Insurance Agents United Association ("IAUA")
Membership Terms & Conditions
(the "Agreement")
All references to "Applicant," "you," and "your(s)" refers to all persons and/or entities who submit a membership application hereunder.
IAUA Membership Benefits & Services: Your IAUA membership will entitle you to the following benefits and services: access to discounted leads, top contracts with approved Insurance companies, commission advancing to assist you in building your agency, discounts of State administrative licensing fees, proprietary marketing systems, Daily traing via Radio blog, the industry exclusive certified insurance professional designation CIP, ( must be a member for 6 Months) weekly coaching on product, selling and marketing, participation in the personal development learning libary, incorporation advice, FREE prescription drug card give away, free web site to jump start you business, FREE life and annuity training including Hotel and food for all members at our partner’s private training facility,Access to market advance Trust concepts and our monthly E-letter. Notwithstanding anything contained herein to the contrary, you hereby acknowledge and agree that IAUA may, at its sole discretion, add and/or delete any and/or all of the aforementioned benefits (collectively the "Service(s)").
Term: The term of this Agreement shall be for the term subscribed to by the Applicant hereunder, commencing on the date Applicant "accepts" this Agreement, and shall thereafter automatically renew for a term equal to the previous term, pursuant to the rates referenced herein, until such time as either IAUA or the Applicant provides to the other at least thirty (30) days prior written notice of its intent to terminate the Services and/or a new Agreement is executed, by and between the parties to this Agreement.
Membership Dues/Fees: Applicant shall pay IAUA a membership fee, based on the length of the requested membership, as subscribed to by Applicant hereunder, for provisioning of the Services (the "Membership Dues"). Notwithstanding anything contained herein to the contrary, if this Agreement (or any applicable portion thereof) is terminated for any reason, then all accrued but unpaid Membership Dues incurred by Applicant shall become due and owing as of the effective date of termination. In addition to the foregoing, if (i) Applicant terminates this Agreement (or any applicable portion thereof) prior to the expiration of the Term of this Agreement , or (ii) IAUA terminates this Agreement (or any applicable portion thereof) because of Applicant’s breach hereunder, then Applicant will pay to IAUA the following sums which shall become due and owing as of the effective date of such termination:
all charges reasonably expended by IAUA to establish the membership Services for Applicant; and a total of one hundred (100) percent of all Membership Dues for the remainder of the Term of this Agreement.
Notwithstanding anything contained herein to the contrary, Applicant hereby acknowledges and agrees that the Membership Dues are non-refundable.
Electronic Fund Transfers & Authorizations: The Applicant hereby acknowledges and agrees that IAUA is authorized to debit Applicant's bank account via check draft or Electronic Funds Transfer ("EFT") for the initial Membership Dues, any renewal Membership Dues and any unpaid balances. Applicant hereby acknowledges and agrees that unless IAUA receives notice in writing, at least thirty (30) days prior to the automatic Term renewal, as noted above, IAUA is authorized to automatically draft Applicant’s account for the subsequent Membership Dues, as provided for under this Agreement. Said prior written notice should be sent to:
Insurance Agents United Association, 257 N. Main St, Doylestown, PA 18901.
The individual(s) signing this Agreement hereby acknowledge that they are personally guaranteeing all payments, debts, obligations, and liabilities incurred under this Agreement. The IAUA is authorized to process any check payment(s) received as an EFT. The Applicant hereby authorizes IAUA to initiate Electronic Funds Transfers ("EFTs") in varying amounts to the bank account and routing number provided by Applicant (the "Bank Account"), for fees (debit transactions), including but not limited to Membership Dues, and refunds (credit transactions). If an error is made, the IAUA is authorized to correct the entry. EFTs will be made in compliance with the United States Code of Federal Regulations & the Uniform Commercial Code. The individual(s) agreeing to this authorization certify under the penalty of perjury that they have the authority to accept these terms for the bank account provided. Account holder(s) agree to be bound by all the terms and conditions found in this Agreement. Furthermore, all individuals signing this Agreement personally guarantees all payments required to be made under this Agreement.
Applicant Responsibilities: Applicant agrees to be responsible for all activities and transactions that occur under Applicant's account(s).
Collection & Litigation: In the event of Applicant’s default hereunder, Applicant agrees to pay for all reasonable collection and/or attorney fees incurred by IAUA.
Taxes: You acknowledge and agree that IAUA does not take any responsibility to calculate, report or remit sales or use taxes which may be assessed, due or owing to the taxing authorities of any jurisdiction for transactions that arise in connection with your membership and/or the IAUA services. You acknowledge and agree that you are solely responsible for the calculation, collection and remittance of any applicable taxes which may be incurred or assessed in connection with your membership and/or the IAUA services, other than taxes based on IAUA's income.
IAUA’s Rights: The IAUA reserve the right to cancel any scheduled campaign at any time. Should a scheduled campaign be canceled for any reason, by the IAUA, then the IAUA shall be subject to a limitation of liability, which shall be the refund to the Applicant of the percentage of any remaining unearned revenue for that particular campaign. Should a scheduled campaign be canceled by Applicant, no refund will be provided.
