Dedicated Technician General Office
Field Technology Support Program
Agent Participation Authorization (“Authorization”)
Agent Code #: _________________Election Date: __________________
Agent Name: _______________________________________________
Business Address: ___________________________________________
Contact/Tele #:______________________________________________
1. Primary Support Program Agent requests participation in the New York
Life Insurance Company (“NYL”) Field Technology Support Program (“Support
Program”), as described in the Operating Documents below, beginning on the
Initial Effective Date, which Support Program may be amended from time to
time by NYL as permitted herein.
Additional Support Options
Dedicated Technician Services.
NYLIS Professional: Call 888-569-5433 Option 2.
Sales Central Platinum Support:
Call 888-569-5433 Option 5, Option 3.
(Note: if you choose any Additional Support Option, you must also
be enrolled
in the Support Program).
Agent enrolls in the Support Program for a minimum term of 12 months from
the election date. The number of calls that the Agent is entitled to is based on
the original start date. There is no carry over provision for unused calls. All
changes will become effective on the first day of the first full month following
NYL’s receipt of Agent’s signed election form. All signed elections forms shall
be delivered to the General Office’s Administrative Officer. 12 month support
terms renew automatically unless terminated as provided in this Authorization
or in the Operating Documents. Agent may terminate this Authorization as of
the end of the then current 12 month term by giving NYL 10 day’s prior written
2. Ledger Authorization Agent authorizes NYL to debit Agent's ledger as of
the first business day of each calendar month in the amount of the then
current Support Program Service Fee(s). Service Fees are comprised of a
fixed monthly fee for the Support Program and a variable monthly Dedicated
Tech fee based on the total number of agents enrolled for such service in
the agent’s General Office. The Service Fees will appear as debits on
Agent’s ledger and will be included in the calculation of Agent’s periodic
compensation. The fixed service fee may be changed by NYL from time to
time upon no less than ten (10) days prior notice. Agent acknowledges that
the variable service fee will be changed without notice as the number of
participating Dedicated Agents increases or decreases on a monthly basis.
Check with your General Office’s Office Manager for the current service fee.
Agent understands that, beginning with the second consecutive calendar
month in which Agent's ledger contains a debit balance as of the first
business day of the month and continuing for each calendar month
thereafter in which Agent's ledger contains a debit balance as of the first
business day of the month, Agent will be required to pay the Service Fee by
personal check made payable to New York Life Insurance Company, on or
before the close of business on the fourth business day of the next month.
This payment shall be in an amount representing the total of all Service
Fees due NYL to that date that were not debited from Agent’s monthly
ledger. NYL shall debit Agent’s ledger until Agent’s participation in the
Support Program terminates.
3. Non-covered Support The Support Program does not cover support for
any hardware or non-NYL sanctioned software, and Agent is and shall
remain solely responsible for such support.
4. Security and Protection of Customer Data Agent acknowledges that it
is his/her obligation to protect and secure NYL’s customer data. Agent
agrees that before
accessing any customer data of any kind under this
Support Program by Agent or Agent’s employees, agents or independent
contractors (“Agent Staff”), Agent will have installed the then current NYL
authorized data encryption software, in accordance with instructions
provided by NYL through its Field News or other reasonable methods, on
any and all personal computers, devices or other equipment on which Agent
or Agent Staff intends to access and/or store customer data. Failure to do
so will be a material breach of this agreement and will subject Agent to any
liability resulting therefrom. In addition NYL reserves the right to immediately
terminate this agreement should Agent fail to install such software as
required in this paragraph or otherwise comply with any requirements set
forth in the Operating Documents.
5. Amendment/Termination NYL reserves the right to amend or terminate
this Support Program and/or the fixed monthly service fee upon 10 days
prior notice to Agent through NYL’s Field News or other reasonable method
of notification. Variable service fees may be changed without notice as
provided in section 2 above. Within 10 days of any change to the Support
Program or the fixed monthly service fee, Agent may terminate this
Authorization and Agent’s participation in the Support Program. Agent’s
participation in the Support Program will terminate automatically if Agent’s
relationship with NYL terminates for any reason.
6. Liability In no event shall NYL or any third party support provider be liable
to Agent or any other person for any personal injury, property damage, loss
of data or content of software programs, or similar claims for loss or liability
arising out of, or in any way related to this Agreement. Furthermore, neither
NYL or any third party support provider shall be liable for any direct or
indirect, special, incidental, or consequential damages or loss of profits,
regardless of the cause or theory of action whether in contract, tort or
otherwise, related to this Support Program and this Authorization (or any
breach hereof) even if they have been advised of the possibility of such
damages. Agent shall be solely responsible for all loss or damage to any of
Agent’s equipment, software or data. Under no circumstances shall NYL or
any third party support provider be liable for any loss or damage to Agent’s
equipment, software or data resulting from the performance of the Support
7. No Offsets No failure by NYL or its third party support provider to perform
any of its obligations under the Support Program shall give Agent any right
to any offset against, or to otherwise delay, diminish or fail to perform, any
payment or other obligation due or owed by Agent.
8. Assignment This Authorization is not assignable by Agent.
9. Law/Understanding/Notices This Authorization and the Support Program
are governed by and construed under New York State law. There are no
other understandings or agreements between Agent and NYL concerning
this Authorization, the Support Program or services to be provided
thereunder except as expressly provided herein. NOTICES TO AGENT
10. Operating Documents The Support Program and Service Fees are
described on the Agency Portal under the Field Technology Support
Program section and may be changed from time to time as permitted in this
Agreement. (11/2015)
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