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This Producer Agreement (this ""Agreement"") is made between Atlas Underwriters®, LLC., with administrative offices at 440 Sawgrass Corporate Parkway, Suite 112, Sunrise, FL 33325 (""AU®""), and the party named as Producer herein (""the Producer""), and shall be effective as of the Effective Date set forth below.

General Provisions:
This Agreement contains the full terms and conditions that apply to the Producer. Becoming a Producer with Atlas Underwriters®, LLC will allow the Producer access to the AU website and establish HTML linking between the Producer website and Atlas Underwriters.com (“”AU website””, subject to the terms and conditions set herein. AU reserves the right to update, modify, or amend this Agreement from time to time.
The Producer will have the ability to link his/her website using an approved hypertext link (“”Producer link””) with the AU website. The Producer will have the authority to use AU’s website and online quoting engine to solicit applications online.

Ownership and Rights:
The Producer agrees that AU owns all intellectual property rights including, but not limited to, all copyrights, patents, client information, trademarks and trade secrets in connection with and in all version of the AU website.

The parties under this agreement agree as follows:

1)  AU Capacity. The parties acknowledge that AU acts as managing general underwriter and plan administrator for and on behalf of one or more insurance carriers (""its insurers"") with respect to the placement and administration of various individual, family and/or group short-term and/or renewable Life, health, disability, travel, accident, and medical insurance coverage effectuated by the issuance of insurance certificates to eligible, qualified and approved applicants (""Policies"").

2)  Producer License. With respect to all jurisdictions in which the Producer conducts its business and which require by rule and/or applicable law that the Producer be duly licensed, qualified and authorized as an insurance agent, agency, or broker in order to lawfully transact insurance business as contemplated herein (""License Jurisdictions""), the Producer represents and warrants to AU: (a) that it is so duly licensed, qualified and authorized; (b) that it will maintain at all times this agreement is in effect an active and valid license(s), and that authority(ies) and qualification(s)  remain in good standing; and (c) that such license(s), authority(ies) and qualification(s) authorize(s) the Producer to transact insurance business as contemplated herein in all such License Required Jurisdictions. The authorities granted by AU to the Producer under paragraph 3 of this Agreement shall only be effective: (i) in License Jurisdictions where the Producer is duly licensed, authorized, and qualified by the appropriate regulatory agencies or governmental authorities, and (ii) in such other jurisdictions or foreign countries where no such license, authorization or qualification requirements apply.

3)  Authority. Upon execution hereof by the parties and continuing so long as this Agreement is in effect, AU authorizes the Producer to: (a) solicit applications for Policies and submit such to AU for consideration, (b) collect initial required premiums through AU’s online payment portal thereon and remit such to AU at the time of application, and (c) if requested by AU, deliver issued Policy and related materials to eligible, qualified and accepted applicants (""Policy holders""). Any such premiums received by the Producer and not processed directly through AU’s online payment portal shall be held in a fiduciary and trust capacity for the account of AU and its insurers. No premiums shall be accepted or collected by the Producer in the form of cash.

4)  Limitation of Authority. It is understood and agreed that the Producer and its employees, agents and representatives shall have no authority to, and shall not under any circumstances: (a) approve applications for Policies; evaluate or accept risks for or on behalf of AU or its insurers; pass upon the insurability of applicants or prospective Policy holders; or act for, speak for, or bind AU or its insurers in any way; (b) make, modify, alter, or waive in whole or in part any Policy or any application therefore, or waive, release, compromise or settle any of AU's or its insurers' respective rights, remedies, conditions, limitations, exclusions or requirements thereunder; (c) collect or receive premiums or renewal premiums on Policies other than the premium required at the time of initial application; (d) endorse, cash, negotiate, or deposit any checks or drafts payable to AU or its insurers; (e) open any bank account or trust account on behalf of, for the benefit of, or containing the name of AU or its insurers or any derivative thereof; (f) advertise or publish any matter or item which uses any of the names, product names, trademarks, service marks, registered marks, logos or designs of AU, its insurers or their respective subsidiaries, affiliates or related companies without the express prior written consent of AU (granted or withheld in its sole discretion); (g) directly or indirectly induce, cause, or attempt to induce or cause any Agent, General Agent, Managing General Agent or other producer or broker independently contracted with AU to terminate, default, breach, or modify its producer contract with AU; or induce, cause or attempt to induce or cause any Policy holders to cancel, replace or lapse a Policy; or (h) do or perform any other act relating to the Policies, premiums or applications except as expressly authorized herein.

