
Agency Company Agreement
New Business Multi-Peril Program
This Agreement is entered by and between SafePoint MGA, LLC on
behalf of SafePoint Insurance Company Inc., hereinafter referred to as “Company,” and
hereinafter referred to as “Agent.”
RECITALS
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Company is authorized by SafePoint Insurance Company (hereinafter referred to as “SafePoint”),
a Florida domestic insurance company, to solicit all authorized coverages of SafePoint and to
appoint insurance producers to solicit such authorized coverages on behalf of SafePoint.
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Upon and subject to the terms and conditions contained in this Agreement, Company desires to
authorize Agent to represent SafePoint for only those lines of business authorized by this
Agreement.
The parties hereto mutually agree to the following:
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TERMS AND RENEWALS
This Agreement shall be effective commencing at 12:01 A.M. on the day of
, 20 (the “Effective Date”) and shall remain in effect until terminated
pursuant to Section X of this Agreement.
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Authority of Agent. While this Agreement is in effect, subject to the terms and the
conditions of this Agreement, the Company appoints the Agent as an agent for the
Company in the authorized Territories listed in the Product Line and Commission
Schedule (the “Product Line and Commission Schedule”) attached hereto and
incorporated herein, to:
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Solicit and submit applications, to issue and deliver binders, endorsements and other
evidence of insurance the Company is licensed to write as authorized to write in the
Product Line and Commission Schedule and to provide services to the Company’s
policyholders subject to the terms and provisions of the Company Documents. The
Agent acknowledges, however, that the Company, subject to applicable law, reserves
the right to reject and cancel any risk undertaken by Agent that is not in form or
substance satisfactory to the Company or that does not comply with the Company
Documents.
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Remit upon receipt all premiums received from SafePoint policyholders directly to
SafePoint as directed by the Company and to direct all policyholders to pay all
premiums directly to SafePoint as required by the Company’s Direct Bill Program and
the Company Documents.
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Accept policyholders’ request to cancel policies and to forward immediate written
notice of such requests to the Company. Agent has no authority to initiate policy
cancellations.
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The authorized territory within which the Agent shall operate is not hereby assigned
exclusively to the Agent, not shall the Agent have the exclusive right to sell any of the
Company’s insurance products.
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Independent Contractor Status. The Agent is an independent contractor and neither
Agent nor Agent’s employees or assistants are employees of Company or SafePoint.
Subject to the terms and conditions of this Agreement, the Agent shall be free to exercise
Agent’s own judgment as to the persons or entities from whom the Agent solicits
insurance and the time, place and manner of such solicitations. Agent’s workplace shall
be of Agent’s own choosing at a site other than the Company’s premises. The Agent has
exclusive control and responsibility to hire, supervise, and pay its employees or assistants
and to select companies for which it acts as an agent. Agent warrants and represents that
Agent is fully trained and appropriately licensed to perform pursuant to this Agreement
and is not in need of any training by the Company. Agent is responsible for maintaining,
during the Term of this Agreement, the appropriate license(s) in order that the Agent can
lawfully perform pursuant to this Agreement. Agent is solely responsible for all costs and
expenses incurred by the Agent in the operation of the Agent’s business and the
performance of services pursuant to the Agreement or otherwise.
The Authority of the Agent may be terminated, suspended or modified in accordance with Article
X of this Agreement, or as otherwise stated therein.
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Duties of Agent
The Agent agrees to:
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Notification to Company. The Agent agrees to forward copies of all binders,
endorsements or certificates issued by the Agent, and otherwise notify the General Agent
in writing of all liability accepted not later than five (5) working days following the inception
date of the coverage or the date of binding of such coverage, whichever occurs first.
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Claims Reporting. The Agent agrees to report to the Company immediately, by calling
the Company toll-free number as provided, notice of all claims, suits, and notices of loss,
which come in the possession of, or become known to the Agent, and further agrees to
cooperate with the Company to facilitate the investigation, adjustment, settlement and
payment of any claim.
