Expanded Market Programs

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1 Expanded Market Programs Empowering you to say Yes more often! Ivantage and NEA are affiliates of Allstate, who offer Exclusive Agents access to additional products for risks outside of Allstate s market appetite. Our mission is to empower agents to say yes more often to both personal and commercial lines risks. BENEFITS of the Expanded Market Programs: Create a Personal Connection In addition to home and auto, you can provide the customer protection for their pet, coverage for their wedding, and a reason to breathe easy about their business Increase Customer Retention From their home to their business, Ivantage & NEA can help you complete the customer s circle of protection Grow your Agency Maximize cross-selling opportunities and provide additional revenue streams NEA Expanded Market Program Allstate Agent Enrollment Customers want to know their coverage fits their specific needs. When those needs can t be met with Allstate, Northeast Agencies Inc. (NEA) commercial and personal lines programs can help you close coverage gaps and strengthen customer relationships. Allstate agents are eligible to participate with NEA to write products outside of Allstate s risk appetite. NEA offers access to: Commercial Lines: All 50 states except for HI Personal Lines: Excess & Surplus Homeowners - AL, SC, and TX Homeowners and Dwelling Fire - CA Homeowners - CT, NJ, NY, and VA Personal Umbrella - DC, DE, MD, NY, VA, and WV Agents are required to complete and fax the attached Brokering Agreement to: Attention: Licensing Department Fax: Revised

2 Main Street, Suite 104 Williamsville, NY phone: (800) fax: (716) BROKER AGREEMENT (Allstate Insurance Agent) Northeast Agencies, Inc. ( NEA ), a New York corporation, having an office at 6467 Main Street, Suite 104, Williamsville, New York and having an office at ( Sub-Producer or Broker ), in consideration of the mutual covenants and agreements herein contained, agree as follows: 1. NEA hereby agrees to accept personal and commercial lines insurance from the Broker for the purpose of attempting to place it with an insurance carrier represented by NEA. The Broker represents and warrants that it is, and will be throughout the term of this Agreement, duly licensed to receive commissions and perform all obligations contemplated hereunder. 2. The activities of the Broker are limited to the territories in which Broker possesses applicable licensing: 3. This Agreement shall become effective on the date this Agreement is duly executed by an authorized officer of NEA. 4. The Broker agrees to transact all business with NEA in accordance with all applicable laws and Insurance Department rules and regulations, as well as guidelines and instructions now in force or hereafter issued by NEA. 5. During the term of this Agreement, NEA will pay, or shall cause to be paid, to Broker, as full compensation for all business submitted in connection with premiums paid on policies issued or renewed effective on and after the date this Agreement shall become effective, in accordance with the appropriate Commission Schedule as set forth on the NEA website. NEA reserves the right to modify the Commission Schedule, from time to time, without prior notice and in its sole discretion. In the event that any premiums are returned to the insured, the Broker shall repay to NEA the commission earned on that portion of the premiums so returned. 6. Broker shall be granted access to the NEA website and related facilities for the purposes of supplying underwriting and rating information, and Broker agrees to access those facilities by following the instructions on the NEA website. 7. NEA will make available to Broker NEA website (the Site ) according to the following terms of use. By signing below, Broker agrees to be bound by these terms and conditions. a. Only Broker and Broker s authorized support staff are to use the Site. Broker will immediately eliminate access to the Site by any individual who is no longer entitled to such access. b. The Site is to be accessed and used only for legitimate business reasons. Broker and Revised

