INTERNET THERAPIST, LLC
January 03rd, 2007
THIS AGREEMENT is entered into as of ______________,
2007, between Internet Therapist, LLC, a duly formed
(“Associate”),
with contact address at: _____________________________________________________,
with
respect to the following:
RECITALS
Whereas,
the Company has an internet business / web site concerning counseling at www.asktheinternettherapist.com (“Web site”), Whereas, Associate desires to
market himself or herself and obtain clients through the Company’s Web site; Whereas,
the Company desires to enter into a business relationship with Associate;
AGREEMENTS
In consideration of the mutual promises
and covenants in this Agreement, and reliance on the representations,
warranties, and recitals set forth in this Agreement, the parties agree as
follows:
1. As used in this Agreement,
“client” or “clients” means those persons who visit the Web site and elect to
obtain, or are assigned, services provided by the Associate.
2. The Company will publish the
following information on the Web site:
Associate’s name,
biographic information, picture, areas of counseling emphasis,
fees, and e-mail
address.
3. The Company agrees to make
its best efforts to maintain the Web site.
Associate waives any and all damages that might accrue from the failure
of the Web site unless such failure results from the grossly negligent act of
the Company.
4. The Company agrees to use
its best efforts to keep the Web site based on a secure server and to keep the
Web site current with at least eight major Internet search engines. The Company agrees to make reasonable efforts
to add the Web site to at least eight major Internet search engines.
5. The Company agrees to
publish, on a separate page, the Associate’s information and market him or
herself on at least eight major search engines.
6. Associate acknowledges that
the Company makes no representations or warranties as to the number of clients
that Associate will gain through the Web site.
7. Associate agrees to pay the
Company ten percent (10%) of all fees collected from clients.
8. Company agrees to collect
all fees from clients and will retain its ten percent (10%) payment from such
fees, and thirty percent (30%) for all products that the associate sells on the
site.
9. Associate agrees to pay the
following fees to cover Associate’s share of Web site expenses:
(a) One time development fee of
$175.00, payable upon execution of this Agreement.
(b) Annual fee of $100.00,
payable on the anniversary date of execution of this agreement after the
associate establishes an average of 15 sessions per month.
10. Associate agrees to hold and
maintain in good standing a nationally recognized license or certification
and a state or principality license or certification
in the Associate’s counseling profession, or relevant degree in an associated
profession. Associate shall provide
copies of such licenses or certifications to Company.
11. Associate agrees to purchase
and maintain professional liability insurance with a company that does
not specifically prohibit Internet counseling from
its coverage specifications. Associate
further agrees to maintain professional liability insurance coverage in the sum
of at least $100,000.00 per occurrence, and $3,000,000.00 aggregate. Associate agrees to provide the Company with
a copy of the Certificate of Insurance.
12. Associate agrees to conduct
him / her self in full accordance with code of ethics related to his / her
national, state, and / or principality license or
certification.
13. Associate agrees to use any
and all information obtained from the client solely for counseling
purposes.
Associate agrees to restrict Associate’s contact with clients solely to
professional counseling contact through the Web site.
14. Either party may terminate
this Agreement at any time, for any reason, in writing signed by the party
or by a duly authorized representative of the
party. Written termination of the
Agreement shall be personally delivered or sent by mail, “return receipt
requested.” Termination shall be
effective upon receipt of written termination.
15. Upon termination of this
Agreement, Associate agrees not to solicit or contact any clients, directly or
indirectly, for a period of three (3) years from the
date of termination of this Agreement. This clause only pertains to clients
gained by the affiliate specifically through Internet Therapist LLC and is in
no way meant to limit an individual affiliate from marketing through their own
website or having other affiliations with other healthcare websites. Clients
gained from those sources are purely the affiliates.
16. Associate agrees to
indemnify, defend, and hold harmless the Company for any and all claims,
liabilities, damages, actions, lawsuits, administrative
proceedings, expenses, costs, and / or attorney’s
fees arising from Associate’s interactions or
contact with the clients obtained through the Company’s Web site.
17. In the event that either
party files an action to enforce the provisions of this Agreement, the party prevailing
in such action shall be entitled to recover from the other party reasonable
attorney’s fees and costs.
18. This Agreement shall be
construed in accordance with and governed by the laws of the State of
19. This Agreement shall inure
and be binding upon the parties and their respective successors.
20. This Agreement constitutes
the entire understanding between the parties with respect to its subject
matter, superceding any other understanding between the parties. This Agreement may be modified only in
writing signed by the parties or their respective duly authorized
representatives.
21. Associate agrees to maintain
a proper firewall for their computer and encryption for emails.
22. Associate understands and
agrees that any face-to face clients obtained through the site are solely the
associates’, and owe Internet Therapist, LLC nothing.
23. This contract is not
exclusive and associates are free to belong to other websites and/or own and
offer their services on their websites.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the date first above written.
( www.asktheinternettherapist.com
)
Title
___________________________ Title ______________________________
Date ___________________________ Date ______________________________