PLATINUM COLIC COVERAGE™ TERMS & CONDITIONS
Agreement
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 Platinum Performance Inc. (“Platinum Performance”) regarding the Platinum Colic 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.
Platinum Colic Coverage™ Program Terms
Horses that are enrolled in and that comply with all of the Platinum Colic Coverage™ Program terms (“Qualifying Horses”) will be eligible for reimbursement from Platinum Performance for up to $8,000 or $10,000 (as applicable and as described further below) for colic surgery assistance fees (“Reimbursement”).
Documentation Required For 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 (defined below) 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 trea™ent(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
Reimbursement is limited to $8,000 or $10,000, respectively, over the lifetime of a Qualifying Horse and is limited to Qualifying Expenses (defined below) 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. Emergency (non-elective) 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 Platinum Colic Coverage™ -Qualifying Products (defined below) after acceptance (purchases made prior to acceptance do not qualify) and have administered the corresponding Platinum Colic Coverage™ -Qualifying Products at the Recommended Dose (defined below) in Platinum PAKs® or eligible bulk containers (defined below) 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 Platinum Performance ahead of time if the enrolled horse travels abroad, 5. Notify Platinum Performance of the surgery within fourteen calendar days of the date of surgery, 6. Have the Licensed Veterinarian complete and send the Platinum Colic Coverage™ Program compliance affidavit to Platinum Performance 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 Platinum Performance within twenty-one calendar days of the date of surgery, and 8. Submit all required documents to gain approval from Platinum Performance of the Reimbursement. Platinum Performance will notify the owner of acceptance or denial of the claim for Reimbursement by email and/or mail. If Platinum Performance denies the claim, the horse owner has seven calendar days from the date of denial to request a claim denial review form. The completed claim denial review form must then be returned to Platinum Performance within 10 days of receiving the form. Otherwise, Platinum Performance’s denial will be deemed final.
Platinum Colic Coverage™ Program Requirements
To be in compliance with the Platinum Colic 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 Platinum Colic 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® GI, or (2) Platinum Performance® Equine and Platinum Balance®, or (3) Platinum Performance® Equine and Platinum Gastric Support®, or (4) Platinum Performance® CJ and Platinum Balance®, or (5) Platinum Performance® CJ and Platinum Gastric Support®.
Purchase Requirements
Platinum Performance® Equine, Platinum Performance® CJ, Platinum Performance® GI, 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 “Platinum Colic Coverage™ -Qualifying Products”. Coverage in the Platinum Colic Coverage™ Program only applies to purchases of Platinum Colic Coverage™ -Qualifying Products made after acceptance into the Platinum Colic Coverage™ Program. Platinum Colic Coverage™ -Qualifying Products must be purchased in the Platinum Performance® supplement feeding system (“Platinum PAKs®”) as part of either a 28-day or 56-day automatic shipment or eligible bulk containers (defined as Platinum Performance® Equine, Platinum Performance® CJ, Platinum Performance® GI in 10 lbs, 17.5 lbs, 25 lbs and 50 lbs (for two or more horses). Platinum Balance®, in .8 lb, 1.6 lb, and 3.2 lb. Platinum Gastric Support® in 1 lb, 2 lb, and 4 lb) as part of an auto-ship cycle calculated from the required minimum dose and how many horses are using the container. In addition, Qualifying Horses must have their first shipment containing a Platinum Colic Coverage™ -Qualifying Product ship within five business days of being accepted into the Platinum Colic Coverage™ Program, barring any delays caused by Platinum Performance (such as product unavailability).
Other Eligibility Requirements
After acceptance into the Platinum Colic 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 Platinum Colic Coverage™ -Qualifying Product at the Recommended Dose for the entire time since acceptance. If at any time the Platinum Colic 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 Platinum Colic 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 Platinum Colic Coverage™ start date. Employees of Platinum Performance, its parents, subsidiaries or affiliates and employees are not eligible to participate in the Platinum Colic Coverage™ Program. Sponsored individuals and resellers may not be eligible to participate in the Platinum Colic Coverage™ Program. Aside from sponsored individuals and resellers who may not be eligible, those not purchasing Platinum Colic Coverage™ -Qualifying Products at the full retail value (as stated in the corresponding price list or online) are not eligible to participate in the Platinum Colic Coverage™ Program.
Eligibility
In addition to the other requirements of this Agreement, to be a Qualifying Horse, a horse must: A) Be accepted into the Platinum Colic 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 Platinum Colic Coverage™ Program Application Form and have received written confirmation from Platinum Performance that the horse has been accepted into the Platinum Colic Coverage™ Program (“Acceptance Notification”) - see Platinum Colic Coverage™ Program Requirements above. Platinum Performance reserves the right to contact the horse owner’s veterinarian or the veterinarian clinic listed in the Platinum Colic 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 Platinum Colic Coverage™ Program- defined as any veterinarian-attended colic episode, regardless of whether a veterinarian treated the horse or not.
Disclaimer of Warranties/Limitation of Liability
PLATINUM PERFORMANCE 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. PLATINUM PERFORMANCE’S MAXIMUM LIABIL- ITY FOR ANY CAUSE OF ACTION ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE APPLICABLE REIMBURSEMENT. Platinum Performance assumes no responsibility or liability for any services or products not under Platinum Performance ’s control. The Platinum Colic Coverage™ Program is not intended to be a substitute for insurance coverage and the Platinum Colic Coverage™ Program is not an insurance policy.
Termination
Platinum Performance may cancel the Platinum Colic Coverage™ Program upon ninety (90) days’ notification to owners of Qualifying Horses; at the end of such period all benefits under the Platinum Colic Coverage™ Program will end. Any notification to you under this Agreement may be by any reasonable method chosen by Platinum Performance. Platinum Performance 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 Platinum Colic Coverage™ Program. Any false or fraudulent claim made by the horse owner is grounds for disqualification from the Platinum Colic Coverage™ Program. Any false or fraudulent claim made by a veterinarian is grounds for disqualification from the Platinum Colic 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.
Miscellaneous
This Agreement, including the accompanying Platinum Colic Coverage™ Program Application Form, constitutes the entire agreement between the parties with respect to the Platinum Colic Coverage™ Program. This Agreement is solely between you and Platinum Performance. This Agreement is not assignable or transferable by you, in whole or in part, without Platinum Performance’s prior written consent. Platinum Performance may assign its rights or obligations under this Agreement upon notice to you. Platinum Performance reserves the right to change the terms of this Agreement or the Platinum Colic Coverage™ Program and shall be evidenced by a new Effective Date shown below. When changes are made to this Agreement, Platinum Performance will make a new copy of this Agreement available here and may also attempt to notify you by sending you an email to the last email address you provided (if any). Therefore, you agree to promptly notify Platinum Performance of any changes in your email address. Platinum Performance 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 Platinum Colic Coverage™ Program. Otherwise, your continued participation in the Platinum Colic 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.
