2. REFERRAL CREDITS
(a) Basis of Referral Credits. Company will be entitled to a referral credit
where: (i) Company provides a potential customer’s information to NextPatient (ii) NextPatient does not already have that potential customer registered as a lead in NextPatient’s records, and (iii) that customer purchases the NextPatient Service subject to NextPatient’s standard customer agreement (the “NextPatient Customer Agreement”) (with each such NextPatient Customer Agreement that conforms to the requirements above, a “Qualified Customer Agreement,” and the customer agreeing to such Qualified Customer Agreement, a “Qualified Customer”). No referral credits will be issued on any agreements that are not Qualified Customer Agreements unless otherwise agreed in writing by NextPatient in its sole discretion. Referral credits will be computed on the amounts actually received by NextPatient from the Qualified Customer less, to the extent applicable: (i) taxes,duties and governmental charges (if any); (ii) refunds or credits; (iii) installation and professional services fees and (iv) amounts paid in reimbursement of costs and expenses (“Net Revenue”).
(b) Referral Credit Term. Referral credit will only be paid on Qualified Customer Agreements with a minimum 12-month term.
(c) Amount of Referral Credit. Company’s referral credit will be a one time credit based on the size of the practice as follows: 1 - 6 providers - $600, 7 - 20 providers - $1,200, 21 - 40 providers - $1,900, 41+ providers $3,800.
(d) Credit Terms. The referral credit on a given Qualified Customer Agreement will be issued 60 days following the close of the month in which the Qualified Customer Agreement is signed and client has launched.
(e) Referral Credit Charge-Back. NextPatient may, in its sole discretion, grant refunds to its customers. In each such case, NextPatient may charge back to Company’s account any amounts previously paid or credited to it with respect to such refunds.