AMENDED AARP PROGRAM AGENCY ADDENDUM

Transcription

1 AMENDED AARP PROGRAM AGENCY ADDENDUM This Amended AARP Program Agency Addendum ( Addendum ) amends and restates the AARP Program Agency Addendum to the Agency Agreement (together with all amendments and addenda thereto, herein the Agency Agreement ), by and between the companies of The Hartford Financial Services Group, Inc. named in the Agency Agreement (referred to as Hartford herein) and the Agent named in the Agency Agreement ( Agent ) with respect to the solicitation and sale of the AARP Automobile and Homeowner Insurance Program insurance products ( AARP Products ) to members of AARP ( Members ). A. Hartford and AARP Services, Inc. ( ASI ) have agreed to establish an agent-channel program whereby AARP Products are made available to Members through agents and whereby AARP licenses its name to Hartford for the marketing and branding of AARP Products through Hartford agents ( Program ). B. Hartford desires to authorize Agent and those individual producers now or hereafter in Agent s employ or otherwise engaged to represent Agent who are licensed to sell personal lines and meet the requirements set forth in this Addendum ( Producers ) to represent the Program and solicit applications from Members for such AARP Products as are available from the Program, and Agent desires to accept such authorization, subject to the terms and conditions set forth in this Addendum. C. The parties acknowledge and agree that AARP shall be a third-party beneficiary of this Addendum and shall receive the benefits contemplated by this Addendum to the extent specified herein. In consideration of the foregoing and the mutual promises and covenants contained herein, Hartford and Agent hereby agree that Agent and the Producers are authorized to represent the Program and solicit applications from Members for such AARP Products as are available from the Program as follows: AGREEMENT 1. Definitions. Unless otherwise defined in this Addendum, all capitalized terms contained in this Addendum have the same meanings assigned to such terms in the Agency Agreement. AARP is defined to include ASI, AARP and their affiliates, as applicable. 2. Acknowledgement. Agent hereby acknowledges the importance of AARP s reputation with Members and the community. Therefore, in connection with its authorization by Hartford to solicit applications for AARP Products, Agent hereby also acknowledges the important interests of AARP in the services provided to Members. Amended AARP Program _1

2 3. Program Code of Ethics. Agent agrees to comply with and adhere to the principles and obligations set forth in the Program Code of Ethics for Independent Agents attached hereto as Schedule A. Agent further agrees to take commercially reasonable measures to ensure that the Producers comply with and adhere to the principles and obligations set forth in Schedule A. 4. Agent Criteria. (a) Training. Agent agrees that when any training is launched for any new or existing AARP Product, Agent and Producers must successfully complete such training within 60 days of (i) such training first being made available, or (ii) the date of hire in the case of any individual producer hired by Agent after such training is first made available. Agent and Producers shall also successfully complete, on an annual basis, any orientation or other training developed by Hartford and/or AARP, including gerontology training developed and offered by Hartford and/or AARP. Agent s failure to successfully complete such training in the required time period may result in the immediate termination of this Addendum. Producers who fail to complete the above mentioned training requirements may also be terminated from the Program on an individual basis. (b) Community Service. Agent agrees that it shall demonstrate an annual commitment to community service in a manner mutually agreeable to Agent and Hartford. (c) Participation Criteria and Background Checks. (1) Licensing. To Agent s best knowledge and belief, Agent represents that Agent and Producers are properly licensed in all states in which Agent and Producers are authorized to write and place AARP Products and that each Producer has a minimum of three (3) years experience selling property & casualty insurance or otherwise has demonstrated competence selling such insurance to the satisfaction of Agent. At Hartford s request, Agent shall provide proof of a valid insurance agent license for all AARP Products sold and/or the demonstrated competence requirement. (2) Disciplinary History. To Agent s best knowledge and belief, Agent represents and warrants that Agent and each of the Producers: (i) has not been the subject of a justified customer complaint, as determined in the sole discretion of Hartford, in the last five (5) years that alleges violations of any applicable federal or state law, rule or regulation, or the principles set forth in the Program Code of Ethics for Independent Agents attached as Schedule A to this Addendum or any of the prohibited marketing and selling behaviors set forth in the Program Sales Practices Guidelines for Independent Agents attached as Schedule B to this Addendum. Agent acknowledges that justified complaints during the term of this Addendum may result in the immediate termination of Agent s authorization to solicit and/or service Members. Amended AARP Program _1