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Records. Agent shall retain and maintain all original records of completed applications,
binders, policies, certificates, endorsements and support documentation created, issued
and/or collected by the Agent, of all liability accepted on the Company’s behalf for
minimum of five (5) years or such longer period as may be required by law. Agent shall
ensure that all such records are kept confidential and disclosed only where required by
law or by request of the Company. The Agent also agrees to:
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Allow the Company to have access during normal business hours to the Agent’s
books, records and files for the purpose of determining any fact relative to
business placed with the Company by the Agent and assist the Company in
conducting such reviews. The Company shall provide the Agent with reasonable
notice prior to any inspection.
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Send the Company any and all records if requested by the Company with
reasonable notice or upon termination of this Agreement.
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Obtain signatures from insured(s) for all necessary documents including but not
limited to insurance applications and acknowledgements of existing insurance,
payments submitted, etc.
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All records of the Agent pertaining to the business of the Company shall be subject
to inspection and audit at any time during or after the Term of this Agreement by
representatives of the Company or SafePoint.
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Compliance with Laws. Ensure that Agent’s employees or independent contractors
acting with respect to the Company’s business are duly licensed and appointed where
required and are subject to the Agent’s oversight and control. The Agent agrees to fully
comply with the Alabama Insurance Code and all other applicable laws, regulations, rules
and orders as may be communicated by any applicable legislative, regulatory or judicial
entity or department.
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Guidelines and Manuals. Agent shall perform its duties and obligations as set forth in
this Agreement in accordance with the terms and conditions of the Underwriting Manuals,
Policies and Procedure Manuals, Homeowners and Dwelling Policy Program Manuals, all
agent or agency bulletins and other instructions provided by the Company or SafePoint
(collectively referred to as the “Company Documents”).
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Errors and Omissions. Agent shall, at all times, maintain Errors and Omissions,
general liability and motor vehicle policies in full force and effect, all providing coverage for
Agent in an amount not less than $500,000 per occurrence and $1,000,000 annual
aggregate. Agent’s coverages as required by this paragraph shall be issued by insurers
with at least an “A-“ rating authorized and authorized to transact insurance in the State of
Alabama or by an eligible surplus lines insurer with at least an ‘A-‘rating. Agent shall
continue to maintain such coverages with at least the same minimum limits and rating
during the term of this Agreement. Proof of the coverages required by this paragraph
shall be provided to Company upon execution of this Agreement and thereafter on the
renewal of such policies. Company may terminate this Agreement immediately if Agent
fails to provide written proof of such coverages or otherwise fails to maintain such
coverages as required by this paragraph.
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Supplies. At Agent’s own expense, the Agent must have the electronic computer
capability necessary to perform under this Agreement. The Agent agrees that if the
Company furnishes Agent with any supplies (including, but not limited to, Company
Documents, marketing materials or Company signs or banners) such supplies shall
remain the property of the Company and shall be accounted for and returned by the Agent
to the Company upon demand.
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Advertisements. Refrain from identifying the Company or SafePoint or their respective
logos, insignia or other property in advertising, publications or similar media, social media
or websites owned by the Agent without the prior written consent of the Company.
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Privacy. Agent shall implement and maintain adequate procedures to safeguard the
confidentiality of personal financial information relevant to Company and SafePoint
Insurance Company applicants and policyholders required by the Gramm-Leach-Bliley
Financial Modernization Act ("GLB", 15 U.S.C. §6801 et seq.) and all applicable Federal
and State provisions.
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Premium Accounting
The Agent and the Company shall comply with the following accounting procedures:
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General. Unless otherwise directed, all premiums are to be collected pursuant to the
Company’s Direct Bill Program (as hereinafter defined). “Direct Bill Program” means the
Company bills the policyholder directly for all premiums. The policyholder is directed to
make all payments by check, money order, or credit card payable to the Company and
mail them to the address contained in the Company’s billing statement. Policyholders may
also pay Direct Bill Program premiums by providing the Company with a premium finance
agreement with a duly licensed premium finance company acceptable to Company ,
together with required down payment. A copy of all cancellation notices sent to insured by
the Company shall be sent to the Agent prior to or concurrent with such mailing to the
insured. Copies of mass mailings of public service, safety, or similar materials distributed
by Company to policyholders shall also be furnished to the Agent prior to or concurrent
with such mailing. Information required by this paragraph may be sent to the Agent
through electronic transmission.
