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This agreement (“Agreement”) is a legal agreement between you (both the individual entering into this Agreement and any other person or entity on behalf of which such individual is acting) and eQCO Health, LLC (“eQCO Health”) regarding the eQCO Coverage™ Program. If you are entering into this Agreement on behalf of any other person or entity, you hereby represent that you have the authority to legally bind such person or entity.
Horses that are enrolled in and that comply with all of the eQCO Coverage™ Program terms (“Qualifying Horses”) will be eligible for reimbursement from eQCO Health for up to $8,000 or $10,000 (as applicable and as described further below) for colic surgery assistance fees (“Reimbursement”).
When a claim for Reimbursement is submitted, the following will be required, provided that the physical and dental exams, vaccinations, deworming and fecal test referenced below cannot be administered or performed within 72 hours prior to the incidence of colic or colic surgery: 1. Documentation of at least one physical examination by a Licensed Veterinarian each year (defined as a 12 month period prior to the date of incidence of colic) and compliance with all of Licensed Veterinarian’s recommendations (both as a result of any physical examinations or other recommendations of the Licensed Veterinarian), 2. Documentation of at least one dental examination by a Licensed Veterinarian each year (defined as a 12 month period prior to the date of incidence of colic) and administration of dental treatment(s) as recommended by such examination, 3. Documentation of annual (defined as a 12 month period prior to the date of incidence of colic) vaccinations administered by a Licensed Veterinarian of “core” vaccinations - such as those recommended by the American Association of Equine Practitioners: (e.g. tetanus, EEE/WEE, WNV and rabies), as well as any additional vaccinations as recommended by the Licensed Veterinarian, and 4. Documentation of participation in a veterinarian-directed deworming program by the Licensed Veterinarian that includes at least one deworming administration each year and at least one fecal egg count test each year (defined as a 12 month period prior to the date of incidence of colic).
Reimbursement is limited to $8,000 or $10,000, respectively, over the lifetime of a Qualifying Horse and is limited to Qualifying Expenses incurred while a horse is a Qualifying Horse. Any fees that exceed the Reimbursement shall be the sole responsibility of owner. Expenses eligible for Reimbursement (“Qualifying Expenses”) include only those costs incurred for a surgical colic incident, and only include the following: 1. Preoperative care provided at a veterinary surgical facility, 2. Surgery (limited to the digestive tract) provided at a veterinary surgical facility, and 3. Postoperative care provided at a veterinary surgical facility.
To apply for and receive Reimbursement, the horse owner must:
1. Have received the Acceptance Notification (defined below), 2. Purchase the corresponding eQCO Coverage™-Qualifying Products (defined below) after acceptance (purchases made prior to acceptance do not qualify; except for those purchasing an eQCO Quick Start Kit (defined below) from a Licensed Veterinarian) and have administered the corresponding eQCO Coverage™-Qualifying Products at the Recommended Dose (defined below) in Platinum PAKs® to the Qualifying Horse for a minimum of twenty-eight consecutive calendar days (defined as a minimum of 28-days from the shipped-to/invoice date) prior to surgery and for the entire time since acceptance, 3. Ensure that both the Primary Care Veterinarian and the Veterinarian performing the surgery be licensed in the United States, 4. Notify eQCO Health ahead of time if the enrolled horse travels abroad, 5. Notify eQCO Health of the surgery within fourteen calendar days of the date of surgery, 6. Have the Licensed Veterinarian (defined below) complete and send the eQCO Coverage™ Program compliance affidavit to eQCO Health within twenty-one calendar days of the date of surgery, 7. Have the Licensed Veterinarian (or applicable veterinary practice or facility) complete and send the Reimbursement form to eQCO Health within twenty-one calendar days of the date of surgery, 8. Have assumed responsibility for all costs associated with the colic surgery prior to submission (eQCO Health may require proof of payment), and 9. Submit all required documents to gain approval from eQCO Health of the Reimbursement from eQCO Health.
To be in compliance with the eQCO Coverage™ Program and eligible for Reimbursement, in addition to the requirements for Reimbursement stated above, a Qualifying Horse must meet the following “Program Requirements”: $8,000 coverage requires daily administration of the recommended dose as stated on the corresponding eQCO Coverage™ “Minimum Dose” Matrix (below) (“Recommended Dose”) of (1) Platinum Performance® Equine, or (2) Platinum Performance® CJ; $10,000 coverage requires daily administration of the Recommended Dose of (1) Platinum Performance® Equine and Platinum Balance®, or (2) Platinum Performance® Equine and Platinum Gastric Support®, or (3) Platinum Performance® CJ and Platinum Balance®, or (4) Platinum Performance® CJ and Platinum Gastric Support®.
Platinum Performance® Equine, Platinum Performance® CJ, Platinum Performance® Equine and Platinum Balance®, Platinum Performance® Equine and Platinum Gastric Support®, Platinum Performance® CJ and Platinum Balance®, or Platinum Performance® CJ and Platinum Gastric Support® are referred to collectively as “eQCO Coverage™-Qualifying Products” (and includes those eQCO Coverage™-Qualifying Products purchased in 28 day PAKs in a quick start kit bucket (“eQCO Quick Start Kit”)). Coverage in the eQCO Coverage™ Program only applies to purchases of eQCO Coverage™-Qualifying Products made after acceptance (except for those purchasing an eQCO Quick Start Kit from their Veterinarian) into the eQCO Coverage™ Program. eQCO Coverage™-Qualifying Products must be purchased in the Platinum Performance® supplement feeding system (“Platinum PAKs®”) and as part of either a 28-day or 56-day automatic shipment. In addition, Qualifying Horses must have their first shipment containing an eQCO Coverage™-Qualifying Product ship within five business days of being accepted into the eQCO Coverage™ Program (or have scheduled the first shipment if purchasing an eQCO Quick Start Kit), barring any delays caused by Platinum (such as product unavailability).
