Nomo Advantage Terms and Conditions

NOMO SMART CARE, LLC
NOMO ADVANTAGE AFFILIATE PROGRAM TERMS AND CONDITIONS

Last Updated: April 2026

These Nomo Advantage Affiliate Program Terms and Conditions (these “Terms”) constitute a legally binding agreement between you (“Affiliate,” “Agent,” or “you”) and Nomo Smart Care, LLC, a Delaware limited liability company (together with its parent companies, holding companies, subsidiaries, and affiliates, collectively, “Nomo,” “we,” “us,” or “our”).

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I AGREE” OR BY ACCESSING OR PARTICIPATING IN THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF ITS TERMS, CONDITIONS, AND NOTICES.

WHEREAS, Nomo is in the business of developing, marketing, and selling smart home products and services, including hardware and subscriptions, designed to assist families in caring for individuals aging-in-place (the “ Nomo Products ”);

WHEREAS, you are an independent insurance agent, agency, or National Marketing Alliance ("NMA") desiring to market and promote the sale of Nomo Products;

WHEREAS, Nomo is willing to grant you a limited, revocable right to promote the Nomo Products subject to your strict compliance with these Terms; and

WHEREAS, as a condition of your participation, Nomo requires you to agree to the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

AGENT OBLIGATIONS AND CONDUCT

Product Demonstration and Sales Process. You agree to use only Nomo-provided demonstration equipment (each, a “Demo Kit”) to showcase the functionality of Nomo Products. All purchases must be transacted directly between the prospective purchaser of Nomo Products (each, a “Customer”) and Nomo via Nomo’s official website or other designated purchasing platform. You shall not accept cash, checks, credit card information, or any other form of payment from a Customer for a Nomo Product or related service.

Fulfillment. In instances where a Customer completes a purchase through Nomo’s platform while you are present, you may fulfill the hardware portion of the order using the specific, new-in-box kits provided to you by Nomo for this purpose (“Fulfillment Kits”) or the Customer may choose to have the Nomo Product shipped directly by Nomo. You agree to maintain an accurate inventory of Fulfillment Kits and report all fulfillments as directed by Nomo.

Independent Contractor Status. You acknowledge and agree that you are, and shall at all times remain, an independent contractor. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship between you and Nomo. You are not an employee of Nomo and are not entitled to any of the rights or benefits afforded to Nomo employees, including but not limited to, health insurance, vacation pay, or retirement benefits. You are solely responsible for all taxes, withholdings, licensing fees, and other statutory or contractual obligations of any sort, including but not limited to, workers’ compensation insurance.

Limited Authority. Nomo grants you a non-exclusive, non-transferable, completely revocable right to promote and market Nomo Products to Customers in strict accordance with these Terms. You have absolutely no authority to: (i) accept payments from Customers on behalf of Nomo; (ii) make any warranties, representations, or guarantees concerning Nomo Products that are not expressly authorized in writing by Nomo ; or (iii) bind Nomo to any contract, obligation, or regulatory commitment.

COMPENSATION AND PLATFORM MECHANICS

System of Record. The Nomo Advantage program utilizes the GoAffPro platform (or such other platform as Nomo may designate) to track referrals and calculate commissions. You agree that Nomo’s tracking data within GoAffPro shall be the sole, exclusive, and final system of record for all compensation matters. Nomo’s calculations are final and not subject to audit or dispute by you.

Commission Structure. Commissions will be calculated and paid strictly as set forth in the commission schedule assigned to your specific account tier (e.g., Independent Agent vs. NMA) as displayed within your active GoAffPro portal. Nomo reserves the right, in its sole and absolute discretion, to modify, reduce, or alter commission rates, tiers, and payment terms at any time without prior notice.

Excluded Payouts. Not all products, services, or installation fees listed in general program literature are commissionable for all Affiliates. You are only entitled to commissions for events explicitly tracked, authorized, and credited to your specific tier in GoAffPro.

Forfeiture. In the event Nomo terminates these Terms due to your breach, any unpaid commissions shall be immediately and permanently forfeited to Nomo as liquidated damages, without limiting any other remedies available to Nomo.

STRICT MARKETING AND REGULATORY COMPLIANCE

Approved Materials Only. You are expressly prohibited from creating, designing, or modifying any marketing collateral, websites, social media posts, or advertising materials related to Nomo. You shall exclusively use the pre-approved, “Nomo-ready” creative assets provided directly by Nomo. Any use of custom materials requires the prior, explicit written consent of Nomo’s legal department.

CMS and Medicare Compliance. You acknowledge that your marketing activities may intersect with populations protected by the Centers for Medicare & Medicaid Services (CMS) and other regulatory bodies. You warrant that you will strictly comply with all applicable local, state, and federal laws, regulations, and guidelines, including anti-kickback statutes and Medicare marketing communication rules.