3 (ii) has not had any license(s) revoked in any state within the past five (5) years due to disciplinary violations relating to the promotion, marketing, sale or solicitation of any insurance or other financial products. (iii) has informed Hartford of any insurance regulatory authority investigations or examinations with respect to Agent or any company or organization under the control of Agent during the past five (5) years in any state. (iv) has not been found in violation of any insurance laws and is not the subject of any lawsuits related to insurance sales activities (v) has not been subject to censure, fines, or enforcement actions of, and is not the subject of any inquiry by, the Securities and Exchange Commission, the National Association of Securities Dealers, Inc., the Financial Industry Regulatory Authority, the New York Stock Exchange, or any state securities regulatory authorities with regard to any rules subject to their jurisdiction. Agent agrees to immediately notify Hartford of any such lawsuits or inquiries, as well as any notice of any such lawsuits or inquiries. (vi) has not been convicted of any felonies. (vii) has not been convicted of any misdemeanor involving fraud, breach of trust, coercion, or dishonesty. (3) General Commitments. To Agent s best knowledge and belief, Agent represents and warrants that Agent and each of the Producers: (i) has no undisputed outstanding balances which any insurance company or other creditor has placed in collections or otherwise declared past due. (ii) agrees to undergo periodic credit and criminal history checks conducted by Hartford, as determined by Hartford. (iii) solicits personal lines applications only of insurance products issued by insurers with A.M. Best ratings of B+ or better, except where risks are commonly placed with insurers with lesser ratings due to market conditions. (iv) has access to an office or other mutually agreed to location that is not Agent s residence for purposes of meeting to discuss insurance products at Member s request. Amended AARP Program _1

4 (v) has an individual agency address and individual login credentials for accessing The Hartford s Electronic Business Center ( EBC ). (4) Authorization. Agent acknowledges and agrees that Agent and each Producer shall be screened for and shall meet all of the Participation Criteria and Background Checks set forth in Section 4(c) of the Addendum prior to receiving the authorization to represent the Program set forth herein. If Agent or any Producer fails to meet any of these requirements, Hartford may immediately terminate this Addendum and any authority granted herein. At Hartford s discretion, Hartford may instead immediately deauthorize an individual Producer or Producers authority under this Addendum. (5) Continuing Compliance. Agent is in compliance with all the requirements in this Section 4, and agrees to continue to comply with all such requirements. Further, Agent represents that each Producer is in compliance with all the requirements in this Section 4 and shall continue to comply with all such requirements. Agent has an affirmative obligation to notify Hartford if Agent or any Producer no longer meets these requirements. In addition, Agent shall cooperate with Hartford to verify Agent s and Producers ongoing compliance with these requirements as requested periodically by Hartford. Agent must notify Hartford of any Producers assigned by Agent to represent the Program after execution of this Addendum, within thirty (30) days of such assignment or such other time frame established by Hartford, and on an annual basis thereafter, and shall cooperate with Hartford to verify that any such Producers continue to comply with all the requirements in this Section 4. Agent shall cooperate with Hartford to verify Agent s and each Producer s ongoing compliance with the terms and conditions of this Addendum and further agrees to provide Hartford with a periodic certification regarding the continued compliance of Agent and each Producer, including the representations and warranties of Agent made herein, in the form set forth on Exhibit 1 upon Hartford s request (d) Audit. Hartford shall be permitted to take any actions necessary to monitor compliance with the items specified in Sections 4(a), 4(b) and 4(c) above. Agent agrees to immediately notify Hartford in writing if Agent or any Producer is not compliant with any of such Sections at any time during the term of this Addendum, which may result in termination of this Addendum. 5. Use of AARP Marks, Names and Offices. (a) AARP Marks and Names. Agent agrees not to develop, reproduce or use any sales materials or other materials for the AARP Products without the written consent of Hartford. Except for the marketing materials for the AARP Products that are provided to Agent by Hartford, Agent also agrees not to use or duplicate the name, trademark, or logo of AARP in any way or manner. Agent agrees not to access AARP s public website or member services to obtain any marketing materials to be given directly to customers. The restrictions on sales materials included in this Section 5 include, but are not limited to, the following material: enrollment Amended AARP Program _1