5)  Relationship. The parties agree that the Producer acts hereunder solely as an independent contractor and for its own account, and this Agreement does not create and shall not be deemed or construed to create an employer-employee, principal-agent, partnership, representative, profit-sharing, or joint venture relationship of any kind between or among the Producer (or any Sub-Producer) and AU or its insurers. All acts, omissions and statements made or undertaken by the Producer in pursuit of the authorities granted herein are made and undertaken by the Producer for its own account and/or as agent and representative of the applicant, prospective applicant, or Policy holder.

6)  Reciprocal Indemnification. The Producer agrees to indemnify and hold AU and its insurers harmless from any and all claims, penalties, fines, actions, losses, damages, costs and expenses (including attorneys' fees) (collectively, ""Claims"") incurred or suffered by or assessed against AU or its insurers arising out of or resulting from any default or breach by the Producer hereunder. Likewise, AU agrees to indemnify and hold the Producer harmless from any and all Claims incurred or suffered by or assessed against the Producer arising out of or resulting from any default or breach by AU hereunder.

7)  Service. The Producer agrees to become informed of the terms, conditions, limits, exclusions and benefits (""Terms and Conditions"") of each Policy for which the Producer solicits applications hereunder, as such may be amended or modified from time to time by AU and/or its insurers in their sole discretion, and to represent and disclose such Terms and Conditions fully, truthfully and accurately to all applicants, prospective applicants, and Policy holders.

8)  Compliance. The Producer agrees to abide by AU's reasonable administrative procedures and guidelines as disclosed to the Producer from time to time. The Producer will comply with all laws and regulations imposed by applicable regulatory and governmental authorities; will promptly notify AU of any complaints, lawsuits, orders, administrative proceedings, licensure matters and other inquiries received from such authorities or from Policy holders relating to applications solicited and/or Policies placed by or through the Producer hereunder; and will cooperate with AU in making timely and appropriate responses.

9)  Compensation. AU will pay commissions to the Producer as provided in the Compensation Schedule(s) on any premiums received for Policies issued on applications solicited and submitted by the Producer under this Agreement and accepted by AU, which commissions will be payment in full for all services performed and expenses incurred by the Producer and will be subject to charge-back and/or reimbursement with respect to any Policies subsequently rescinded, replaced or cancelled. AU reserves the right: (a) to accrue and defer, on an annual basis, payment of commissions until a minimum of $100.00 becomes due, and (b) to modify or amend the Compensation Schedule(s) in its sole discretion at any time and/or from time to time upon 45 days advance written notice to the Producer, whereupon the modified or amended Compensation Schedule(s) will supersede and replace any prior Compensation Schedule(s) and will then be controlling under this Agreement. However, no such modification or amendment will apply to then-issued Policies for which AU has previously accepted premiums. The Producer link properly tracks commissions earned by the Producer, the Producer must ensure that the link between the Producer website and AU website are links provided by AU. AU is not liable for any loss of commission resulting from failure to appropriate links.

10)  Accounting. AU will provide the Producer monthly statements of commissions payable hereunder, which statements will be deemed approved and accepted by the Producer and shall be final and binding unless AU receives written objection thereto within 30 days of mailing such to the Producer's last known address. If AU or its insurers cancels, rescinds or terminates a Policy and refunds premiums previously paid, any commissions previously paid or credited to the Producer on the amount refunded will be repaid or re-credited to AU by the Producer, or may be deducted or offset by AU against any commissions thereafter payable to Producer.