Ethical Conduct and Zero Tolerance. You shall at all times conduct yourself in a professional and ethical manner. You will make no false or misleading representations about Nomo, its business, or the Nomo Products. Nomo assumes no responsibility for your regulatory compliance. Any unauthorized claims, aggressive sales tactics, or violations of CMS marketing guidelines by you will result in immediate termination of these Terms, forfeiture of all pending commissions, and immediate indemnification obligations.

HANDLING OF NOMO PROPERTY

Sales Process. All purchases must be transacted directly between the prospective purchaser of Nomo Products (each, a “Customer”) and Nomo via Nomo’s official tracked affiliate links or other designated purchasing platform. You shall not accept cash, checks, credit card information, or any other form of payment from a Customer for a Nomo Product or related service.

Title and Ownership. You acknowledge that the Demo Kit, all Fulfillment Kits, and any other equipment, marketing materials, or documents provided to you by Nomo (collectively, “Nomo Property”) are and shall remain the sole and exclusive property of Nomo.

Prohibition on Sale of Demo Kit. You are expressly prohibited from selling, gifting, leasing, or otherwise transferring the Demo Kit or any of its components. The Demo Kit is provided for demonstration purposes only. Any attempt to sell or transfer the Demo Kit is a material breach of these Terms.

Care and Return of Property. You agree to exercise reasonable care in the use, storage, and maintenance of all Nomo Property. Upon the termination of these Terms for any reason, or upon Nomo’s request, you shall immediately return all Nomo Property in your possession or control to Nomo in good working condition, reasonable wear and tear excepted. You may be held financially responsible for any lost, stolen, or damaged Nomo Property.

CONFIDENTIALITY AND INTELLECTUAL PROPERTY

Confidential Information. You acknowledge that in the course of your association with Nomo, you may have access to certain non-public, proprietary, and confidential information, including but not limited to, trade secrets, business plans, marketing strategies, customer lists, product designs, technical data, and financial information (“Confidential Information”). You agree to hold all Confidential Information in the strictest confidence. You shall not, during the term of these Terms or at any time thereafter, use any Confidential Information for your own benefit or for the benefit of any third party, nor shall you disclose any Confidential Information to any third party without the prior written consent of Nomo.

Intellectual Property. You acknowledge that Nomo is the sole and exclusive owner of all rights, title, and interest in and to its trademarks, service marks, logos, patents, copyrights, trade secrets, and other intellectual property rights (the “Intellectual Property”). You shall not use Nomo’s Intellectual Property except as expressly permitted in writing by Nomo for the purpose of marketing Nomo Products under these Terms. You agree not to take any action that would be inconsistent with Nomo’s ownership of its Intellectual Property.

TERM AND TERMINATION

Term. These Terms shall commence on the date you accept these Terms and shall continue until terminated by either party.

Termination. Nomo may terminate these Terms and revoke your GoAffPro portal access at any time, for any reason or no reason, immediately upon notice to you. You may terminate these Terms upon thirty (30) days' written notice to Nomo.

Obligations Upon Termination. Upon termination, you shall immediately: (a) cease all activities related to the marketing and promotion of Nomo Products; (b) return all Nomo Property as required hereunder; and (c) cease any and all use of Nomo’s Confidential Information and Intellectual Property. These obligations of confidentiality under shall survive the termination of these Terms.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Indemnification. You agree to indemnify, defend, and hold harmless Nomo, its holding companies, parent companies, and its officers, directors, employees, and agents from and against any and all claims, regulatory fines, penalties, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your breach of these Terms; (b) your violation of any law, regulation, or CMS guideline; (c) any unauthorized representations, warranties, or statements you make concerning Nomo or Nomo Products ; or (d) any negligent, reckless, or intentionally wrongful act or omission by you.

Limitation of Liability. IN NO EVENT SHALL NOMO BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, EVEN IF NOMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOMO’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES SHALL STRICTLY BE CAPPED AT THE LESSER OF: (A) THE TOTAL COMPENSATION, IF ANY, PAID TO YOU BY NOMO IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500.00).

GENERAL PROVISIONS

Governing Law. These Terms and any dispute arising hereunder shall be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its conflict of laws principles.

Jurisdiction and Venue. The parties irrevocably agree that any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in the State of Delaware. Each party hereby consents to the exclusive jurisdiction and venue of such courts.

Entire Agreement. These Terms constitute the entire agreement between you and Nomo concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, including any specific prior agreements with third-party NMAs (such as TLC).

Modification. Nomo reserves the absolute right to modify these Terms at any time without prior consultation. We will provide notice of any material changes by posting the revised Agreement on the GoAffPro portal or by other means of communication. Your continued participation in the program or use of your assigned affiliate link after such notice constitutes your binding acceptance of the revised Agreement.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

No Waiver. The failure of Nomo to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

ACKNOWLEDGEMENT AND AGREEMENT

BY CLICKING “I AGREE,” YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT, AND YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THESE TERMS AND AGREE TO BE LEGALLY BOUND BY ALL OF ITS TERMS AND CONDITIONS.