Terms
- No oral promises or representations shall be binding nor shall this Agreement be modified except in writing, executed on behalf of the Company by a duly authorized officer of the Company and accepted by Agent, either by Agent's signature, or by placing business with the Company following the effective date of such amendment. The failure of the Company to insist on compliance by Agent with any of the obligations imposed by this Agreement shall not affect any other obligations of Agent contained herein or constitute a waiver of the rights of the Company.
- Agent understands that Agent must comply with all applicable laws and all CMS policies to ensure that Medicare beneficiaries receive truthful, accurate and complete information.
- Agent shall permit the Company to monitor the performance of Agent on an on-going basis, in any manner that the Company reasonably deems appropriate for compliance with the Company's obligations to CMS. The rights reserved for the Company pursuant to this provision shall not relieve Agent of obligations under this Agreement.
- Agent must attend a training program (or the training programs) and/or review in detail training material established by the Company regarding the MA, MA-PD or Part D marketing guidelines and other applicable laws.
- As compensation for Agent's services, Agent shall be entitled to the commission set forth on the Commission Schedule attached to this Agreement, less any commission payable to agents contracted under Agent with the Company.
- Commissions advanced to Agent by the Company, if approved, are considered loans and are provided only when a membership is deemed eligible by CMS or eligible for life or health insurance policy. The Company will charge interest on all outstanding loans and such interest rates may be adjusted from time to time by the Company. You manager and the Company reserve the right to adjust the commission advance period.
- If at any time Agent is indebted to the Company or to an Affiliate Company, Agent authorizes and directs the Company to pay commissions due to Agent hereunder to the Company or to the Affiliate Company to which Agent owes such debt (whichever is applicable). Agent also hereby authorizes any Affiliate Company to pay any commissions to which Agent is entitled to the Company to satisfy any debt Agent owes the Company hereunder. All debts due the Company, including advances to the Agent or sub-agents, are payable upon demand and are not recoverable solely from commissions or other compensation.
- In accordance with the requirements of CMS for disenrollment and/or Company-applied guidelines, if a MA, MA-PD member disenrolls after the effective date of the enrollment or cancel his life or health insurance policy, all commissions paid, credited, or advanced for such membership shall be charged back.
- Agents representing the Company who replace any inforce coverage issued by the Company or another Affiliate Company will receive no commission on the replaced coverage.
- Agent shall not, in any event (including, without limitation, nonpayment of any compensation provided for by this Agreement) bill, charge, seek compensation or remuneration or reimbursement from, hold responsible, or otherwise have any recourse against any Medicare beneficiary (whether an actual or prospective enrollee) for any amounts otherwise payable by the Company.
- Agent must make the following disclosure, prior to enrollment or at the time of enrollment, in writing, to a potential enrollee: "The person that is discussing plan options with you is contracted with the Company. The person may be compensated based on your enrollment in a plan."