5 materials, business cards, Internet communications or any other electronic transmissions representing AARP Products, telephone or other direct advertisements (print or electronic), producer or agency company listings and signage. (b) AARP Offices. Agent and the Producers shall not use any AARP state offices or local chapters for the sale of Products. If Agent or a Producer wants to participate in local chapter activities for the sale of Products, Agent shall obtain prior written approval from AARP and Hartford. 6. Program Sales Practice Obligations. Agent agrees that in connection with offering AARP Products, Agent will comply at all times with the Program Sales Practice Guidelines for Independent Agents provided in Schedule B of this Addendum, as well as any other rules, procedures and policies communicated to Agent in writing by Hartford, as they relate to AARP Products. Agent further agrees to adopt and take commercially reasonable steps to ensure that the Producers comply with such rules, procedures and policies within a time which shall not exceed ten (10) business days following notification. Agent will not share commissions earned on AARP Products with any person, except as may be permitted under the Agency Agreement, and will not subcontract the marketing of the AARP Products for or through any other distribution channel. 7. Special Insurance Transaction Processing Rules. (a) AARP Products Requiring AARP Membership. With respect to those Products that require AARP membership, Agent agrees to verify the customer s membership with AARP. The verification must occur through the agent web portal (myaarpconnection.com). Agent may call The Hartford s Electronic Business Center ( EBC ) technical support help line for assistance. AARP membership dues must be paid separately by the customer and may not be paid directly or indirectly by Agent. (b) AARP Member Leads Supplied to Agent by Hartford. If Agent accepts any leads supplied regarding Members, Agent agrees to follow all Hartford-directed guidelines associated with those leads. Such guidelines may include, but are not limited to, (i) time to respond to a lead, (ii) number of attempts required, (iii) feedback to Hartford on lead progress, meetings or other product sales, or (iv) time to return the lead to Hartford on unsuccessful contact. 8. Ownership of Expirations. (a) Ownership of Expirations. Subject to Sections 8(b) and 8(c), if upon termination of this Addendum, Agent has (i) not materially breached the terms of this Addendum or the Agency Agreement; and (ii) promptly accounted for and paid to Hartford all premiums and other amounts that may be due Hartford or for which Agent may be liable, or has given Hartford a bond satisfactory to Hartford guaranteeing the payment thereof, Agent s records and the use and control of expirations shall remain Agent s property and be left in Agent s undisturbed possession. Notwithstanding the preceding, any Member policies not placed with another carrier prior to the expiration of the contractual and/or applicable statutory renewal period of such Member policy shall be renewed with Hartford and immediately transferred to an internal Amended AARP Program _1