3 Broker s authorized employees are responsible for maintaining the confidentiality of any access codes provided to Broker. Broker and Broker s authorized employees are liable for any harm that may result from failure to maintain that confidentiality, any improper use of Broker s access code or the Site, or any breach of these terms and conditions. Broker will promptly report to the Northeast Licensing Department, at , any unauthorized use of Broker s access code or any other breach of security regarding Broker s access code or the Site. c. Broker and Broker s employees must treat all customer information on the Site as strictly confidential and not use or disclose that information except for legitimate business purposes in compliance with all applicable privacy requirements. Broker and Broker s employees will also not use or disclose any of our confidential information except as expressly authorized by us in writing for legitimate business purposes. d. We reserve the right to terminate or suspend access to the Site or any related sites by any person or persons at any time, with or without cause. e. We make no warranties with respect to the operation of or the information contained on the Site. We will not be liable for any damages, whether direct, indirect, consequential, special or otherwise arising out of Broker s use of the Site. 8. Broker agrees to follow the instructions on NEA s website for submitting underwriting and rating information, requesting a quote, requesting a binder or providing any other information as may be requested. Broker further agrees to maintain within the Broker s files such appropriate documentation as may be required. NEA shall have the right to audit Broker s books and records upon reasonable notice to ensure compliance with the terms and conditions of this Agreement. 9. The Broker acknowledges that for all funds received or collected in connection with business submitted or placed under this agreement it will be a fiduciary of the insured, or prospective insured, and is therefore obligated to submit said funds to NEA in a timely manner and shall not, without the express written consent of the insured, or prospective insured, commingle such funds with its own funds held by it in any other capacity. 10. In the event Broker requests, on behalf of a prospective insured, that any piece of business be bound and the policy is thereafter cancelled, for whatever reason, Broker shall be responsible to NEA and/or the carrier issuing the policy for any earned premium resulting from such business. Should Broker pay any earned premium pursuant to this provision, NEA agrees to assign any collection rights it has against the insured for any such earned premium to Broker. 11. The Broker shall be responsible for all premiums placed on the books of NEA through Broker s office together with all premiums or monies collected by Broker in connection with such business. This section applies only to those premium paid directly to the producer. 12. Premiums on all policies placed by NEA on behalf of Broker shall be paid to NEA by Broker no later than the 30 th day of the first month in which the policy or policies become effective or are shown on account current. This section applies only to those premiums paid directly to the Broker. 13. All monies due to NEA by Broker must be paid promptly on the due date. In the event the monies due to NEA are not paid by the due date, Broker shall pay interest at the rate of prime plus one percent (1%). Prime shall be defined as the Applicable Federal Rate then in- Revised

4 effect in accordance with the Internal Revenue Code and regulations. This section applies only to those premiums paid directly to the Broker. 14. The Broker shall report any insurance that is solicited to NEA by delivering such report directly to NEA or by depositing such report in the United States mail no later than the next business day following the day upon which any insurance is solicited. The Broker agrees to solicit and submit insurance policies as authorized and outlined by NEA s Underwriting rules, guidelines and furnished manuals, instructions and bulletins. THE BROKER FURTHER UNDERSTANDS AND ACKNOWLEDGES THAT IT DOES NOT HAVE ANY DIRECT, EXPRESS OR IMPLIED AUTHORITY TO BIND ANY INSURANCE COVERAGE ON BEHALF OF NEA OR ANY COMPANY REPRESENTED BY NEA. 15. The Broker has no authority to: (a) make, alter, vary or discharge any contract; (b) extend a time for payment of premiums; (c) waive or extend any obligation or condition; (d) incur any liability on behalf of NEA; or (e) withhold any monies due or to become due to NEA. 16. If the Broker shall fail to report all business written by it or shall fail to pay to NEA premiums collected by it when due hereunder or shall otherwise breach this Agreement (any such event referred to as an Event ), then all of its rights under this Agreement to commissions on all premiums then unpaid to NEA shall thereby forthwith terminate and shall be held by NEA until a final accounting is performed with respect to the Broker. Any commissions due to Broker may be held by NEA and applied to offset Broker s obligations to NEA hereunder. Upon the occurrence of any such event, NEA shall have the exclusive right in its discretion and for its benefit to (i) collect any and all outstanding accounts receivable due to NEA on business written through NEA, (ii) solicit the renewal of any business previously written by NEA through the Broker, and (iii) sell or otherwise dispose of such renewals and expiration records relating thereto. 17. If any premiums for lines of insurance are not collected within thirty (30) days from the effective dates of the respective insurances requested by the Broker, the Broker agrees that it will be liable to pay and will pay to NEA the premium due upon such policy or policies, unless at or before the expiration of such thirty (30) days it either returns to NEA for cancellation, or notifies NEA to cancel, the policy or policies so outstanding, or as agreed in paragraph 13 above, and upon which the Broker is fully responsible for payment to NEA in accordance with the terms of this contract all earned premium from their inception date. 18. The Broker shall be responsible for any additional premiums shown to be due under payroll, audits or otherwise and shall pay them to NEA within 20 days and will be billed under separate notice. If such payments are not paid within 20 days the Broker must notify NEA and NEA will have the option to return the premium for direct collection. If notice is not given within 20 days, then the Broker will be held responsible for the premium. If the premium is sent back for direct collection, then the Broker shall not be entitled to any commission thereon. 19. Audits and copies of the Broker s books and records with respect to business placed with NEA may be made by any duly authorized representative of NEA during normal business hours. NEA agrees to provide one (1) week advance written notice requesting access to such books and records. Revised