11)  Termination. This Agreement and the authorities granted to the Producer hereunder will terminate: (a) for cause, immediately upon notice by AU to the Producer, if the Producer or any of the Producer's employees, agents, or representatives: (i) misappropriates funds from any applicant or Policy holder or from AU or its insurers; (ii) induces or causes any Agent, General Agent, Managing General Agent or other producer or broker independently contracted with AU to cancel or breach its contract with AU or to otherwise leave its services, or induces or causes any Policy holder to cancel, replace or lapse a Policy; (iii) interferes with the collection of renewal premiums; (iv) engages in any fraudulent, dishonest, defamatory, deceptive or unlawful act or omission which could or tends to negatively impair the reputation or goodwill of AU or its insurers; (v) is adjudged a bankrupt or executes a general assignment for the benefit of its creditors; or (vi) materially breaches or defaults hereunder, or otherwise acts or fails to act in a manner which could or does prejudice materially the rights or interests of AU or its insurers; (b) on the date that the Producer, AU or its insurers ceases ongoing business operations, is liquidated or dissolved, or is otherwise adjudged by regulatory or judicial authorities to no longer be a validly existing or legally operating entity; and/or (c) in the event of any order of suspension, revocation or termination of the Producer's, AU's or its insurers' respective license, or any order to cease or desist business operations hereunder. Notwithstanding the foregoing, this Agreement may be terminated by either party, for any or no reason, with or without cause, by giving the other party at least 45 days advance written notice. Upon termination of this Agreement, any indebtedness then owed by either party to the other will become immediately due and payable; provided, however, that if this Agreement is terminated by AU under paragraphs 11(a)(i)-(vi), regardless of what the Compensation Schedule(s) might provide, no compensation of any kind shall thereafter be payable to the Producer by AU with respect to premiums received thereafter, including compensation that would otherwise be considered vested compensation.

12)  Return of Materials. Upon request by AU, all application forms, brochures, marketing, sales, promotional and advertising materials, and all other materials and supplies furnished to the Producer by AU or its subsidiaries, insurers, affiliates, or related companies will be promptly returned by the Producer to AU.

13)  Miscellaneous. This Agreement shall not be assigned or transferred in whole or in part by the Producer, nor shall any of the Producer's rights, duties or obligations hereunder be assigned or delegated to any third party, without the express prior written consent of AU. Subject to the provisions of paragraph 9, above, regarding AU's right to modify or amend Compensation Schedules upon notice, no amendment or modification of this Agreement will be valid or enforceable unless signed by both parties. Plural terms used herein shall include the singular, and neuter terms shall include the masculine and feminine, as the context may require. The provisions of paragraphs 5, 6, 10, 12 and 13 herein shall survive the termination of this Agreement. This Agreement will be governed by and enforced in accordance with Florida laws, and sole and exclusive venue and jurisdiction for any action, lawsuit or proceeding arising under or concerning this Agreement shall be in a Court of competent jurisdiction located in Sunrise, FL. Broward County.

14)  Confidentiality. Except with the consent of the other party , each party agrees that all information concerning the other party, including, with limitation to, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information ,will remain confidential and will not be utilized, directly or indirectly, by such party for the purpose except and to the extent (1) necessary to complete obligations under this Agreement or (2) that any such information is known or available to the public through a source or sources other than such party or affiliated companies of such party.

15)  Disclaimer. AU makes no express or implied representations or warranties regarding the AU website or its performance, availability, or functionality. Any implied warranties of merchantability, fitness for a particular purpose, and non-infringement from AU are expressly disclaimed and excluded. In addition, we make no representation or warranty that the operation of AU website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions and errors.

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Producer Benefits:

Offer Accident Insurance at HIGH LIMITS

Access to your own Producer Account

Track Case Progress, View Your Monthly Sales

Access to Personalized Marketing Materials

Automatic Application Approvals up to $1Million

Atlas Underwriters
(954) 318-7940
info@atlasunderwriters.com

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Producer Benefits: