This is to Certify that Your Payment Guardian will be solely responsible for paying approved Unemployment Claims by members submitted by broker.

WHEREAS, YPG is a membership plan offering benefits to individuals. 

WHEREAS, Broker is duly authorized to market YPG to individuals.

WHEREAS, YPG and Broker desire to contract with each other to arrange for this plan to be marketed to potential enrollees;

THEREFORE, in consideration of the premises and mutual covenants of this Agreement, YPG and Broker agree as follows:

DEFINITIONS

For the purposes of this Agreement:

1.1 “Broker” means the above-named individual or entity which:

1.2  is approved by YPG to sell the membership under this Agreement.

1.3  The Broker appointed by YPG shall be designated as the Broker of Record.

OBLIGATIONS OF BROKER

2. Authority of Broker: Upon appointment by YPG, Broker shall be authorized to market membership in Your Payment Guardian to Individuals that are W2 full time employed ages 18-65 based on annual premium guidelines provided by YPG only. Job Loss Payment Protection Coverage Options are a minimum of $100 to a maximum of $500 monthly in $5 benefit increment options with 2, 3, 4, and 5 year coverage options. Broker agrees not to add to or increase the job loss payment protection premium rates set by YPG to be added into customers loan for job loss payment protection coverage. Broker has no authority to bind YPG to a coverage arrangement with an Individual and all applications are subject to approval by the company being represented by broker. Broker is responsible for submitting all enrollment information and premiums collected through funded loans due for YPG memberships enrolled through the broker weekly. 

OBLIGATIONS OF YPG

3.1 Billing & Compensations: YPG will pay a one time commission of 20% of total 2, 3, 4 or 5 years of annual premiums financed into a customer loan contract by Broker for job loss payment protection coverage. Weekly settlements to YPG from broker are necessary for approved and funded loans that included the job loss payment protection benefits coverage. The broker can retain  20% of the total premium collected per customer enrollment for the job loss payment protection coverage for their one time commission and remit 80% of the premium for enrollments weekly to YPG. 

3.2 YPG will create a branded enrollment portals at no charge to broker and will maintain this enrollment portal for as long as broker remains a broker of YPG. Weekly and or Monthly reports will be submitted to broker for all enrollments that enrolled in the YPG program.

3.3 Change of Broker of Record. An Individual or Group may change its designated Broker of Record in writing at any time with YPG approval.

TERM AND TERMINATION

4.1 Term. The term of this Agreement shall commence on the date it is executed and shall continue in effect through the remainder of the current calendar year. Effective January 1 of each calendar year, the Agreement shall automatically renew unless terminated by either party as provided for in Sections 4.2 hereof.

4.2 Termination. This Agreement may be terminated, with or without cause, by either party to this Agreement upon thirty (30) days written notice to the other party: provided, however, that termination of the Agreement shall be subject to the following provisions:

4.2.1 In the event this Agreement is terminated by YPG without cause, or by Broker with or without cause, YPG shall continue to compensate Broker on existing accounts in accordance with the applicable compensation schedule then in force at the time of payment.

4.2.2 In the event this Agreement is terminated by YPG for cause, no Broker compensation shall be payable to Broker by YPG following the date of such termination.

4.2.3 For the purpose of this Agreement “for cause” shall mean default by Broker under any material term of this Agreement and failure to cure such default within forty-five (45) days after receipt of written notice from YPG specifying the precise nature of such default.

4.3 In the event of the death or total disability of Broker, this Agreement will terminate as of its next anniversary date. During the remainder of the Agreement term, commissions will be payable to the Broker’s duly appointed legal representative, estate or administrator, of his estate, as applicable, upon the presentation of documentation of such appointment.

GENERAL PROVISIONS

Independent Broker. The parties acknowledge and agree that Broker is an independent party and nothing in this Agreement is intended nor shall be construed as creating a employer-employee, agent principal, partnership or joint venture relationship. Broker will not represent to third parties that he/she/it is an employee, agent partner or joint venture of YPG under this Agreement. Broker will pay in a timely manner all income taxes, FICA taxes and other taxes relating to compensation paid by YPG pursuant to this Agreement. Neither Broker or any of its officers, employees or agents shall have any claims against YPG for vacation pay, sick leave, retirement benefits of any kind. Broker understands and agrees that YPG will not hold on behalf of Broker any sums owed for income tax, unemployment insurance, Social Security or any other withholding pursuant to any requirement of any governmental agency or subdivision relating to Broker or to make available to Broker any of the benefits afforded to the employees of YPG.

Indemnification and Hold Harmless by Broker. Broker shall hold YPG harmless against any and all claims, liabilities, damages or judgments, including reasonable attorney’s fee asserted against, imposed upon and/or incurred by the broker that arise out of the acts of errors or omissions by Broker or other persons within their control, in the discharge of his/her/its responsibilities under this Agreement.

Marketing and Use of Names and Trademarks. Broker shall not use the name Your Payment Guardian (YPG), or any trade or service mark presently existing or hereafter established by YPG except in the manner and to the extent permitted by YPG.

Entire Agreement. This Agreement, and any addendum hereto, represents the entire understanding of the parties with respect to the transactions set forth herein, and no representations or warranties have been made in connection with this Agreement other than those expressly set forth or incorporated by reference herein.

This Agreement supersedes all prior negotiations, discussions, correspondence, and communications between the parties relating to the subject matter of this Agreement. No failure on the part of any party hereto to exercise, and no delay in exercising, any right hereunder will operate as a waiver thereof; nor will any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right created by this Agreement.

Amendment. Except as otherwise provided herein, any amendment to this Agreement proposed by YPG and of which written notification is made to Broker at least sixty (60) days prior to the effective date of such amendment shall be deemed adopted unless this Agreement is earlier terminated as provided for in Section 4.2.

Assignment. Either party shall have the right to assign any or all of its rights and responsibilities under this Agreement upon thirty (30) days written notice to the other. To be compensated hereunder, an Assignee must comply with the requisites hereof.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland.

Severability. If any portions of the Agreement, shall for any reason be invalid or unenforceable, such portions shall be ineffective only to the extent of such invalidity or unenforceability, and the remaining portion or portions shall nevertheless be valid, enforceable and of full force and effect.

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