Terms of Service

1. Acceptance of Terms

Welcome to Independent Insurance Brokers ("IIB," "we," "us," or "our"). By accessing or using our website, platform, services, or any related applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

These Terms constitute a legally binding agreement between you and IIB. By using our Services, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Description of Services

IIB provides a technology-enabled platform and support services for independent insurance agents and agencies specializing in Medicare products. Our Services include, but are not limited to:

• Access to our agent portal and technology platform
• Quoting and enrollment tools powered by Sunfire
• Client relationship management (CRM) tools
• Commission tracking and reporting
• Training and educational resources
• Marketing support and materials
• Carrier contracting assistance

3. Agent Registration and Eligibility

3.1 Eligibility: To use our Services as an insurance agent, you must:

• Hold a valid state insurance license in good standing
• Complete all required carrier certifications and AHIP training
• Comply with all applicable federal, state, and local laws and regulations
• Maintain accurate and current information in your agent profile

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Agent Responsibilities and Conduct

As an agent using our Services, you agree to:

• Conduct all sales and marketing activities in compliance with CMS Medicare Marketing Guidelines
• Provide accurate, truthful information to prospective and current clients
• Maintain proper documentation and records as required by carriers and regulatory bodies
• Complete all required training and certifications on time
• Not engage in any fraudulent, deceptive, or misleading practices
• Protect the privacy and confidentiality of client information
• Comply with all applicable Do Not Call regulations
• Not misrepresent your relationship with IIB, carriers, or Medicare

5. Commissions and Compensation

5.1 Commission Structure: Commission rates and structures are determined by individual carrier contracts and are subject to change. IIB will provide you with current commission information through our platform.

5.2 Payment: Commissions are paid according to carrier payment schedules. IIB is not responsible for delays in carrier payments.

5.3 Chargebacks: You acknowledge that commissions may be subject to chargebacks for policy cancellations, rapid disenrollment, or other carrier-specified circumstances.

5.4 Accurate Reporting: You agree to promptly report any discrepancies in commission statements. IIB is not responsible for unreported discrepancies after 90 days from the statement date.

6. Intellectual Property

6.1 IIB Property: All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, software, and training materials, are owned by IIB or our licensors and are protected by intellectual property laws.

6.2 Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your insurance business purposes, subject to these Terms.

6.3 Restrictions: You may not copy, modify, distribute, sell, or lease any part of our Services or included content without our express written permission.

7. Compliance and Regulatory Requirements

You acknowledge and agree that:

• The sale of Medicare products is heavily regulated by CMS and state insurance departments
• You are solely responsible for your compliance with all applicable laws and regulations
• IIB may terminate your access to Services for compliance violations
• You will cooperate with any compliance investigations or audits
• You will complete all required compliance training as directed by IIB or carriers

8. Confidentiality and Data Protection

8.1 Confidential Information: You agree to maintain the confidentiality of all proprietary information, including commission structures, business strategies, and client data.

8.2 Client Data: You acknowledge that client personal health information (PHI) and personally identifiable information (PII) must be handled in accordance with HIPAA and other applicable privacy laws.

8.3 Data Security: You agree to implement reasonable security measures to protect client data and to report any data breaches immediately.

9. Termination

9.1 Termination by You: You may terminate your relationship with IIB at any time by providing written notice. Termination does not affect commissions earned on policies written prior to termination.

9.2 Termination by IIB: IIB may terminate or suspend your access to Services at any time, with or without cause, including but not limited to violations of these Terms, compliance issues, or inactivity.

9.3 Effect of Termination: Upon termination, your access to our platform and Services will be discontinued. You remain bound by confidentiality obligations and any other provisions that by their nature should survive termination.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties: OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IIB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

10.3 Maximum Liability: In no event shall IIB's total liability exceed the amount of commissions paid to you through our platform in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless IIB, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your use of our Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your sales practices or client interactions
• Any claims made by your clients or prospective clients

12. Dispute Resolution

12.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

12.2 Arbitration: Any dispute arising from these Terms or your use of Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules.

12.3 Class Action Waiver: You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action or other representative proceeding.

13. Modifications to Terms

IIB reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

14. General Provisions

14.1 Entire Agreement: These Terms, together with our Privacy Policy and any carrier-specific agreements, constitute the entire agreement between you and IIB regarding your use of our Services.

14.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. IIB may assign these Terms without restriction.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

Independent Insurance Brokers
Email: info@iibbrokers.com
Phone: (888) 416-1960