This Agreement is made and entered into as of the date of signature, by and between Tangible Science, Inc., a corporation organized and existing under the laws of Delaware, with its principal place of business located at 740 Broadway, Redwood City, CA, hereinafter referred to as the "Company", and the licensed optometrist with signature below hereinafter referred to as the "Prescriber".
WHEREAS, the Company manufactures and distributes the Tangible Boost product, a monthly treatment to restore the Tangible Hydra-PEG coating and maintain the wettability of Tangible Hydra-PEG treated fluorosilicone acrylate rigid gas permeable scleral and corneal lenses. Tangible Boost is intended for prescription (Rx) use only;
WHEREAS, the Prescriber is engaged in the practice of optometry and wishes to prescribe the Tangible Boost product to suitable patients;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
- Unique Prescriber Code
- The Company shall assign a unique prescriber code (the "Code") to the Prescriber. This Code is exclusive to the Prescriber and shall not be shared, transferred, or assigned to any other individual or entity without the express written consent of the Company.
- The Prescriber agrees to keep the Code confidential and to use it solely for the purpose of prescribing Tangible Boost to patients.
- Prescription Validation
- The Prescriber acknowledges and agrees that providing the Code to a patient shall constitute a valid prescription for Tangible Boost.
- The patient, upon receiving the Code from the Prescriber, may present it to the Company product as proof of prescription.
- The Company may, at its discretion, fulfill that prescription by providing Tangible Boost to the patient.
- Responsibilities of the Prescriber
- The Prescriber shall ensure that the Tangible Boost product is suitable for the patient before providing the Code.
- The Prescriber shall maintain accurate and up-to-date records of all prescriptions made using the Code.
- The Prescriber shall immediately notify the Company in writing if the Code is lost, stolen, or compromised in any way.
- Term and Termination
- This Agreement shall commence on the date first above written and shall continue in full force and effect until terminated by either party with 30 days written notice.
- The Company reserves the right to terminate this Agreement immediately if the Prescriber breaches any of its terms.
- Miscellaneous
- This Agreement contains the entire understanding between the parties and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.
- This Agreement may be amended only in writing signed by both parties.
- This Agreement shall be governed by and construed in accordance with the laws of Delaware.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date of Prescriber signature below.