By signing up to join the affiliate program of Reflekt Technologies DBA HealthBird (hereinafter "Company"), you agree to be bound by the following terms and conditions:
General Terms of Service: You agree with the general terms of service of Reflekt Technologies DBA HealthBird, found here: https://www.healthbird.com/terms-of-service
Use of Data: You agree that the Company may use the data provided by you, including but not limited to your name, address, phone number, email address, and any other information provided during the affiliate registration process, for marketing purposes and to send you SMS and emails related to the Company's services and/or related companies to Reflekt Technologies, Inc. This includes but not limited to promotional offers, new product releases, and updates on existing products. You also agree that the Company may use any data, including but not limited to customer information, that you gather as a result of your activities as an affiliate for marketing and promotional purposes. This includes, but not limited to, sending SMS and emails to the customers that you refer to the Company, using the customers' information for targeted advertising, and sharing customer information with third-party companies for marketing purposes. The Company will not share your personal information with any third-party companies or organizations, unless required by law or court order, or with your prior consent. You also have the right to access and review the information that the Company has collected about you, and to request the correction or deletion of any inaccurate information. You also have the right to withdraw your consent for the Company's use of your personal information at any time by contacting the Company.
Termination: The Company reserves the right to terminate your affiliate relationship at its sole discretion, with or without prior notice, for any reason or no reason. This includes, but is not limited to, breaches of the terms and conditions of this agreement, engagement in fraudulent, illegal, or unethical activities, or any conduct that the Company deems harmful to its business interests or reputation. Upon termination, you will no longer be eligible to receive new Referral Fees for referrals made through your affiliate link. However, in accordance with industry standards for insurance referrals, the Company will honor the payment of Referral Fees for any referrals made prior to termination, irrespective of whether the referred customers retain or convert their policies. The Company maintains its right to withhold payment of Referral Fees associated with referrals deemed false, misleading, or generated through activities that contravene this agreement or applicable laws and regulations. You acknowledge that the termination of the affiliate relationship results in the cessation of new Referral Fee accruals but does not affect the payout of valid Referral Fees earned prior to termination. For any queries or concerns regarding the termination of your affiliate relationship, you are encouraged to contact the Company.
The Function of the Affiliate Role: As an affiliate of healthbird.com and Reflekt Technologies, Inc., your role is strictly limited to referring individuals to our services. You must not engage in or assist with the enrollment of any individual in health or other policies on our platforms. All referrals must be conducted using pre-approved language provided by the Reflekt Technologies team. You are prohibited from offering any form of incentives or compensation, including Referral Fees, to encourage enrollment in any policy on the Company's website or related sites. Additionally, you are required to represent the Company's services and products truthfully and accurately, avoiding any false or misleading statements.
As an affiliate, you must not represent yourself as an agent or employee of the Company or use the Company's name, logos, or trademarks without explicit written consent from the Company. You are also obligated to adhere to all applicable laws and regulations in relation to your affiliate activities and to indemnify the Company against any claims or damages arising from your breach of this agreement or any applicable laws or regulations.
In case of any deviation from these terms, the Company reserves the right to terminate your affiliate relationship without prior notice and withhold any Referral Fees generated from non-compliant customer referrals. Any violation will also result in the forfeiture of any outstanding Referral Fees owed to you.
- Explicit Acknowledgment of Regulatory Compliance: "As an affiliate, you acknowledge and agree to comply with all state and federal insurance regulations, including those outlined in the NAIC Model Insurance Producer Licensing Act. You understand that compliance with these regulations is critical to maintain the integrity and legality of your affiliate activities.”
- Clarification on the Scope of Affiliate Activities: "Your role as an affiliate is limited to general promotion and referral of our services and does not include insurance solicitation, negotiation, or sale activities, which are reserved for licensed insurance professionals."
- Training and Education Requirements: "You agree to participate in and complete any necessary training programs provided by the Company, designed to ensure understanding and compliance with insurance industry regulations and ethical standards."
- Regular Updates on Compliance Policies: "The Company will provide regular updates on any changes in insurance laws and regulations. As an affiliate, you are required to stay informed and adhere to these updates as part of your ongoing compliance obligations."
- Reporting and Transparency: "You agree to maintain accurate records of your affiliate activities and to provide such records to the Company upon request for compliance verification purposes. This includes details of referrals made and any communications pertaining to these referrals."
- Prohibition of Insurance Advice: "You must not provide advice or recommendations on specific insurance policies or coverage. All inquiries related to policy specifics should be directed to a licensed insurance professional."
- Disclosure of Affiliate Status: "In all your communications and promotions, you must clearly disclose your status as an affiliate and not as a licensed insurance agent or advisor. This disclosure should be prominent and unambiguous."
- Commitment to Ethical Conduct: "You pledge to uphold the highest standards of honesty and ethical conduct in your role as an affiliate, ensuring that all promotional activities are conducted in a manner that is fair, transparent, and respectful of the potential policyholders' interests."
Entire Agreement: This agreement constitutes the entire agreement between you and the Company and supersedes all prior agreements or understandings, whether written or oral, regarding the subject matter of this agreement. This means that this agreement is the only agreement that governs the terms of your affiliate relationship with the Company and that any prior agreements, whether written or oral, are no longer valid. This agreement also supersedes any and all prior representations, promises, or agreements made by any representative of the Company, whether written or oral, with respect to the subject matter of this agreement. In the event of any conflict or inconsistency between this agreement and any other agreement, statement or representation, this agreement shall govern and control.
Governing Law: This agreement shall be governed by and construed in accordance with the laws of the state of Florida without giving effect to any principles of conflicts of law.
Severability: If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
Waiver: The failure of the Company to enforce any right or provision in this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
By signing up as an affiliate of Reflekt Technologies DBA HealthBird, you acknowledge that you have read and understand this agreement and agree to be bound by its terms and conditions.