TERMS AND CONDITIONS
SECTION I - TERM OF AGREEMENT
This Agreement will commence on the date and time of acceptance of the Agreement by the Agent and
continue in full force and effect until terminated by either party pursuant to the provisions hereof.
SECTION II - AGENT REQUIREMENTS AND DUTIES
As a condition of Agent's participation in the FMAP Online Referral Program, the Agent must:
A. Possess and maintain an active General Lines Agent's License and be in good standing with the Florida Department of Financial Services;
B. Possess and maintain an appointment with at least one personal residential insurer other than Citizens Property Insurance Company ("CITIZENS") that is authorized to write and is actually writing new personal residential property coverage in the state of Florida;
C. Handle all referrals received from FMAP in the prescribed timeframe required by FMAP, and in a professional and competent manner;
D. Update the solicitation status of all tagged records within the required timeframe; and
E. Agree not to place any risk for which information has been obtained through FMAP into CITIZENS or with surplus lines carriers for the purposes of quoting or writing coverage.
SECTION III - DUTIES OF FMAP
FMAP will provide the following services, free of charge, to all Agents participating in the FMAP Online Referral Program:
A. Refer consumers seeking property and casualty insurance in the state of Florida to participating Agents who have indicated their willingness and ability to write such coverage with an authorized insurer;
B. Provide participating Agents access to FMAP's online consumer application database for the purpose of: (1) updating the Agent's information; (2) enabling the Agent to create search filters to search, identify and select, in real time, consumers who meet their underwriting criteria; and (3) indicating the outcome of all referrals which the Agent either received from FMAP or solicited directly through the online database;
C. Provide the Agent electronic notice of those consumers whose insurance needs match the criteria specified in the Agent's search filter.
SECTION IV - RELATIONSHIP
Nothing contained herein will be construed to create the relation of employer and employee or principal and agent between FMAP and Agent. Nothing contained herein will be construed as giving rise to a joint venture relationship between FMAP and the Agent. The Agent will not represent to any person or entity that he/she is an employee or agent of FMAP. The Agent will be free to exercise independent judgment as to the time, place and manner in which he/she will perform services hereunder.
SECTION V - TERMINATION
Either party may terminate this Agreement for convenience or for cause by giving electronic notice to the other party.
SECTION VI - GENERAL PROVISIONS
A. CONTROLLING LAW. This Agreement is controlled and subject to the laws of the state of Florida.
B. ENTIRE AGREEMENT. This Agreement supersedes all prior agreements between the parties and constitutes the sole and entire agreement setting forth the benefits and obligations of the parties hereto.
C. SEVERABILITY. In the event any provision of this Agreement is held to be invalid by a court of competent jurisdiction, the remainder of this Agreement not held otherwise unenforceable will be deemed valid and enforceable.
D. WAIVER. The failure of FMAP to take any action, or to delay taking any action, respecting any default by the Agent, will not be deemed to constitute a waiver of the default or any subsequent default or an amendment to this Agreement.
E. ASSIGNMENT. Neither party will assign, convey, transfer or otherwise dispose of any of their rights under this Agreement to any person or entity without the prior written approval of the other party.
Your information is stored on Citizens Property Insurance Corporation's servers located in the United States. We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, including encryption, "firewalls" and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, "perfect security" does not exist on the Internet.