6 Hartford code upon such renewal. No commissions or other compensation will be due to Agent for any Member policies transferred to an internal Hartford code under this section. (b) Purchase or Transfer to Another Agency/Producer. Prior to any attempted transfer of Member policies to another agency or producer via sale, merger, or any other means or transaction, Agent will obtain the written consent of Hartford to execute such transfer. Member policies will only be transferred to appointed Hartford agents that are authorized to represent the Program and market AARP Products at the time of transfer. In the event of an attempted transfer of Member policies in violation of this section 8(b), this Addendum will immediately terminate, and the Agent s records and the use and control of Member expirations shall vest in Hartford. Within thirty (30) days of termination of this Addendum under this section, Hartford will notify Program policyholders that Agent s Authority to represent the Program and market AARP products has been terminated and that Hartford will service their policies going forward. For each such policy transferred to Hartford, Hartford shall pay Agent the commission owed for such Member s Program policy through the policy term during which this Addendum was terminated. No further commissions or other compensation will be due to Agent for such expiration. It will be the responsibility of the selling Agent to inform the purchasing agent of the terms of this section 8(b). (c) Termination Due to Fraud. Agent agrees that upon termination of this Addendum and/or Agency Agreement due to fraud or commission of a felony, Agent s records and the use and control of Member expirations shall vest in Hartford. Within thirty (30) days of termination of this Addendum under this section, Hartford will notify Program policyholders that Agent s authority to represent the Program and market AARP products has been terminated, and Hartford will service their policies going forward. No commissions or other compensation will be due to Agent for Member expirations if the Addendum and/or Agency Agreement are terminated under this section 8(c). (d) Dispute. For purposes of this Section, Agent will not be considered in breach of its obligation to account for and pay to Hartford premiums or other amounts due Hartford, while the amount thereof is being reasonably disputed in writing and in good faith, provided Agent has promptly accounted for and paid to Hartford all items not in dispute. (e) All terms and provisions of this section shall survive termination of both this Addendum and the Agency Agreement. 9. Access to Books and Records of Agent/Compliance Review and Audit. Agent acknowledges and agrees that Hartford or its representative may conduct reviews and audits of Agent s books, records and sales practices relating to the solicitation of the AARP Products to ensure that Agent is performing in compliance with the terms and conditions of this Addendum. Such reviews and audits shall take place upon reasonable notice during normal business hours and may include follow-up calls with Members, other Member surveys, investigation of Member complaints regarding Agent, and mystery shopping. Amended AARP Program _1

7 10. Errors and Omissions Insurance. (a) Agent shall maintain the following liability insurance against claims for damages based on Agent s actual or alleged errors or omissions under the following terms: (1) Errors and Omissions Insurance in an amount of not less that one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) annual aggregate amount; (2) If Agent has a claims-made based policy and such policy is cancelled or not renewed, Agent agrees to exercise any option contained in said policy to extend the reporting period to the maximum period permitted; provided, however, that Agent need not exercise such option if the superseding insurer will accept all prior claims; (3) Each insurance policy of Agent shall: (i) be issued by a company that is an admitted insurer in the jurisdiction in which the services or products are being provided; (ii) be issued by a company that has an A.M. Best rating of not less than A- and is in a size category which is not lower than VIII; and (iii) be primary and noncontributory with any of Hartford s insurance. (b) Upon request of Hartford, Agent shall cause its insurance carriers, brokers or agents to issue certificates of insurance to Hartford evidencing all insurance coverage required by this Section. Notwithstanding any other provision of this Addendum, failure to provide the certificates of insurance may be grounds for immediate termination of this Addendum. (c) Agent agrees to provide Hartford with thirty (30) days prior written notice of cancellation, non-renewal or material change in the form or limits of coverage of any such insurance policy. (d) Nothing in this Section is intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Agent under the Agency Agreement. 11. Indemnification. (a) Agent shall indemnify, defend and hold AARP and its subsidiaries harmless from and against any loss, damage, or expense, including reasonable attorneys fees, caused by or arising from Agent s or its Producers gross negligence, willful misconduct, or material breach with respect to Agent s and its Producers obligations under this Addendum. (b) Agent and Hartford understand and agree that AARP and its subsidiaries are third party beneficiaries to this Addendum. Amended AARP Program _1