After acceptance into the eQCO Coverage™ Program, owners must (1) maintain the automatic shipment above and cannot postpone a delivery of Platinum PAKs® for more than seven consecutive days post the original ship date (or more than 21 days total within any 12 month period) and (2) have continuously administered the corresponding eQCO Coverage™-Qualifying Product at the Recommended Dose for the entire time since acceptance. If at any time the eQCO Coverage™ Program eligibility requirements are not met, owner will be required to reapply for the program and a new 28-day period for administering the corresponding eQCO Coverage™-Qualifying Products at the Recommended Dose will be required. Any delay in the initial start of consumption of the Qualifying Product may postpone the eQCO Coverage™ start date. Employees of eQCO Health, its parents, subsidiaries or affiliates and employees are not eligible to participate in the eQCO Coverage™ Program. Sponsored individuals and resellers may not be eligible to participate in the eQCO Coverage™ Program. Aside from sponsored individuals and resellers who may not be eligible, those not purchasing eQCO Coverage™-Qualifying Products at the full retail value (as stated in the corresponding price list or online) are not eligible to participate in the eQCO Coverage™ Program. Those purchasing the eQCO Quick Start Kit agree to abide by the same terms and conditions as stated throughout this Agreement.
In addition to the other requirements of this Agreement, to be a Qualifying Horse, a horse must: A) Be accepted into the eQCO Coverage™ Program (note that acceptance does not necessarily mean an owner will be entitled to Reimbursement). To be accepted, the horse’s owner must have completed the eQCO Coverage™ Program Application Form and have received written confirmation from eQCO Health that the horse has been accepted into the eQCO Coverage™ Program (“Acceptance Notification”) - see eQCO Coverage™ Program Requirements above. eQCO Health reserves the right to contact the horse owner’s veterinarian or the veterinarian clinic listed in the eQCO Coverage™ Program Application Form to verify that the information on the application is valid and correct. B) Reside in the United States and be under the care of a veterinarian who is licensed in the United States (“Licensed Veterinarian”). C) Be fully weaned and at least five months of age.
A horse is not eligible for acceptance if: 1. It has had previous colic or abdominal surgery - defined as any surgical procedure done to a horse’s abdomen at any time during a horse’s life; 2. It has had chronic colic - defined as a horse experiencing three or more episodes of veterinarian-attended colic within any twelve month period; or 3. It has had colic in the previous twelve months prior to applying for the eQCO Coverage™ Program- defined as any veterinarian-attended colic episode, regardless if whether a veterinarian treated the horse or not.
eQCO HEALTH DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Compliance with the terms of this Agreement does not constitute a guarantee that a Qualifying Horse will not experience colic. eQCO HEALTH’S MAXIMUM LIABILITY FOR ANY CAUSE OF ACTION ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE APPLICABLE REIMBURSEMENT. eQCO Health assumes no responsibility or liability for any services or products not under eQCO Health’s control. The eQCO Coverage™ Program is not intended to be a substitute for insurance coverage and the eQCO Coverage™ Program is not an insurance policy.
eQCO Health may cancel the eQCO Coverage™ Program upon ninety (90) days notification to owners of Qualifying Horses; at the end of such period all benefits under the eQCO Coverage™ Program will end. Any notification to you under this Agreement may be by any reasonable method chosen by eQCO Health. eQCO Health reserves the right to investigate any claim and reserves the right at its sole discretion to reject any claim and disqualify any horse, horse owner or veterinarian from the eQCO Coverage™ Program. Any false or fraudulent claim made by the horse owner is grounds for disqualification from the eQCO Coverage™ Program. Any false or fraudulent claim made by a veterinarian is grounds for disqualification from the eQCO Coverage™ Program and may be reported to the applicable state Veterinary Medical Board (or other applicable veterinary regulatory board) for having submitted a false or fraudulent claim.
This Agreement, including the accompanying eQCO Coverage™ Program Application Form, constitutes the entire agreement between the parties with respect to the eQCO Coverage™ Program. This Agreement is solely between you and eQCO Health. You agree that Platinum Performance, Inc. (“Platinum”) will have no obligation to you arising out of or related to this Agreement or the eQCO Coverage™ Program. As between eQCO Health and Platinum, all claims, losses, liabilities, damages, costs or expenses arising out of or related to this Agreement or the eQCO Coverage™ Program will be the sole responsibility of eQCO Health. You acknowledge that Platinum is a third-party beneficiary of this Agreement and will have the right to enforce its terms. This Agreement is not assignable or transferable by you, in whole or in part, without eQCO Health’s prior written consent. eQCO Health may assign its rights or obligations under this Agreement upon notice to you. eQCO Health reserves the right to change the terms of this Agreement or the eQCO Coverage Program upon notice to you and shall be evidenced by a new Effective Date shown below. eQCO Health may require you to provide consent to the updated Agreement. If you disagree with the changes, your sole remedy shall be to discontinue participation in the eQCO Coverage™ Program. Otherwise, your continued participation in the eQCO Coverage™ Program constitutes your acceptance of the changes. If any provision of this Agreement shall be found unenforceable or contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement shall be governed by the laws of the State of California.
Effective Date: April 15, 2016 | Version EQCO-EQ-002-G
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