This is to Certify that
Your Payment Guardian will be solely responsible for paying approved Unemployment
Claims by members submitted by partner.
WHERE AS, Your Payment Guardian is a
membership plan offering job loss income or payment protection program with access to family benefits to individuals. A copy of the benefits will be given to the partner.
WHERE AS, Partner is duly authorized
to market the JOB LOSS LIFELINE Powered by Your Payment Guardian to qualifying individuals. (W2 full time employed only and ages 18 to 64)
WHERE AS, Your Payment Guardian and Partner
desire to contract with each other to arrange for the JOB LOSS LIFELINE plan to be marketed to
potential enrollees;
THEREFORE, in
consideration of the premises and mutual covenants of this Agreement, Your Payment Guardian and Partner
agree as follows:
DEFINITIONS
For the purposes of this
Agreement:
1.1 “Partner” means the
above-named individual or entity which:
1.2 is approved by Your Payment Guardian to sell the JOB LOSS LIFELINE membership
under this Agreement.
1.3 The Partner appointed by Your Payment Guardian shall be
designated as the Partner of Record.
OBLIGATIONS OF BROKER
2. Authority of Partner:
Upon appointment by YPG, Partner shall be authorized to market membership in the JOB LOSS LIFELINE Powered by Your Payment Guardian to Individuals or groups on their behalf. Partner has no
authority to bind Your Payment Guardian to a coverage arrangement with an Individual or Group,
and all applications are subject to approval by the company being represented
by Partner. Partner is responsible for submitting all monthly enrollment information and monthly premiums due for memberships enrolled through the Partner independently or with Your Payment Guardian Collaboration by the 25th of every month for that month or the previous 30 days from the 25th.
1) The 30-day start-up program is recommended for all partners' previous and current customers and is requested to be fully completed in order to maximize one-time commissions and residual income from this
program.
2) The partner can begin
enrollment for new customers as soon as they receive their marketing information after contracting with Your Payment Guardian and receiving the 30-day start-up program.
OBLIGATIONS OF YPG
3.1 Billing &
Compensations:
A) Based on a $39.70-member monthly premium. Your Payment Guardian will pay partner a one-time commission of $50.00 per enrollment. $25 per month for the first 2 months. Beginning in the 3rd month the partner will receive $5.00 monthly for every active member enrolled through their business. Business submitted by the 25th of the month will be paid on the 15th of the next month for all memberships enrolled by the broker and/or through Your Payment Guardian collaboration.
3.2 Your Payment Guardian will create a branded
enrollment portal at no charge to partner and will maintain this enrollment portal for as long as partner remains a partner. Weekly and/or monthly reports
will be submitted to Partner for all enrollments that enrolled in the program through them and/or our collaboration.
3.3 Change of Partner of
Record. An Individual or Group may change its designated Partner of Record in writing at any
time.
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 Your Payment Guardian without cause, or by Partner with or without cause. Your Payment Guardian shall continue to compensate Partner 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 Your Payment Guardian for cause, No Partner compensation shall be payable
to Partner by Your Payment Guardian following the date of such termination.
4.2.3 For the purpose of
this Agreement “for cause” shall mean default by Partner under any material term of this
Agreement and failure to cure such default within forty-five (45) days after
receipt of written notice from Your Payment Guardian specifying the precise nature of such
default.
4.3 In the event of the
death or total disability of Partner, this Agreement will terminate as of its
next anniversary date. During the remainder of the Agreement term, commissions
will be payable to the Partner’s duly appointed legal representative, estate or
administrator, of his estate, as applicable, upon the presentation of
documentation of such appointment.
4.4 Partner agrees to actively promote enrollment in the Your Payment Guardian program to its eligible customers or members through reasonable and ongoing marketing efforts. If Your Payment Guardian determines that a Partner is using the program primarily to generate additional sales or revenue for its business without making a good-faith effort to promote member enrollment, or if enrollment activity consistently falls materially below reasonable program expectations, Your Payment Guardian may review the Partner’s participation and, if appropriate, remove the program and terminate this Agreement.”
4.5 Partner may market and/or introduce the YPG program to past, current and future customers or members through any current communications methods for voluntary enrollment. Or Partner may request assistance from YPG or follow YPG branded Partner marketing systems to offer voluntary enrollment to past, current and future members or customers.
GENERAL PROVISIONS
Independent Partner. The parties acknowledge and agree that Partner is an
independent party and nothing in this Agreement is intended nor shall be
construed as creating an employer-employee, agent-principal, partnership or
joint venture relationship. Partner will not represent to third parties that
he/she/it is an employee, agent, partner or joint venture of Your Payment Guardian under this
Agreement. Partner will pay in a timely manner all income taxes, FICA taxes and
other taxes relating to compensation
paid by Your Payment Guardian pursuant to this Agreement. Neither Partner nor any of its officers, employees
or agents shall have any claims against Your Payment Guardian or any of its entities for vacation pay, sick leave, retirement benefits
of any kind. Partner understands and agrees that Your Payment Guardian will not hold on behalf of Partner 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 Partner or to make available to Partner any of the
benefits afforded to the employees of Your Payment Guardian.
Indemnification and
Hold Harmless by Partner. Partner shall
hold Your Payment Guardian harmless against any and all claims, liabilities, damages or judgments,
including reasonable attorney’s fees, asserted against, imposed upon and/or
incurred by the Partner that arise out of the acts of errors or omissions by Partner or other persons within their control, in the discharge of his/her/its
responsibilities under this Agreement.
Marketing and Use of
Names and Trademarks. Partner shall
not use the name Your Payment Guardian (YPG), or any trade or service mark
presently existing or hereafter established by Your Payment Guardian except in the manner and
to the extent permitted by Your Payment Guardian.
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 Your Payment Guardian and of which written notification is made to Partner 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 portion 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.
By checking the box below, you agree that you have read and understand this agreement in its entirety.