8 (c) All terms and provisions of this section shall survive termination of both this Addendum and the Agency Agreement. 12. Relationship to AARP; No Joint Venture with AARP. Agent acknowledges and agrees that in no way is Agent sponsored or certified by AARP under the Agency Agreement, including this Addendum. Agent further acknowledges and agrees that AARP has no contractual relationship with Agent under the Agency Agreement (except to the extent that AARP is deemed by the parties to be a third party beneficiary under this Addendum), and that Agent is not a contractor to or employee of AARP. 13. Termination of Agent Authority to Offer AARP Program. (a) Hartford reserves the right to suspend and/or terminate Agent s authority to offer the AARP Products immediately upon written notice to Agent. Except as otherwise provided in Section 8 of this Addendum, in the event Agent s authority to offer the AARP Products is terminated, but the Agency Agreement remains in force, the use, control, and ownership of Member expirations shall be vested in Agent. 14. Upon Termination. (a) Agreement. This Addendum terminates immediately upon the termination of the Agency (b) Upon termination of this Addendum, or sooner if requested by Hartford, Agent will immediately cease using, and destroy or return to Hartford (at the option of Hartford) any and all sales material, sales literature, signage, collateral materials, documents, data, information, order forms, memoranda, correspondence, Member and prospective Member lists (obtained from Hartford), Member orders, records, cards or notes acquired, compiled or coming into Agent s knowledge, possession, custody or control in connection with his/her activities as a sales agent/producer or sales representative of Hartford related to Members. Agent agrees that in connection with such termination, if Agent has listed Agent s phone number or address with the AARP mark or brand in the yellow pages or other materials that cannot be immediately withdrawn from the public, that Agent will discontinue use of that contact information. 15. Construction. This Addendum is intended to supplement and be in addition to the terms and conditions contained in the Agency Agreement. However, in the event that one or more provisions of this Addendum is in direct conflict with or is otherwise inconsistent with the provisions of the Agency Agreement, the provisions of this Addendum shall govern. 16. Dispute Resolution. The parties shall attempt in good faith to resolve any disputes arising out of or relating to this Addendum promptly by negotiation between representatives who have authority to settle the controversy. [Intentionally Blank Signature Page Follows] Amended AARP Program _1

9 This Addendum is executed on behalf of the property and casualty insurance company subsidiaries of THE HARTFORD FINANCIAL SERVICES GROUP, INC. for which appointments were or will be filed. By: Celeste Neilsen Director Licensing & Contracting The Agent named in the Agency Agreement hereby accepts and agrees to all of the terms in the AARP Program Agency Addendum, including all schedules and exhibits hereto. Amended AARP Program _1

10 SCHEDULE A Program Code of Ethics for Independent Agents This Program Code of Ethics for Independent Agents ( Program Code of Ethics ) was developed to ensure that agents soliciting applications for AARP Products have a clear understanding of their moral and ethical responsibilities during every interaction with Members. No statement of policy can be so comprehensive that it covers all possible situations. For this reason, Agents must exercise professional judgment with respect to each work situation that arises, and seek advice when uncertainty or difficult questions remain. Agents are expected to comply with both the letter and the spirit of this Program Code of Ethics. Violations of this Program Code of Ethics may be grounds for disciplinary action by Hartford, including termination of Agent s rights to solicit applications for the AARP Products. Principles: An Agent shall Approach every interaction with integrity To have integrity is to be fair, objective, and straightforward in all interactions. You are open, honest, and truthful; there are no hidden motives or secret agendas. Put Members first A Members-first philosophy is a guiding principle that should influence every decision you make. This philosophy may lead you to suggest that a Member takes a few days to review materials before arriving at a decision. Other times, it may be in the Member s best interest to select a product that is not branded by AARP, Hartford or partners of Hartford. Making sure that Members have the opportunity to buy the product that is right for them is paramount. Stay informed You are knowledgeable about every product you sell and how different products meet different needs. You explain the benefits of products in plain language and appropriate detail so that Members completely understand each product. You display a continuous commitment to lifelong learning and professional improvement. Display a commitment to the community By marketing AARP Products you agree that you are committed to the community. Working closely with community partners, you may join local teams of volunteers to perform community service. Amended AARP Program Agency Addendum ( 06/2014) Schedule A _1

11 SCHEDULE B Program Sales Practice Guidelines for Independent Agents Prohibited Marketing and Selling Behaviors 1. Activities which are unfairly discriminatory in nature or intended to discourage application on the basis of race, physical or mental ability, ethnicity, gender, sexual orientation, creed, age, religion or national origin, cultural educational background, economic or health status, English proficiency, or reading skills. 2. Activities that mislead or confuse Members or which misrepresent or disparage AARP or Hartford. Such activities may include, but are not limited to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) Claiming that AARP is endorsed by the United States Government. Making erroneous written or verbal statements, including statements, claims or promises that conflict with or materially alter information contained in approved sales materials. Claiming that AARP endorses any other product in the Member s personal portfolio. Claiming that because an AARP Product is endorsed by AARP, the Member does not need to review the AARP Product further. Claiming that AARP endorses Agent as an agent, and that a recommendation from Agent is recommendation from AARP. Offering gifts or payments directly or indirectly to beneficiaries or any individual in a position to influence the purchase of an AARP Product, as an inducement to influence the purchase of an AARP Product Door-to-door solicitations. Cold-calls. Altering or amending, in any fashion, AARP-approved materials. Submitting fraudulent enrollment forms, or forging any enrollment form or supporting documentation. Selling leads. Soliciting insurance from Members who are not competent to make decisions regarding the purchase of AARP Products. Soliciting insurance from Members who are clearly not competent shall only take place when such Members are accompanied by appropriate representation. Amended AARP Program Schedule B _1