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Payments Made to the Agent. Premium payments made payable to the Agent by
policyholders are to be submitted to the Company without deduction for Agent’s
commission and are to be submitted to the Company immediately upon receipt. Any such
premium payments received by Agent shall be held by Agent in fiduciary capacity as
trustee to the Company.
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Commissions
It is agreed that:
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General. Commission on policy premiums subject to the Direct Bill Program shall be paid
to the Agent within twenty (20) days after the end of the month in which such premiums
are received and recorded by the Company, subject to offset at the sole option of the
Company, of any balances due from the Agent.
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Commission Rate. As Agent’s sole compensation for Agent’s writing of insurance as
authorized by this Agreement, Company agrees to pay commissions to the Agent in
accordance with the rate and conditions set forth on the Product Line and Commission
Schedule. The commission rate as shown on the Product Line and Commission Schedule
shall remain continuously in effect during the term of this Agreement, unless revised (as
described below). Agent shall be solely responsible for payment of compensation to
Agent’s employees, contractors, producers, subagents or other representative and shall
fully indemnify Company against any losses, liability or claims for compensation or other
remuneration made by any employee, contractor, producer, subagent or representative.
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Revision of Commission Rate. The commission rate may be revised by mutual
agreement between the Company and the Agent, or by the Company after giving the
Agent at least thirty (30) days advance written notice of the proposed revision and the
effective date. The revision shall then be effective on the date specified in the notice
without further action required by the General Agent or the Agent.
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Offset. The Agent agrees any amounts due the Agent that are held by the Company ,
including undistributed commissions due, may at any time by applied to and constitute an
offset against balance due to the Company from the Agent. Agent may not offset against
any amounts Agent is required to pay Company under this Agreement any amounts that
may be due Agent from Company. In the event of a breach by Agent of this paragraph,
Company may, without limiting any of its remedies under this Agreement, or at law,
immediately terminate this Agreement upon notice to Agent.
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Refund. Agent shall remit any unearned commissions paid by Company and; should
Agent fail to remit or return to Company any unearned commissions, Company may retain
commissions from other Agent policies accordingly. Agent’s failure to remit unearned
commissions in accordance with this Agreement will be cause for the immediate
termination of this Agreement.
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Designation of Agent by Policyholder
If a conflict exists as to which Agent is authorized to represent an existing or prospective
policyholder, the policyholder’s written statement designating his or her agent shall be binding
upon the Agent and the Company.
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Amendments
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General. The parties agree that any changes in, or amendments to, this Agreement shall
be by mutual agreement, evidenced by a written document signed by both parties, and
each party further agrees to negotiate with the other party in good faith in pursuing such
changes and amendments; provided, however, that the Company from time to time may
change the commission rates set forth in the schedule to this Agreement upon thirty (30)
days’ prior written notice to the Agent. Changes to the commission rates will apply to new
and renewal policies with effective dates following the notice period.
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Notice. The Company shall give the Agent at least thirty (30) days’ notice of intent to
negotiate a change in, or amendment to, this Agreement before those changes shall go
into effect.
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Duties of the Company
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Policyholder Notices. With regard to direct bill policies in force, the Company shall
accept the responsibility for sending to the policyholder timely notices of cancellation and
nonrenewal and changes made in the insured’s policy as a result of changes in statutes,
coverages, or forms, and for outlining any options available to the policyholder as a result
of changes in statutes, coverages, or forms. Copies of all notices shall be sent to the
Agent prior to or concurrent with mailing to the insured. The Agent should be identified as
to whom to direct questions and requests for service.
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Company Documents and Forms. The Company will prepare such documents and
forms as may be required to produce the business contemplated herein. Such forms and
documents shall be available to the Agent on the Company’s Web-based systems and
shall be utilized by the Agents pursuant to the Company Documents and other instructions
provided by Company to the Agent.
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Indemnification
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Indemnification by Company. The Company shall indemnify and hold the Agent harmless
against all liability, including attorney’s fees and costs of investigation and defense incident
thereto arising as a result of (i) a Company act or omission, except to the extent the Agent
has caused, contributed to or compounded such error; or (ii)failure of insured to receive
notice of cancellation, nonrenewal, impairment of aggregate limits, or any other notice
affecting coverage on Company billed business, where such notices are sent directly to the
insured by the Company. The Company’s obligation to indemnify shall be conditioned upon
prompt notification by the Agent to the Company of any claim made or legal action brought
against the Agent which is subject to indemnification as set forth above and the Company
shall have the right to direct the investigation, settlement and defense of any such claim or
action; provided, however, that Agent shall select counsel of recognized standing and
competence reasonably acceptable to the Company and shall not enter into any settlement
or consent to the entry of any judgment on behalf of the Company without the Company’s
written consent, which consent shall not be unreasonably withheld .. If the Agent fails to
notify the Company pursuant to this Section, the Company’s obligation to indemnify the
Agent under this Section shall not apply.
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Indemnification by Agent. The Agent shall indemnify, hold harmless, save and defend
the Company against liability for damages (including reasonable expenses and legal fees)
caused or resulting from any act or omission of the Agent or breaches of this Agreement
except to the extent that the Company caused, compounded or contributed to the Agent’s
act or omission. The Agent’s obligation to indemnify shall be conditioned upon prompt
notification by the Company to the Agent of any claim made or legal action brought against
the Company which is subject to indemnification as set forth above and the Agent shall have
the right to direct the investigation, settlement and defense of any such claim or action;
provided, however, that Agent shall select counsel of recognized standing and competence
reasonably acceptable to the Company and shall not enter into any settlement or consent
to the entry of any judgment on behalf of the Company without the Company’s written
consent, which consent shall not be unreasonably withheld . If the Company fails to notify
the Agent pursuant to this Section, the Agent’s obligation to indemnify the Company under
this Section shall not apply.
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Ownership of Expirations
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Ownership of Records. The use and control of expirations, including those on direct
billed business, the records thereof, and the Agent’s work product, shall remain in the
undisputed possession and ownership of the Agent, and the Company shall not use its
records of those expirations in any marketing method for the sale, service, or renewal of
any form of insurance coverage, or other product which shall abridge the Agent’s right of
ownership, use, and control, nor shall the company refer or communicate this expiration
information or work product to any other agent or broker; provided, however, that to
ensure timely service to policyholders following terminations due to abandonment, neglect
or similar circumstances, if the Agent does not notify the Company within thirty (30) days
of termination of this Agreement of the Agent’s intent to exercise possession of and
control over the expirations, the Company may in its sole discretion renew or non-renew
policies without obligation to the Agent therefore and make such arrangements as the
Company is its sole discretion considers appropriate for the future servicing of the
policies. During the thirty (30) day notice period (or until such earlier time as the Agent
provides the notice contemplated by this provision), the Company may renew or non-
renew such of the policies as it considers appropriate in its sole discretion.
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Termination of Agreement. Notwithstanding anything contained in Paragraph A above,
in the event of termination of this agreement, if the Agent has not then properly accounted
for and paid all premiums to the company for which the Agent is liable, the use and control
of such expirations including all right, title, and interest in and to the records thereof shall
be vested in the Company as of the date of such termination. In the exercise of its right to
collect any indebtedness due from the Agent through use and control of such expirations,
the Company shall use reasonable business judgment in selling such expirations and
shall be accountable to the Agent for any sums received which, net of expenses, exceed
the amount of indebtedness. The Agent shall remain liable for the excess of the
indebtedness over the sums received by the Company. Any indebtedness due from the
Agent shall not prevent application of the ownership of expirations clause in favor of the
Agent if the Agent furnishes collateral security acceptable to the Company in the amount
of such indebtedness to be held by the Company until the indebtedness is satisfied. A
difference of opinion with respect to balances owed by the Agent does not constitute a
failure to pay and does not have the effect of vesting title to expirations in the Company.
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Contractual Renewal Guarantees. Nothing in this section shall interfere with the
company’s obligation to renew policies containing contractual renewal guarantees or which
must be renewed pursuant to state law, regulation, or by order of government authority, and
the agent shall be entitled to receive commissions on such policies at the prevailing rate of
commission then in effect. The Company’s obligation to renew for reasons set forth in this
paragraph shall not in any other way alter or interfere with the Agent’s ownership of
expirations as provided in this section.
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Termination
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Termination without Cause. This Agreement may be terminated without cause by either
party upon sixty (60) days advance written notice.
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Termination with Cause. This Agreement may be terminated for cause pursuant to the
following provisions:
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Breach. If either party fails to discharge any its duties or obligations
hereunder and, after the breaching party is given written notice of such failure
to discharge said duties and obligations and such failure is not cured within
thirty (30) days of the date of such notice, then this Agreement may be
terminated as of the expiration of the cure period.
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Agent’s Failure to Pay. In the event the Agent is delinquent in either
accounting or payment of monies due the Company, the Company may, by
written notice to the Agent, immediately, without further notice, terminate the
Agreement. Any costs incurred by the Company to collect monies owed the
Company, including, not limited to attorney’s fees, collection agency fees, and
all related costs for trial and any appeal, shall be paid by the Agent.
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Certain Events. Either party may terminate this Agreement immediately upon
written notice to other party should (i) the other party voluntarily commence any
type of proceeding seeking appointment of a trustee, receiver, liquidator,
custodian, conservator or similar official of all or any substantial part of its
property; (ii) should an involuntary or voluntary bankruptcy case or other
proceeding be commenced against the other party, and should the other party
consent to any relief requested or, if any relief requested is not stayed or
discharged within sixty (60) days; (iii), the other party make any general
assignment for the benefit of creditors or fail generally to pay its debts as they
become due; (iv) any judgment rendered against the other party remain
unsatisfied for thirty (30) days or more without having been bonded by an
authorized surety company admitted in the jurisdiction where the judgment is
entered; (v) Agent be convicted of, or plead guilty or no contest to a felony or a
crime involving moral turpitude, or fail to maintain all necessary licenses.
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Change in Control or Ownership. Agent shall provide the Company with
fifteen (15) days written notice of said Agent’s intent to sell their agency. Upon
change in control of the Agency for which the Agent works, whether a single
transaction or a series of transactions, this Agreement shall immediately
terminate and the Company shall retain the right to examine and evaluate a
new Agency Company Agreement with the Agent. A change in control shall
include, but not limited to, (i) if the Agency is a corporation, a sale or transfer of
a majority of the issued and outstanding stock of the Agent; (ii) if the Agency is
a proprietorship or partnership; (iii) a sale of the Agency assets used in the
Agent’s insurance business; (iv) a sale of the Agent’s insurance business; or
(v) a sale of all or a portion of the Agency’s insurance book.
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Regulatory Termination. This Agreement shall terminate concurrently with
the termination by any insurance regulatory body of the authority of the
Company, or the Agent to act in accordance with the terms and conditions of
this agreement.
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Death. Death of the Agent, if the Agent is an individual.
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Abandonment, Fraud, or Misconduct by Agent. Immediately upon any
party giving written notice to the other party, in the event of abandonment,
fraud, material breach of contract, gross or willful misconduct or bad faith on
the part of a party. Gross or willful misconduct shall include, but not be limited
to, (i) the failure of the Agent to pay any funds owing to the Company for any
reason within ten (10) days after a request has been made by the Company;
(ii) the misdirection or misappropriation of the funds or property of the
Company by the Agent;(iii) the delegation or attempted delegation of any of the
Agent’s obligations and/or assignment or attempted assignment of any of the
Agent’s rights under this Agreement without the prior written consent of the
Company;
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Rights Upon Termination
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Termination of Agent’s Authority. Except as otherwise provided herein, upon
expiration or termination of this Agreement, all powers and authority of the Agent shall
terminate immediately. However, if this Agreement is terminated as provided in
Subsection X.A, immediately upon notification to the Agent of such termination, the
Agent’s authority granted under Subsection II.A is, and shall be deemed, revoked. The
Agent, upon expiration or termination of this Agreement, shall not represent the Company
or SafePoint, or have any power or authority to bind and may only submit applications and
requests for endorsements in writing to the Company for prior approval. The Company
reserves the right to exercise such approval or authorization at its sole discretion.
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Continuing Obligations of Agent. After termination of the Agreement, the Agent shall
perform those duties that the Company in writing directs the Agent to perform at the
Company’s request hereunder prior to termination of this Agreement. The Agent may
continue to countersign endorsements that are sent after the termination to the Agent by
the Company for countersigning; however, the Agent shall not countersign any
endorsements that increase the Company’s or SafePoint’s liability or extend the term of
any insurance policies without written authorization from the Company.
