General. First Databank Inc. is requiring each entity that utilizes the Prescription Routing Service provided by FDB to agree to the terms and conditions set forth below (the “Flow Down Terms”). MPS agrees to pass these Flow Down Terms to the end user of the Prescription Routing Service from RelayHealth.
Flow Down Provisions.
- End User agrees that it is and shall remain authorized to receive and fulfill Prescriptions in accordance with Applicable Law.
- In accordance with the Materials, End User shall transmit applicable End User information to FDB, which will be included in the Pharmacy Directory Information made available to Prescription Senders to facilitate the transmission of Prescription Messages.
- In the event an End User cannot fulfill a Prescription transmitted to such End User by FDB, such End User shall notify the applicable Prescription Sender directly by using the contact information contained in FDB’s transmission of the Prescription.
- Any data transmitted by End User in connection with the Vela Prescription Routing Services shall not: (i) be false, inaccurate or misleading; (ii) infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (iii) violate any Applicable Law, statute, ordinance, contract, or regulation; (iv) be defamatory or libelous; (v) contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage or detrimentally interfere with, surreptitiously intercept or expropriate any system, date or other personal information; or (vi) cause FDB to lose the services of FDB’s internet service providers or other suppliers.
- End User acknowledges that the use of a nationally recognized drug information database is required for the Vela Prescription Routing Services. End User shall procure such a drug information database that meets the standards set forth in the Materials. If End User elects to do so, End User may enter into a separate license agreement directly with FDB for MedKnowledge for the purposes of this obligation.
- End User agrees that End User has or has obtained all necessary rights, consents, and authorizations required for End User to receive Prescriptions via the Vela Prescription Routing Services and, if applicable, fill such Prescriptions.
- End User agrees that, by acceptance of a controlled substance prescription, it has the appropriate consents, licenses and authority to dispense controlled substances as defined by applicable standards and Applicable Laws and regulations.
- End Users acknowledge that all professional duties in dispensing pharmaceuticals or otherwise providing pharmacy services lies solely with the End User and its applicable pharmacist or other licensed professionals, including verifying the content of Prescriptions. End Users acknowledge that all professional duties in diagnosing, treating or otherwise providing health services lies solely with the applicable healthcare professional providing patient care or member services, including verifying the content of prescriptions and, if applicable, any prescription benefit and medication history information. End Users acknowledge and agree that the Vela Prescription Routing Services are not a substitute for a pharmacist or other pharmacy professional’s standard practice or professional judgment.
- End User agrees that FDB is an express intended third party beneficiary of these Flow Down Terms.