12 (m) (n) Bait and switch activities or other fraudulent behaviors, including, but not limited to, overselling, churning, and sliding unnecessary additional policies. Aggressive selling techniques or ignoring Member needs. Required Selling Behaviors 1. Agent will understand a Member s unique needs and only sell a product if it fits that individual s needs. 2. If another product is more appropriate for a Member, Agent will sell that non-aarp product if available. 3. Agent will make a best effort to ensure that Members fully understand their options and the features of the products they purchase. 4. Agent will only offer and sell personal lines insurance products issued by insurers with AM Best ratings of B+ or better, except where risks are commonly placed with insurers with lesser ratings due to market conditions. Amended AARP Program Schedule B _1

13 EXHIBIT 1 Agent Re-Certification to be Completed Periodically [name of agent] ( Agent ) is subject to the Addendum to the Agency Agreement. The undersigned is authorized to execute this certification on behalf of Agent, as required under Section 4(c)(5) of the Addendum. Following a commercially reasonable inquiry, and to my best knowledge and belief, I hereby certify to Hartford on behalf of Agent as follows: 1. Program Code of Ethics Compliance. At all times since executing the Addendum or since my prior re-certification] ( Compliance Period ), Agent and Producers complied with and adhered to the Program Code of Ethics for Independent Agents set forth in Schedule A to the Addendum. 2. Errors and Omissions Insurance. At all times during the Compliance Period, Agent maintained errors and omissions insurance as required by Section 10 of the Addendum. 3. Producers. Agent has notified Hartford of all Producers assigned by Agent to represent the Program and solicit applications from Members for AARP Products within thirty days of such assignment or such other time frame established by Hartford. Agent further represents that all such Producers had a minimum of three (3) years experience or has otherwise demonstrated competence to sell such insurance. 4. Training. During the Compliance Period, Agent and Producers completed the training required by Section 4(a) of the Addendum. 5. Participation Criteria and Background Checks. The representations and warranties contained in Section 4(c) of the Addendum are true and correct as of the date hereof as if made on and as of the date hereof. 6. Access to an Office. Agent and Producers have access to an office or other mutually agreed upon location that is not a residence if Members wish to meet at an office. 7. Community Service. During the Compliance Period, Agent and Producers complied with the community service requirements of Section 4(b) of the Addendum. 8. Use of AARP Marks, Names and Offices. At all times during the Compliance Period, Agent and Producers complied with the restrictions related to sales materials, AARP state offices and local chapters, and use of official materials contained in Section 5 of the Addendum. AARP Program Agency Addendum (01/10 - Final) Exhibit _1

14 9. Program Sales Practice Obligations. At all times during the Compliance Period, Agent and Producers complied with the Program Sales Practice Guidelines for Independent Agents provided in Schedule B to the Addendum. 10. Special Insurance Transactions Processing Rules. At all times during the Compliance Period, Agent and Producers complied with the requirements of, and guidelines specified in, Section 7 of the Addendum. 11. Annual Roster of Producers. Each year since executing the Addendum or since my prior re-certification, Agent has provided Hartford a roster of Producers assigned by Agent to represent the Program. Capitalized terms used, but not defined, herein, have the meanings assigned to such terms in the Agency Agreement. IN WITNESS WHEREOF, I have executed this certification on behalf of Agent as required by the AARP Program Agency Addendum as of the date indicated below. Agency Name Date Authorized Representative and Title Printed Name AARP Program Agency Addendum (01/10 - Final) Exhibit _1