Intellectual Property Rights: "Work Product," as used hereinafter means models, designs, marketing materials, IAUA forms, codes/coding, devices, reports, computer programs and software, tooling, schematics and other diagrams, instructional materials, and anything else IAUA, its agents, employees, and/or subcontractors provide to Applicant and/or produce in connection with this Agreement. All such Work Product will belong to IAUA. Applicant hereby assigns to IAUA all copyrights, patents and/or trademarks in such Work Product. To the extent permitted by law, and as it pertains to the Work Product, Applicant waives any moral rights, such as the right to be named as author, the right to modify, the right to prevent mutilation and the right to prevent commercial exploitation, whether arising under the Berne Convention or otherwise. Furthermore, the parties agree that any Work Product created by IAUA shall belong to and be the exclusive property of IAUA, as such Work Product shall not be deemed "MADE FOR HIRE." Applicant will sign any necessary documents and will otherwise assist IAUA in registering IAUA’s copyrights, patents and/or trademarks and otherwise protecting IAUA’s rights in such Work Product in any country. IAUA will own all patents, copyrights or trade secrets covering such materials and Work Product and will have full rights to sell and/or use, in any manner deemed appropriate by IAUA, the materials and/or Work Product without claim on the part of Applicant for any compensation.
Limitation of Liability: IAUA, its affiliates, distributors and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the "IAUA") shall not be liable for and/or responsible for any loss or damage Applicant suffers, or any party claiming through or under Applicant, as a result of, or related to, the use of the membership and/or services including, but not limited to: any indirect, incidental, special, punitive or consequential damages, resulting from or relating in any way to the use of the membership and/or services even if the IAUA have been advised of the possibility of such damages.
Indemnification: Applicant hereby acknowledges and agrees to indemnify and hold the IAUA harmless from any and all claims, losses, damages, judgments, expenses and costs (including any attorney's fees and expenses) arising out of the use of the membership and/or services or the infringement of any trademark or copyright.
As Is & Warranty Disclaimer: The IAUA membership and services are provided on a "as is" and "as available" basis, with all faults. The Applicant hereby acknowledges that IAUA make no express or implied representations and/or warranties about its membership and/or services and expressly disclaim any and all implied warranties, including, but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose, legal compliance, or non-infringement. The IAUA does not authorize anyone to make any warranties on its behalf and Applicant may not rely on any statement of warranty as a warranty by the IAUA.
RELEASE: YOU HEREBY RELEASE AND FOREVER DISCHARGE IAUA AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO USE OF THE SITE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF IAUA AS IT RELATES TO YOUR MEMBERSHIP, ITS SERVICES AND/OR OTHERWISE.
Adherence to Laws & Regulations: Applicant will not utilize the membership and/or services in a manner which results in violation of any law, rule or regulation. Applicant bears full responsibility for compliance with all state and federal laws regarding the content of their message(s). Applicant hereby certifies that the message(s) used will be in compliance with 47 U.S.C. § 227 or certifies exemption from its requirements. Applicant hereby acknowledges that it understands the Telemarketing Sales Rules ("TSR"), as provided by the Federal Trade Commission ("FTC"). Applicant agrees to maintain its own Subscription Account Number (SAN) with the FTC if necessary. Applicant hereby certifies that the message(s) used and Caller ID displayed will comply with all legal requirements. Applicant agrees to ensure compliance with the FTC's identification requirements and also agrees to maintain a Do-Not-Call policy as required by law. Applicant hereby certifies that the message(s) used will not result in, or are intended to result in the sale or lease of goods or services to any consumers in violation of California Civil Code §1770 and/or any other similar State laws. Applicant hereby certifies that it is in compliance with California Business & Professions Code §17511 et seq. and/or any other similar State laws or exempted therefrom. Applicant hereby certifies compliance with all requirements prescribed in California Business & Professions Code §17500.3 and/or any other similar State laws. Applicant agrees to maintain an agent for service of process if required by the State of Pennsylvania. Applicant acknowledges that the IAUA has no obligation to screen, preview, or monitor content of message(s). The IAUA retains the right to display scripts and recordings used for other prospective Applicants. Applicant understands that example messages displayed are not for actual use; therefore, Applicants selecting an example message for actual use do so at their own risk, on their own initiative and are responsible for compliance with all applicable laws.
Privacy & Disclosure: The IAUA may disclose to a third party any information it deems necessary to satisfy any applicable law, regulation, legal process, governmental request, or in connection with any investigation or complaint regarding Applicant's use of the membership and
Governing Law & Dispute Resolution: Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The place of arbitration shall be Doylestown, PA and shall be governed in all respects by the laws of the State of Pennsylvania without regard to its conflict of law provisions.
IF THIS AGREEMENT IS FOUND NOT TO BE SUBJECT TO ARBITRATION, THE PARTIES KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT THEY HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE ISSUES RAISED BY THAT DISPUTE.
Severability: Should any part of this Agreement be declared invalid, the remaining portions shall remain in full force and effect as if this Agreement had been executed with the invalid portion eliminated.
Waiver: Failure of the IAUA to exercise any right under this Agreement shall not constitute a waiver of such right.
Entire Agreement: This Agreement is the final, complete, entire, and exclusive Agreement between the IAUA and Applicant with respect to the subject matter hereof, and supersedes any prior communications, oral or written, with respect to the subject matter hereof. No modification of, or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year written below.
Applicant’s Name
Insurance Agents United
Association ("IAUA")
Signature
Signature
Name
Name
Title
Title
Date
Date
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