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To be an authorized affiliate of 4idsafety, LLC, you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the 4idsafety, LLC service as an affiliate. By signing up for the 44idsafety, LLC affiliate program, you indicate your acceptance of this agreement and its terms and conditions.
The “Effective Date” of This Agreement is immediate upon electronic submission of this application, by 4IDSafety, LLC, an Arizona limited liability company (“Company”), and the above Agent . Company and Agent are the "Parties" and individually a "Party."
WHEREAS, Company markets and administers the ID Advocates membership program ("Program"); and
WHEREAS, Agent desires to promote the Program to Agent’s customers; and
NOW, THEREFORE, the Parties agree as follows:
1. AGENT. During the Term Agent shall:
a. Follow Program instructions and procedures provided by Company, including amendments thereto furnished Agent from time to time. Agent may not waive or modify any Program terms or forms.
b. Deliver to Company, by the 10th day of each month, all completed applications and other forms required by Company, and all required fees for the prior month's Program business.
c. Collect any applicable sales taxes from Program sales to Agent’s customers and report and pay those taxes to the applicable governmental authorities prior to delinquency.
d. Offer its customers only Program terms, coverage and materials furnished to Agent or approved by Company.
e. Agent will be responsible for and repay to client any amounts due to client at cancellation of membership.
2. COMPANY. Company:
a. Grants limited, non-exclusive authority to Agent during the Term to accept applications from Agent’s customers to purchase Program coverage.
b. Will furnish Agent applications, forms and other supplies for Agent to implement the Program, which will remain Company’s property.
c. Will investigate, process and pay valid claims presented by Agent’s customers under the Program.
3. TERM. The “Term” will commence on the Effective Date and continue until terminated by either Party at its option by notice to the other Party, which will be effective on receipt. Termination will not affect any customer application received during the Term. Agent will return all unused applications, forms and other supplies or equipment provided to Agent by Company, with any copies thereof made by Agent , to Company within two business days after the end of the Term.
4. FEES. Company will establish all Program fees. Agent will collect all applicable Program fees from its customers and remit such fees, less only Agent’s _n/a__% commission and any sales taxes described above, to Company. Agent will be responsible for all credit card fees.
5. INDEMNITY. Each Party shall indemnify and hold the other Party (including its employees, members, managers, officers and directors) harmless for, from and against all liabilities, losses and damages suffered and expenses reasonably incurred (including attorneys’ fees), to any extent they arise out of or are caused by any breach by the indemnifying Party of this Agreement. Agent’s indemnification will include payment of any claims for which Agent fails to submit applications and fees for the customer’s participation in the Program.
6. ARBITRATION. Any dispute relating to this Agreement will be resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association before a single arbitrator with at least ten years experience in the automotive industry. If no arbitrator is agreed to within ten days of demand for arbitration, either Party may petition a court for appointment of an arbitrator. Arbitration service fees shall be paid equally by each Party, unless the arbitrator rules otherwise. Each arbitration shall be in Maricopa County, Arizona. Any arbitrator shall apply the substantive law of Arizona and any applicable Federal law, and have the same power to grant any remedy as a judge of the Superior Court in Arizona.
The decision of the arbitrator will be final and may be entered as a judgment in any court of competent jurisdiction. Arbitration will not be required of any Party seeking equitable relief to preserve the status quo or prevent irreparable harm. The prevailing Party will be entitled to recover reasonable attorney's fees and costs, which the arbitrator may award.
7 GENERAL.
a. Company may audit the books and records of Agent which pertain to the Program as long as any of Agent’s customers are
Program members.
b. The Parties are acting solely as independent contractors. Nothing in this Agreement will evidence or create any partnership,
master/servant or employer/employee relationship between the Parties. Neither Party will be responsible for any acts of the other Party, nor have any power to create any obligation for or on behalf of the other Party, except as specifically authorized by this Agreement or in writing by the other Party.
c. Agent will not accept service or settle any claims on behalf of Company.
d. If Agent consists of more than one location or Agency, the name of each additional Agency or location will be identified below or attached hereto and this Agreement will apply to all such Agencies and locations.
e. This Agreement will be binding on and inure to the benefit of the successors and assigns of the Partied hereto; provided that no right or obligation hereunder may be assigned or delegated without prior written notice to the other Party.
f. Each Party shall comply withal applicable laws and regulations in connection with this Agreement and the Program.
g. If any part of this Agreement is determined to be unlawful or void, it will not affect the remaining parts of this Agreement.
h. All notices, consents, waivers, approvals and other communications hereunder must be in writing and will be effective when received at the recipient’s address or telecopy number set for the above. Either Party may change its address or number by notice to the other Party.
i. This Agreement contains the complete understanding of the Parties an d may not be modified except by a writing signed by both Parties. No right or obligation hereunder may be waived except by waiver signed by the Party to be charged.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
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