Contract between General Agent of Insurance Company and Independent AgentAgreement made on the ___ day of __________, 20___, between
___________________________ of __________________________________________
(street address, city, county, state, zip code) , referred to herein as Agent, and
___________________________ , Inc., a corporation organized and existing under the
laws of the state of ______________, with its principal office located at ______________________________________________________ (street address, city,
county, state, zip code) , hereinafter referred to as General Agent.
Whereas, General Agent is engaged in the business of selling
___________________________ (designate type or types of insurance such as home
and automobile) insurance (hereinafter called insurance) for
___________________________ , a corporation organized under the laws of the State of
_____________, having its principal office at ________________________________
(street address, city, county, state, zip code) ; and
Whereas, Agent has been engaged in and has had experience in the insurance
business; and
Whereas, Agent is willing to be employed by General Agent as an independent
contractor/agent, and General Agent is willing to employ Agent in such capacity on the
terms as set forth below;
Now, therefore, for the reasons set forth above, and in consideration of the
promises of the parties to this Agreement, and other good and valuable consideration,
receipt of which is acknowledged, the parties agree as follows:
I. Employment
General Agent employs Agent to sell and solicit insurance products of
___________________________ Acme Insurance Company, and Agent shall devote his
or her entire time to the sale and solicitation of such insurance pursuant to this Agreement
and shall not represent any other insurance agency without the written consent of General
Agent.
II. Independent Contractor
Notwithstanding the foregoing, and anything herein to the contrary, Agent shall be
an independent contractor for all purposes. As an independent contractor, Agent has the
right to exercise independent judgment as to time, place, and manner of soliciting
insurance, servicing policyholders, and otherwise carrying out the provisions of this
Agreement.
III. Remittance of Premiums and No Rebate Rule
Agent shall pay over all premiums or advance payments to General Agent as soon
as collected. Rebating in any form, directly or indirectly, is prohibited.
IV. Assignment of TerritoryAgent shall be permitted to solicit business only in the territory assigned by
General Agent. Agent shall not have any exclusive right to any territory assigned under the
provisions of this Agreement, nor shall he or she have any claim to commissions on
business secured by other agents operating in such territory unless Agent and the other
agents have so agreed in writing and a copy of their Agreement shall have been approved
and filed with General Agent.
V. Insurance
General agent will pay for Agent’s errors and omission insurance . General Agent
will also pay for all costs of the insurance rater used by the General Agent in connection
with Agent’s services pursuant to this Agreement.
VI. Salesperson’s Incurring Indebtedness of Liability; When Sales Final Agent shall not incur indebtedness in the name of General Agent, and shall not
sign the name of General Agent to any contract. No sale or contract is binding until
written approval of the underwriting department. Agent shall supply General Agent with a
list of new policies (in a form acceptable to General Agent) on the _____ day of each
month.
VII Commissions Agent shall receive a commission of _____% of the first year's premiums and a
renewal commission of ____% of each payment after the first year. If General Agent shall
for any reason refund any premium on which Agent is entitled to a commission under this
agreement, Agent shall lose all right to commissions on such premium and shall repay to
General Agent on demand the full amount received by him or her on account thereof. Said
commissions will be mailed to Agent’s address set forth above on or before the ____ day
of ___________ each month. No broker fee shall be charged by Agent that exceeds $___________.
VIII. Bonuses A. Percentage of Sales of Agents Sponsored by Agent:
________________________________________________________________________ _______________________________________________________________ (Describe)
B. Exceptions: Notwithstanding Subparagraph A,
________________________________________________________________________________________________________________________________________ (Describe
any exceptions)
IX. Expenses A.Agent shall pay $_______ each year to cover administrative and customer
service cost. This expense will be paid from the commissions of Agent for the month
following the one year anniversary date of this Agreement. If said commissions are
insufficient to make said payment, such insufficiency will be drawn from future
commissions until said amount is paid in full.
B.Agent shall also pay General Agent the sum of $_____________ upon the
execution of this Contract to cover expenses of General Agent in establishing
Agent as an independent agent of General Agent, and to reimburse General Agent in part
for payment of the expenses described in Paragraph V and to pay the expenses of
Agent’s Voice over Internet Protocol.
C.Agent shall be responsible for all of his/her advertising expenses.
X. Assignment of Contract and Purchase of Renewals Agent may purchase the rights to all renewal premiums of a policy or premiums
for replacement policies by paying General Agent ___________________________
(describe formula or set forth dollar amount).
XI. Exclusive Representation Agent will represent General Agent exclusively in the sale and service of
insurance. Such exclusive representation shall mean that Agent will not solicit or write
policies of insurance in companies that are not acceptable to General Agent.
XI. General Conduct and Representation Agent will maintain a good reputation in the community which Agent serves and
will direct all efforts in the field of insurance toward advancing the business and interest of
the General Agent to the best of his/her ability. In the conduct of Agent’s business, Agent
will comply with all applicable insurance laws and regulations.
XII. Cancellation This Agreement shall continue from its effective date until the end of the current
year and shall be automatically renewed thereafter from year to year unless sooner
canceled. This Agreement shall automatically cancel upon the date Agent's license to act
as an Agent for the General Agent is revoked or canceled, or upon Agent's death or
retirement. General Agent may also terminate this Agreement without notice for fraud or
misconduct on the part of Agent or for the failure of Agent to comply with the applicable
insurance laws of the state of __________or with the regulations of the department or
commission of insurance of such state.
XIII. Service to Policyholders upon Cancellation Upon cancellation of this Agreement, the General Agent retains the right to
continue to provide insurance services to any and all customers/policyholders and to
continue to solicit such customers/policyholders for additional business.
XIX Amendments or Modifications Except as otherwise provided in this Agreement, this Agreement may be changed,
altered, or modified only in writing signed by Agent and an officer of the General Agent.
XX. Assignment of Agent’s Rights or Duties
General Agent relies upon Agent's particular personal abilities in carrying out
his/her obligations under this Agreement, therefore, no assignment of Agent's rights,
responsibilities, or any sums due agent under this Agreement shall be made without prior
written consent signed by an officer of the General Agent. Consent to such an assignment
will not be unreasonably withheld.
XXI. Manuals, Forms, and RecordsIn view of the fact that insurance is a closely regulated business, it is understood
that it will be necessary for General Agent to provide Agent with certain pertinent
manuals, forms, records, and such other materials and supplies as are necessary in the
conduct of the business. All such property furnished to Agent by General Agent shall
remain the property of General Agent and be returned to it in good condition upon
cancellation of this Agreement. General Agent may offer to Agent, from time to time,
training, counsel, and guidance based upon General Agent’s accumulated experience in
the sale and servicing of business.
XXII. Arbitration Any dispute under this Agreement shall be required to be resolved by binding
arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party
shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator
so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the
American Arbitration Association then in force and effect.
WITNESS our signatures as of the day and date first above stated. _________________________, Inc.
By: ___________________________
_______________________ (Name and Office in Corporation)
Agent
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