SmartPak® ColiCare® Program Terms Conditions

PROGRAM BENEFITS:

Horses enrolled in and in compliance with the SmartPak ColiCare Program after June 8, 2022 ("Effective Date"), ("Eligible Horses") will be eligible for reimbursement from SmartPak Equine, LLC ("SmartPak") for up to $15,000 for colic surgery assistance fees ("Surgical Reimbursement").

ELIGIBILITY REQUIREMENTS:

To be an Eligible Horse, a horse must be accepted into the SmartPak ColiCare Program. To be accepted, the horse's owner or the horse-owner's agent (who hereby represents that such agent has the authority to legally bind the owner) (collectively, "Customer") must have completed the SmartPak ColiCare Program Enrollment Form and have received written confirmation from SmartPak that the horse has been accepted into the ColiCare Program ("Official Enrollment Notification").

To be an Eligible Horse, a horse must reside in the United States and be under the direct care of a licensed veterinarian ("Attending Veterinarian"). An Eligible Horse must be at least five months of age (and fully weaned).

A horse is not eligible for enrollment if it has had any of the following:

1. Previous colic/abdominal surgery-defined as any previous surgical procedure to a horse's abdomen;
2. History of chronic colic-defined as a horse experiencing three or more episodes of veterinarian-attended colic within any twelve-month period;
3. Experienced colic in the twelve months prior to applying-defined as any veterinarian-attended colic episode, regardless of whether the veterinarian treated the horse; or
4. Received Surgical Reimbursement under the SmartPak ColiCare Program prior to the Effective Date.

PROGRAM REQUIREMENTS:

An Eligible Horse must meet all of the following Program Requirements to be in compliance with the ColiCare Program and eligible for Surgical Reimbursement:

Purchase Requirements:

1. Daily administration of the maintenance dose (defined in table below) of SmartDigest® Ultra Powder, SmartDigest® Ultra Pellets, SmartGI® Ultra Pellets, SmartComboTM Ultra Pellets, SmartComboTM Senior Ultra Pellets, SmartComboTM Ultimate Pellets, or SmartPerform® Ultra Pellets ("ColiCare-Eligible Products") in the SmartPak supplement feeding system on a 28-day AutoShip schedule ("SmartPaks") for a minimum of twenty-eight consecutive calendar days (defined as a minimum of twenty-eight days from the shipment date) after acceptance, provided that an eligible dose of a ColiCare-Eligible Product must have shipped to Customer within twenty-eight calendar days of applying for the ColiCare Program.
2. After acceptance into the SmartPak ColiCare Program, Customer must maintain the 28-day AutoShip schedule and cannot postpone a delivery of SmartPaks for more than 14 consecutive days past the original ship date (or more than 28 days total within any twelve-month period).

ColiCare Required Maintenance Dose (based on horse's weight at time of application):

Annual Wellness Requirements:

1. Documentation of at least one physical examination by Attending Veterinarian each year and compliance with all of Attending Veterinarian's recommendations (both as a result of any physical examinations or other recommendations of Attending Veterinarian),
2. Documentation of at least one dental examination by Attending Veterinarian each year and administration of dental treatment(s) as recommended by such examination,
3. Documentation of annual vaccinations administered by Attending Veterinarian of core vaccinations-such as those recommended by the American Association of Equine Practitioners (AAEP): Tetanus, EEE/WEE, WNV, and Rabies, as well as any additional vaccinations as recommended by such Attending Veterinarian, and
4. Documentation of participation in a deworming program overseen by the Attending Veterinarian that includes at least one fecal egg count test and at least two deworming administrations each year.
5. Annual Wellness Requirements 1-4 referenced above cannot be administered or performed during an incidence of colic or colic surgery.

REIMBURSEMENT:

Surgical Reimbursement is limited to $15,000 over the lifetime of an Eligible Horse and is limited to Eligible Expenses incurred while a horse is an Eligible Horse. Any fees that exceed $15,000 are the sole responsibility of Customer. Expenditures eligible for Surgical Reimbursement ("Eligible Expenses") are only those costs incurred by the horse's owner or horse-owner's agent for a surgical colic incident, namely:

1. Preoperative care incurred at a veterinary surgical facility,
2. Surgery exclusive to the digestive tract incurred at a veterinary surgical facility,
3. Postoperative care incurred at a veterinary surgical facility, including up to $500 for handling of final remains (if applicable) and
4. Costs reimbursed by a third-party are not eligible.

To apply and receive Surgical Reimbursement, the Customer must:

1. Have received from SmartPak an Official Enrollment Notification,
2. Have administered a ColiCare-Eligible Product at the maintenance dose in SmartPaks to the Eligible Horse for a minimum of twenty- eight days and for the entire time since acceptance,
3. Notify SmartPak of surgery within fourteen days,
4. Have Attending Veterinarian complete and send the ColiCare Program Compliance Affidavit to SmartPak, within fourteen days of the date of discharge from the veterinary surgical facility,
5. Have the veterinary surgical facility complete and send the Surgical Reimbursement Form within fourteen days of the date of discharge from the veterinary surgical facility, and
6. Have paid all costs associated with the colic surgery prior to submission and approval of documentation for reimbursement from SmartPak.

Only the Customer may apply for Surgical Reimbursement. Upon determination by SmartPak to complete Surgical Reimbursement, a check for the applicable amount will be issued in the name shown on the receipt from the Attending Veterinarian as the payor for the costs and delivered to an address provided by Customer.

Applications for and receipt of Surgical Reimbursement made prior to the Effective Date of May 29th, 2019 shall be limited to $7,500 over the lifetime of an Eligible Horse. Applications for and receipt of Surgical Reimbursement made between May 29th, 2019 and effective Date of June 8th, 2022 shall be limited to $10,000 over the lifetime of an Eligible Horse.

LIMITED LIABILITY:

SmartPak assumes no responsibility or liability for the rendering of services or products not under SmartPak's control. Compliance with the terms of this agreement does not constitute a guarantee that an Eligible Horse will not colic. This program is not intended to be a substitute for insurance coverage. Compliance with the terms of the ColiCare Program does not constitute an insurance policy.

TERMINATION:

SmartPak may revise or cancel this program upon ninety (90) days notification to Customers with Eligible Horses. Your continued participation in the ColiCare program constitutes your acceptance of any such changes. Notification may be by any method used by SmartPak to routinely communicate with Customers with Eligible Horses. SmartPak reserves the right at its sole discretion to disqualify any horse, Customer, veterinarian, or veterinary surgeon from the program.