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GAP Marketing Agreement

Standard GAP

Independent GAP

Reinsurance (ONLY IF Dealer is reinsuring GAP)

(check only one)

is Agreement is entered into this day of , 20 , by and between Vantage

Administration Services, LP, 8834 N. Capital of Texas Hwy., Suite 250, Austin, TX 78759 (hereinaer referred to as “Company”), and

Producer (Dealer/Lender) Name: _____________________________________________________________________________________

Address: _________________________________________________________________________________________________________

City, State, Zip: ____________________________________________________________________________________________________

WHEREAS, Company administers the GAP Program (herein referred to as “Program”) which is marketed to automobile purchasers by automobile

dealers and lenders.

WHEREAS, the Company will authorize Producer to issue GAP Agreements setting forth the debt relief terms and conditions.

WHEREAS, Producer desires to market and sell the benets of the Program.

NOW, therefore, in consideration of the mutual promises and covenants contained herein, it is agreed as follows:

1. Producer will be issued a master policy which insures the contractual obligations of the Producer for those GAP Agreements sold by the

Producer to its customers. In the event of termination, or any other material change in the terms and conditions of the above noted master policy

Company shall immediately notify Producer of said termination or material change.

2. Producer agrees to use the forms provided by Company and to comply with the terms of the Program and its procedures as provided by

Company. e Company represents and warrants to Producer that the Company’s GAP Program and its administration and the GAP Agreements

comply with all applicable federal and state laws and adequately and properly make all disclosures regarding the GAP coverage and limitations.

is provision shall survive the termination of the Program Agreement.

3. Producer agrees to have an exclusive relationship with RoadVantage on GAP business, which will result in having only one insurer processing

the Producer’s GAP business.

4. Company reserves the right to modify the Program terms, conditions, procedures and rates at any time given reasonable written notice to

Producer and Producer agrees to comply with said changes when same become eective. Any such modications shall only apply to GAP

Agreements entered into by Producer aer the date notice of such modication is received by Producer.

5. Program forms provided by Producer, are and shall remain the property of Company and shall be returned to Company in the event of the

withdrawal of Producer or termination of this Agreement.

6. Producer understands and agrees that only Company is authorized to administer Program claims.

7. Producer agrees to make no representations altering or modifying Program nor any GAP Agreement and Producer further understands and

agrees that it has no authority to bind Company in any manner other than as agreed herein and hereby.

8. Producer acknowledges that it is not an employee of Company and that it is acting solely as an independent contractor for all matters relating to

the Agreement.

9. Producer further acknowledges that it will be responsible for, and agrees to pay, all expenses incurred by Producer in marketing the Program.

Producer shall furthermore be a duciary for the funds collected from customers and due Company.

10. Producer agrees to the requirement of submitting to Company no later than the 25th of each month, the following documents: (1) each GAP

Agreement Application signed by the customer; (2) a bordereau of all applications sold during the thirty (30) or thirty-one (31) days prior; and

(3) the required and agreed fee for each Agreement based upon the fee schedule in eect on the date this agreement is issued. All remittance

checks from Producer shall be payable to Company. is provision will survive the termination of this Agreement and will remain in eect as

long as Producer’s obligation to return or refund to Company may exist.

11. is Agreement may be terminated by either party, at any time, by sending written notice to the other party at the address set forth in this

Agreement. In the event of termination, Producer will have no further authority to market the Program. is Agreement shall also terminate,

without written notice if: (a) Producer ceases business operations; (b) Producer les for protection under the bankruptcy laws of the USA; (c)

Producer breaches any material portion of this Agreement; (d) Producer does not submit any applications for a period of 90 consecutive days.

Any termination will not aect the Company’s obligation to insure the contractual obligations under the GAP Agreements entered into by the

Producer prior to the termination, so long as Producer complies with section 9 above.

12. e Producer shall indemnify, hold harmless and defend Company against any and all claims, demands and actions for loss, liability, damage,

costs and expenses, including the cost of legal defense, caused by the wrongful act or wrongful omission to act by Producer, and its employees or

representatives, or caused by reason of Producer’s failure to comply with the terms and conditions of this Agreement or the Program rates and

procedures. Company shall indemnify, hold harmless and defend Producer (and its employees) against any and all claims, demands and actions

for loss, liability, damage, costs and expenses, including the cost of legal defense, caused by the wrongful act or wrongful omission to act by

Company, and its employees or representatives, or caused by reason of Company’s Program or its administration to fail to comply with applicable

law or the GAP Agreements failing to adequately and properly make all disclosures regarding the GAP coverage and limitations. is provision

shall survive the termination of the Program Agreement. Producer is liable for all claims and actions for all customer waiver agreements that are

not remitted to Company within 30 days of sale date.