5 20. The Broker shall not offer or pay rebates on any line of insurance covered by this Agreement, nor shall it accept any merchandise or service of any character in payment of premiums. 21. The Broker shall not publish or issue any advertisement respecting NEA without first obtaining the written consent of NEA. 22. All former contracts and/or agreements between the Broker and NEA are hereby cancelled and the producer shall hereafter act for NEA under this Agreement only. 23. The Broker will take every reasonable opportunity to keep informed as to the condition of all risks covered by NEA and will promptly inform NEA of any material information that might result in loss or render any risk undesirable. 24. The Broker shall promptly forward to NEA any information or documents regarding accidents, claims or suits that it may receive. 25. The waiver by NEA of any breach, default, neglect or misconduct of the Broker shall not be construed as a waiver of any of the terms, provisions or conditions hereof nor shall such be construed as authority for the continuance of any such breach, default, neglect or misconduct. 26. Either party to this Agreement may terminate the same by giving 90 day notice to the other party and Allstate Insurance Company in writing, and the power of the Broker to collect and receive premiums shall end with the termination of this Agreement, and the Broker will immediately return to NEA, or its duly authorized representative, a certified list of uncollected accounts, all unused supplies and other property of NEA. Upon termination, the Broker shall be entitled to commissions that are paid or payable as of the date of termination, but in no event shall the Broker be entitled to commissions on insurance in force, or any renewal thereof, after the date of termination. 27. Broker agrees to indemnify and hold NEA harmless against all claims, loss, liability, cost and expense, including attorney s fees, incurred by NEA in connection with any error or omission by Broker, the breach of this Agreement by Broker or the enforcement of NEA s rights with respect thereto. 28. Broker acknowledges and agrees that it has received a material benefit by gaining access which it otherwise would not have to companies (each an NEA Company ) with which NEA has a relationship by agency contract, brokerage agreement, or other similar arrangement. During the term of this Agreement and for a period of one year following it, the Broker shall not, without the prior written consent of NEA, (i) pursue or accept a direct appointment from any NEA Company or (ii) attempt to broker such business through or to another agent or broker for the purpose of accessing an NEA Company. 29. This Agreement shall be binding on the Broker and the officers, directors, shareholders, members, employees and agents, who shall be deemed to have joined in this Agreement as if a party hereto. This Agreement is personal to Broker and is non assignable. 30. Broker acknowledges and agrees that it is an independent contractor and that nothing contained in this Agreement shall be deemed to create an employer/employee relationship. Revised

6 31. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. Any disputes arising out of or relating to this Agreement or the relationship created between the parties hereto shall be resolved in the state or federal courts located in Cook County, Illinois. Broker hereby agrees and consents to the jurisdiction of any such courts. 32. Other than the R3001 Agreement between Broker and Allstate Insurance Company ( R3001 Agreement ), this Agreement constitutes the entire agreement and understanding between the parties and supercedes any other prior agreement between the parties, whether written or oral. To the extent there is a conflict between this Agreement and the R3001 Agreement, the parties agree that the R3001 Agreement shall control. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below: NORTHEAST AGENCIES, INC. By: Shirley Collyer, Vice President Its: Date: / / BROKER Print Name: Signature: Date: / / REQUIRED AGENCY INFORMATION Agency Name: Address: Street City State Zip Phone: Fax: Allstate Code # License Number/s Revised

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