This agreement is entered into by East Main Street Insurance Services Inc. dba InsuranceHelper.com (herein after referred to as "InsuranceHelper.com") and the undersigned producer (herein after referred to as "Producer") effective as of the date written below.
WITNESSETH THAT is consideration of the mutual covenants and promises contained herein, InsuranceHelper.com and the Producer agree and state as follows:
The headings contained in this agreement are for reference purposes only and will not affect its interpretation.
AUTHORITY AND RESPONSIBILITY
The parties will work together to place policies of insurance through InsuranceHelper.com for the clients of Producer. InsuranceHelper.com shall have the sole right to accept or reject applications of insurance. Producer shall receive such compensation as agreed to by the parties on a case-by-case basis.
In submitting business to InsuranceHelper.com, Producer is acting as agent for the applicant for insurance and is not acting as an agent, subagent or broker for InsuranceHelper.com. This agreement does not create a partnership, joint venture or employment relationship between InsuranceHelper.com and Producer. Producer is for all purposes an independent contractor.
Producer shall have no authority to bind any insurer for InsuranceHelper.com or act as agent for InsuranceHelper.com, or commit to or issue binders, policies, or other written evidence of insurance or make, alter or vary any terms of coverage, or include any liability for InsuranceHelper.com.
InsuranceHelper.com assumes no responsibility toward any policyholder or Producer with regard to the adequacy, amount or form of coverage obtained through InsuranceHelper.com. Producer agrees to hold InsuranceHelper.com harmless from any claim asserted against InsuranceHelper.com based upon or arising out of acts, errors or omissions of the Producer.
COMPLIANCE WITH LAWS AND STATUTES
The Producer hereby warrants to InsuranceHelper.com that Producer is properly licensed to transact business as an agent or broker in accordance with the provisions of insurance laws of any state in which business is transacted.
Producer will promptly notify InsuranceHelper.com of any non-renewal, cancellation, suspension, or disciplinary action in respect of its license or licenses. The Producer warrants that it will comply with all applicable laws and regulations governing the conduct of business subject to this Agreement in the jurisdiction(s) involved. Certain insurance contracts may be placed by InsuranceHelper.com with insurers not licensed to transact insurance in the state in which the insured is located, and certain filings and tax payments may be required to comply with the insurance laws of the state in which the risk is located. For risks being placed with an excess and surplus lines, or unlicensed, insurer, Producer agrees to comply with any applicable state law requiring a diligent attempt to procure such insurance from authorized insurers.
GUARANTEE OF PAYMENT
In consideration of InsuranceHelper.com handling of such Producer's business as is accepted for good and valuable consideration, Producer guarantees payment to InsuranceHelper.com of all premiums on policies of insurance which have been bound with InsuranceHelper.com. It is further agreed that such payment is due to InsuranceHelper.com in accordance with payment terms as specifically noted on the invoice issued to Producer by InsuranceHelper.com, and is due whether or not Producer has collected the premium. It is agreed that Producer shall be liable for, and shall pay a return commission at the same rate as originally credited to Producer, for all return premium, adjustments or cancellations made at the option of InsuranceHelper.com, the insured or otherwise.
Producer assumes the credit risk of advancing premiums to InsuranceHelper.com before collecting premiums from an insured.
This guarantee shall be performed by Producer upon demand of InsuranceHelper.com at any time with respect to any uncollected premium or unpaid return commission then outstanding.
No insurance contract may be returned to InsuranceHelper.com by Producer for flat cancellation unless it is returned and received prior to the inception or effective date of the contract.
If Producer does not make timely payment of any sums due InsuranceHelper.com, it is understood that InsuranceHelper.com, without limitations of its other remedies, reserves the right to cancel policies for non-payment of premium to InsuranceHelper.com.
Producer shall notify InsuranceHelper.com as soon as possible of any claims, suits or notices of loss (or circumstances which might reasonably be expected to result in a claim, suit or notice of loss) and agrees to cooperate fully with InsuranceHelper.com and its insurance companies to facilitate the investigation, adjustment, settlement or payment of any claim when and as requested by InsuranceHelper.com.
FIDUCIARY RESPONSIBILITY OF PRODUCER
Any monies collected by Producer while acting in the capacity of Producer for the account of InsuranceHelper.com shall be held by Producer in a fiduciary account in accordance with the laws of the state in which the fiduciary account is located, if there are no such laws, in accordance with the laws of Utah. Producer shall notify InsuranceHelper.com regarding any information of which Producer is aware or becomes aware concerning a potential or actual bankruptcy of an insured/account, including but not limited to, any legal notices received.
The Producer shall not cause any advertisement referring to or using the name of InsuranceHelper.com or its insurance companies, or issue or cause to have issued any letter, circular, pamphlet or other publication or statement so referring, without the express prior written consent of InsuranceHelper.com. In the event that InsuranceHelper.com shall be subjected to loss or expense arising out of any unauthorized advertisement, publication or statement of the Producer, the Producer shall be liable for all resulting damages and costs.
TERMINATION OF AGREEMENT
This Agreement may be terminated at any time by either party giving seven days written notice to the other. After the date of termination of this Agreement, the Producer shall complete the collection and accounting to InsuranceHelper.com for all premiums, commissions and other transactions unaccounted for on the date of termination or arising thereafter in respect of outstanding insurances, including but not limited to return premium and return commissions. Producer shall after termination continue to provide prompt notice and cooperate fully with InsuranceHelper.com and the insurer regarding claims as set forth in this agreement.
Producer shall, at the request of InsuranceHelper.com, or any insurer whole policy is affected, give notice of cancellation or non-renewal of a policy as required by applicable laws.
WAIVER OR DEFAULT
Waiver by InsuranceHelper.com of, or failure of InsuranceHelper.com to enforce any of the provisions of this Agreement or to terminate it because of a breach hereof shall not be deemed to be a waiver of such provisions or a breach committed by the Producer. If the Producer fails to observe, keep or perform any provision of this Agreement and InsuranceHelper.com incurs damages, obligations, judgments, or costs and expenses (including reasonable attorney's fees), Producer shall hold InsuranceHelper.com (and it’s affiliates, their directors, officers, employees and agents) harmless from and against, and promptly reimburse it for, any and all loss, expense, judgment, stipulation, penalty, damage, deficiency, liability and obligation, including, without limitation, settlement costs, costs of investigation, prosecution or defense, costs and attorney’s fees, arising out of or in any way connected with the breach of misrepresentation by Producer of any of its representations, warranties, covenants, or agreements contained in this agreement.
This Agreement, together with any addenda or schedules attached hereto, constitutes the entire agreement between InsuranceHelper.com and Producer and supersedes and replaces any previous agreements between InsuranceHelper.com and Producer. No oral promises or representations shall be binding, nor shall this Agreement be modified expect by agreement in writing attached hereto, executed on behalf of InsuranceHelper.com.
This agreement shall apply to current insurance contracts already placed and in force at the date hereof and all future insurance contracts which may be placed by InsuranceHelper.com on behalf of Producer.
This Agreement shall be deemed to have been made in and shall be governed by the laws of the State of Utah. If applicable law is in conflict with any part of this Agreement, the Agreement will be considered modified to conform with the law. The other provisions will not be affected.
It is the sole responsibility of the Producer to maintain errors and omissions Liability Insurance coverage with Limits of Liability of not less than $1,000,000 each claim, $1,000,000 Policy aggregate. Producer will promptly notify InsuranceHelper.com of any cancellation, termination, or non-renewal of such coverage.
Producer will provide InsuranceHelper.com with a copy of the policy declarations page. Producer will forward renewal documentation within 30 days of expiration.
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