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Non-Renewal of Policies. After the expiration or termination of this Agreement, all
policies of the Agent will continue in force until the normal expiration dates unless the
Company, in compliance with all applicable statutes and regulations, exercises its right to
terminate such policies at an earlier date, The Company will issue the proper non-renewal
notices on all policies subject to the requirements of the law.
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Agent’s Successor
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General. The Agent may not assign or transfer the Agent’s interest in this Agreement,
whether voluntary, involuntary, by act of law or otherwise, except as set forth in this
Section XII. The Agent’s interest in this Agreement may be assigned to the Agent’s
successor or successors provided that the Company consents in writing to such
assignment and that such successor or successors then meet the Company’s
requirements for appointment and agree to comply with the terms thereof. The Company
is under no obligation to appoint the Agent’s successor or successors.
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Confidentiality

Confidential Information. The term “Confidential Information” shall mean this Agreement,
the Company Documents, and all data, trade secrets, business information and other
information of any kind whatsoever that a party (“Discloser”) discloses, in writing, orally,
visually, or in any other medium, to the other party (“Recipient”) or to which Recipient
obtains access and that relates to Discloser or, in the case of Company as Discloser, to
Agent or its customers, employees, third-party vendors or licensors. Confidential
Information includes information received or produced by a party about the usage of Agent’s
services by its customers and other consumers using its services and about their accounts
(“Customer Information”). The obligations of this Section XIII shall not apply to information
that (i) Recipient rightfully has in its possession when disclosed to it, free of obligation to
Discloser to maintain its confidentiality; (ii) Recipient independently develops without
access to Discloser’s Confidential Information; (iii) is or becomes known to the public other
than by breach of this Section XIII; or (iv) is rightfully received by Recipient from a third party
without the obligation of confidentiality.

Disclosure. Recipient shall not, and will cause its employees, officers, directors or agents,
consultants, affiliates, and independent contractors to not disclose Confidential Information,
including Customer Information, during or after the Term of this Agreement, other than on
a “need to know” basis and then only: (i) to affiliates of Discloser; (ii) to Recipient’s
employees or officers; (iii) to affiliates of Recipient, its independent contractors, agents, and
consultants, provided that all such persons are subject to a written confidentiality agreement
that shall be no less restrictive than the provisions of this Section XIII; (iv) pursuant to the
exceptions set forth in 15 U.S.C. 6802(e) and accompanying regulations, which disclosures
are made in the ordinary course of business; and (v) as required by law or as otherwise
expressly permitted by this Agreement. Recipient shall not use or disclose Confidential
Information of the other party for any purpose other than to carry out this Agreement.
Recipient shall treat Confidential Information of the Discloser with no less care than it
employs for its own confidential information of a similar nature that it does not wish to
disclose, publish, or disseminate, but not less than a reasonable level of care. Upon
expiration or termination of this Agreement, Recipient shall promptly return to Discloser all
Confidential Information of the Discloser in the possession of Recipient, subject to and in
accordance with the terms and conditions of this Agreement. The Recipient agrees that
Confidential Information shall remain confidential and shall not be used or disclosed to any
third party other than to perform the business of insurance as permitted by law and pursuant
to this Agreement.

Notification. Recipient shall notify Discloser of any actual or threatened requirement of
law to disclose Confidential Information promptly upon receiving actual knowledge thereof
and shall cooperate with Discloser’s reasonable, lawful efforts to resist, limit, or delay
disclosure. Such requirements shall include, but are not limited to, requests or demands
for Confidential Information by bank or insurance examiners and regulators, or courts of
competent jurisdiction.

Breach. As a breach of this Section XIII would cause the non-breaching party irreparable
harm and injury, the non-breaching party may seek injunctive relief for any violation or
breach of this Section XIII. This Section XIII shall survive termination or expiration of this
Agreement.
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Additional Provisions
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Solicitations. The Company reserves the right to mail or deliver to any policyholder
offers or solicitations that would enable the policyholder, upon application and payment of
premium, to add one or more supplemental coverages to their policy as mutually agreed
to by the Agent and the Company. Any premium generated by such offers shall be
credited to the Agent in accordance with the commission schedule attached hereto as
may be amended from time to time, provided that the Agent holds appropriate licenses
and appointments for the lines of business transacted.
