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MEDICAL PROFESSIONAL REFERRAL PROGRAM TERMS AND CONDITIONS

Effective Date: March 1st, 2025

These Medical Professional Referral Terms and Conditions (the “Terms”), govern your participation in the Medical Professional Referral Program (the “Referral Program”) offered by Bright Line Eating. For purposes hereof, "we", "us", "our" or "Bright Line Eating" refers to Bright Line Eating Solutions, LLC, and "you" or "your" refers to the person applying to, and participating in the Referral Program. Capitalized terms have the definitions set forth herein.

I. REFERRAL PROGRAM 

  1. Your participation in the Referral Program is contingent upon your acceptance of and compliance with these Terms. Any personal data provided to us will be processed in accordance with our privacy policy, which can be found here: https://www.brightlineeating.com/privacy-policy Upon successful registration, we will provide you with e-pamphlets (the “Coupons”), which you can provide, in electronic or printed form, to your patients to allow them to receive a discount for certain Bright Line Eating products and services (the “Services”). 
  2. In connection with the Referral Program, we hereby grant you a limited, non-exclusive, non-transferable, revocable license to use certain licensed materials for use during the engagement for the sole purpose of promoting our Services. You shall not use the Licensed Materials or otherwise act in any manner, directly or indirectly, that is disparaging, misleading, obscene, or that otherwise portrays us in a negative light.

II. PROMOTION 

  1. During the Term, you agree to promote and offer the Coupons for the Services to your patients.

III. NO COMMISSIONS

  1. In connection with your promotion of our Services, you agree and acknowledge that no commissions or other consideration will be paid to you. Rather, your promotion of the Services hereunder is made for the general benefit your patients.

IV. TERM; TERMINATION

  1. These Terms will become effective upon your registration into the Referral Program, and will remain in effect until terminated by either party as set forth herein or the Referral Program is discontinued. Either party may terminate these Terms (a) at any time upon fifteen (15) days’ prior written notice to the other party; or (b) if you commit a breach of these Terms that remains uncured for more than ten (10) days. Upon termination or earlier as requested by Bright Line Eating, you shall cease promoting the Services and return or destroy all Confidential Information. 

V. CONFIDENTIALITY

  1. You understand that you may be exposed to information about Bright Line Eating's Services, advertising campaign, and marketing and brand strategies, trade secrets, methodologies, or other information that may not have been disclosed to the public (collectively, the "Confidential Information"). You agree to maintain the confidentiality of all Confidential Information disclosed to you (or which otherwise becomes available to you) in connection with the Referral Program, and will hold all Confidential Information in strict confidence. You further agree to refrain from disclosing or using Confidential Information for any purpose other than participating in the Referral Program. You agree that the Confidential Information is proprietary to us and that you will not claim as your own or otherwise incorporate the Confidential Information into your products and services. The obligation to maintain the confidentiality of Confidential Information shall survive termination. 

VI. REPRESENTATIONS AND WARRANTIES 

  1. You hereby represent and warrant that you will comply with any applicable laws related to the Referral Program.

VII. MODIFICATION 

  1. We reserve the right, in our sole and absolute discretion, to update or change portions of the Terms at any time. In addition to the foregoing, Bright Line Eating reserves the right to eliminate the Referral Program in its sole discretion and shall provide notice of any such decision upon the same terms as stated herein. 

VIII. WARRANTIES AND DISCLAIMERS 

  1. THE PRODUCTS AND SERVICES ARE PROVIDED TO CUSTOMERS “AS IS.” BRIGHT LINE EATING HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS, SERVICES, AND THESE TERMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BRIGHT LINE EATING DOES NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE. 

IX. LIMITATION OF LIABILITY

  1. EXCEPT FOR LIABILITY ARISING OUT OF YOUR CONFIDENTIALITY OBLIGATIONS UNDER SECTION V, OR YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION IX, (A) IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; AND (B) IN NO EVENT, WILL BRIGHT LINE EATING’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION OF ANY KIND, EXCEED $1,000. 

X. MISCELLANEOUS

  1. Your relationship with Bright Line Eating will be that of an independent contractor and nothing in these Terms should be construed to create a partnership, joint venture, or employer-employee relationship. You are not an agent of Bright Line Eating and are not authorized to make any representation, contract, or commitment on behalf of Bright Line Eating. 
  2. These Terms constitute the full and entire understanding between the parties, and supersedes any prior or contemporaneous statements, representations, warranties, understandings, or inducements of any kind, whether oral or in writing. These Terms may not be modified except in a writing signed by both parties. 
  3. The provisions of these Terms are severable, and if any one provision is found to be unenforceable in whole or in part, the remainder of these Terms will remain valid and enforceable. If any of the restrictions contained in any paragraph of these Terms are found to be unenforceable in whole or in part, you agree that the court should nevertheless enforce each restriction or portion thereof which is not found to be unenforceable and may modify any unenforceable restriction or obligation to render it enforceable.
  4. These Terms shall be construed, interpreted and the rights of the parties determined in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether in the State of New York or any other jurisdiction) that would cause the application of laws of any jurisdictions other than those of the State of New York. The parties hereby consent to the exclusive jurisdiction of the state and federal courts located in Monroe County in the State of New York for the resolution of all disputes arising under These Terms or otherwise related to services being performed hereunder.
  5. The waiver by Bright Line Eating of any breach by you of any provision or covenant of these Terms shall not operate or be construed as a waiver of any subsequent breach by you.
  6. Sections I through X shall survive any termination of these Terms.