it will actively promote the Flex Service as set out on the cover sheet hereto.

Affiliates will pay Flex the set-up fee specified in the cover sheet hereto (due within thirty (30) days from Flex’s invoice). No fees are owed by Flex in connection with the Program.

Flex will provide Affiliate the links and logos and other creatives to be used for the purposes of this Agreement. Affiliates will have the right to use the Assets solely for the purposes of the Affiliate Services (and will only do so in accordance with any Flex-provided usage guidelines and other instructions). All Affiliate expenses relating to the provision of Affiliate Services shall be borne solely by Affiliate.

During the term of these Terms, Affiliate agrees that it shall not engage in any activity that:

• Violates any state or federal law, rule, or regulation (including, but not limited to, the “CAN-SPAM” Act, effective January 1, 2004, as may be amended from time to time); and

• Make any representations, warranties, or other statements concerning Flex or any part of the Flex Services, except as expressly authorized by Flex in writing.

Affiliate further covenants that they familiar with, and will comply with, in all material respects all applicable laws and regulations pertaining to the privacy of non-public personally identifiable information about consumers including the Gramm Leach Bliley Act, and its implementing regulations; that they shall promptly notify Flex in the event they receive notice of any investigation, inquiry, or proceeding concerning privacy of consumer information received by it from Flex.

All information disclosed by Flex in connection with the Program with respect to its products and services is Flex’s confidential information. Such information will not be disclosed by Affiliate to any third party, and will only be used by Affiliate for participating in the Program. All metrics related to the success (or other performance) of the Affiliate Services is Flex’s Confidential Information. The foregoing restrictions will not apply to information that is or becomes generally available to the public without Affiliate’s fault. This paragraph will survive Affiliate’s participation in the Program for 5 years (but trade secrets will remain protected in accordance with applicable law).

Except for a breach of confidentiality, neither Affiliate nor Flex will be liable in connection with these Terms for any (i) incidental, special or consequential damages, or (ii) amounts in the aggregate in excess of $1,000. Neither party makes any warranties, express or implied, in connection with the Program.

Either party may terminate these Terms, and Affiliate’s participation in the Program, on written notice (email is sufficient). All provisions which by their nature should survive termination, shall survive. 

These Terms are governed by the laws of California, without regard to any conflict of law provisions. All disputes are subject to the jurisdiction of the courts in Santa Clara, California. These terms are the exclusive understanding and agreement between the parties with respect to the Program. Any modifications or waivers to these Terms will only be effective if agreed to in writing by the parties. If any provision of these Terms is held by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.