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Integration. This Agreement represents the entire understanding of the parties with
respect to the subject matter hereof, and supersedes and terminates any prior or
contemporaneous agreements, whether written or oral, in which the Agent and the
Company are parties, except that commissions earned under any prior agreements will
continue to be paid. Agent will perform all acts proper to continue and service insurance
written under any previous agreement and renewal of any business previously written
under such agreement shall be deemed renewals under this Agreement.
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Agent Expenses. The Company shall not be responsible for any costs or expenses
incurred by Agent, whether on the Agent’s own behalf or on the Company’s behalf, unless
such costs or expenses are approved in advance and in writing by the Company.
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Acts and Omissions. Agent acknowledges and agrees that Agent is fully responsible for
the acts and omissions of all persons, whether licensed or unlicensed, whom Agent
employs, retains, or allows to transact or assist in the transacting of insurance under this
Agreement as if those acts or omissions were those of the Agent.
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Schedules and Addendums. All schedules, addendums of any kind or attachments to
this Agreement shall be made part of this Agreement and shall be subject to all terms and
conditions of this Agreement.
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Savings Provision. In the event any provision of this Agreement is adjudged to be
unenforceable, all remaining provisions shall continue in full force and effect.
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Notice. Any and all notices, designations, consents, offers, acceptances, or any other
communication provided for herein, shall be given in writing by certified mail, hand
delivery, express overnight courier, facsimile or electronic transmission. All
correspondence to the Agent will be sent to the latest address the Company has on file.
Notices to the Company should be sent to:
SafePoint MGA, LLC
12640 Telecom Dr.
Tampa, FL 33637
IN WITNESS WHEREOF, the parties have executed or caused this Agreement to be duly executed by
their corporate officers on the dates as indicated hereafter.
PRODUCT LINE AND COMMISSION SCHEDULE
Effective Date of Schedule:
June 22, 2023
Subject to the terms and conditions of this Agreement and the Company Documents, the parties
agree as follows:
The Company grants authority to Agent to solicit the following type(s) of insurance for business to
be written in connection with this Agreement:
Homeowners Multi-Peril & Dwelling Fire Insurance to be issued by SafePoint Insurance Company
in the State of Alabama.
COMMISSION SCHEDULE
As full compensation for Agent’s writing of insurance as authorized by this Agreement, Company shall pay
Commission to Agent in accordance with the following Commission Schedule.
PRODUCT LINE COMMISSION RATE
Payable on Net Direct Written Premium*
HO3, HO4, HO6, (SEE BELOW) on policies as defined and
& Dwelling Fire (DP3, DP1) required by the Company’s Policy Program
Manual.
*For purposes of this Agreement, Net Direct Premium means gross direct premium on new
policies, renewal policies and endorsements, excluding fees, assessment and surcharges, less
all premium refunds and returns to policyholders from cancellations and endorsements.
AUTHORIZED TERRITORY: Risks located within the State of Alabama
Commission payable on collected net direct premium under this contract applies as provided
below:
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Homeowners
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13% New
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13% Renewal
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Dwelling Fire
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13% New
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13% Renewal
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Schedule “B”
INTERNET AND PASSWORD AGREEMENT
This Schedule “B” is attached to and by reference made a part of the Agency Company Agreement
(“Agreement”) between SafePoint MGA, LLC (“Company”), and
(“Agent”). This Schedule is effective as of the Effective
Date of the Agreement.
It is mutually understood and agreed as follows:
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Agent acknowledges and is aware that it provided with limited access to certain websites and
web-based systems owned and/or operated by the Company and/or SafePoint Insurance
Company. Agent’s access to any such websites and web-based systems shall be limited to
the ability to view all business written by the Agent pursuant to this Agreement. Agent’s
password for such website shall be determined once this Agreement is in effect.
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Agent shall only permit licensed and appointed employees, to utilize such internet services.
Agent represents and warrants that each employee is a licensed and appointed agent or
customer service representative.
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Agent shall be responsible to supervise all employees in order to ensure full compliance with
the terms of this Agreement, including Schedule B.
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Agent shall be, and shall ensure that all employees are in compliance with all terms and
conditions that may be established from time to time by the Company and/or SafePoint
Insurance Company for the use of any internet services.