GMARD_0414

13. For any Program for which Producer utilizes e-contracting, Producer shall print and deliver to the customer copies of any and all Program

contract agreements and/or waiver addenda, in their entirety, sold by Producer, including the Program registration or enrollment page, coverage

terms and conditions, state requirements or provisions as applicable and the privacy notice. Producer shall retain copies of all executed Program

contract agreements and/or waiver addenda sold by Producer and Producer agrees to promptly provide Company with a copy of all executed

Program contract agreements and waiver addenda upon request by Company.

14. Any provisions of this Agreement which are invalid or in conict with a statute or law of any state or territory wherein this Agreement may

be sought to be enforced, will be deemed null and void to the extent that it may be in conict therewith, without invalidating the remaining

provisions of this Agreement in such state or territory.

15. All GAP Agreement Applications and the required fees must be sent to Company at 8834 N. Capital of Texas Highway, Suite 250, Austin, TX

78759, within 30 days of coverage date to be valid.

16. CANCELLATION REFUND: It is understood and agreed that if cancellation of a GAP Agreement occurs according to the provisions contained

in customer contract, upon timely notice to Company of such cancellation, Company agrees to refund Producer the unearned portion of the

amount paid to Company by Producer less any applicable cancellation and/or administration fees and Producer agrees to refund Consumer

the unearned portion of the amount paid to Producer by Consumer less any applicable cancellation and/or administration fees. e refund

amount will be determined by cancellation rules described on the Agreement signed by the Consumer and the Producer. In addition, Producer

understands that cancellation refunds can be based upon amounts net overrides. In the event that the Producer has a change of ownership,

and/or ceases business operations, Producer, including its owner or other controlling business interest agrees to continue refunding those

consumers who are entitled to pro-rated refunds until all said polices are fully earned. Termination of this Marketing Agreement, as described

in paragraph 10 herein, does not relieve Producer of its obligations to refund consumers, as described herein, in the event of a cancellation of a

GAP Agreement. e Producer may provide or arrange to have a third party process refunds on their behalf.

17. is Agreement contains the complete understanding and agreement of the parties for GAP Business and supersedes any and all prior or

coincident GAP agreements between the parties and shall be interpreted under the laws of the State of Texas. Any amendment to this Agreement

must be conrmed by the parties in writing in order to be valid.

18. e parties further agree that should a dispute arise regarding any of the terms or conditions of this Agreement that said dispute shall be

submitted and resolved by binding arbitration in Travis County, Texas, according to the Commercial Arbitration Rules of the American

Arbitration Association or such other rules as the parties may mutually agree upon.

19. e undersigned represents that to the best of his/her knowledge the statements set forth herein are true. e undersigned further represents that

if the information supplied on this application changes between the date of this application and the time when the policy is issued, the applicant

will immediately notify the Company.

20. Signing of this application does not bind the Company to complete the insurance, but it is agreed that this form shall be the basis of the contract

should a policy be issued.

For Nevada and Oregon: In order to be eligible to sell GAP products in Nevada and Oregon, Producer agrees to provide to Company copy of its P&C

producers license for each corresponding state.

For Ohio applicants: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or

les a claim containing a false or deceptive statement is guilty of insurance fraud.

For Kentucky applicants: Warning: Any person who knowingly, and with intent to defraud any insurance company or other person les an

application for insurance containing any materially false information or conceals for the purpose of misleading, information concerning any fact

material thereto commits a fraudulent insurance act, which is a crime.

For Minnesota applicants: A person who submits an application or les a claim with intent to defraud or help commit a fraud against an insurer is

guilty of a crime.

For Indiana Residents: is GAP program is not eligible for Finance Agreements where the amount nanced, less the GAP cost, less Credit

insurance, and less the cost of the extended service contract is less than 80% of MSRP for a new vehicle or NADA average retail value for a used

vehicle.

Producer: ____________________________________________ By: _______________________________ Title: _________________________

(print name) (signature)

Vantage Administration Services, LP

By: ____________________________________________________________________________________ Title: _________________________

PLEASE COMPLETE THE FOLLOWING INFORMATION FOR OUR RECORDS:

Owner/Manager: ______________________________________________________________ Contact Person: ____________________________

Telephone: ____________________________________ Fax: __________________________ Email: ___________________________________

RoadVantage Representative: ____________________________________________________ Agent ID#: _______________________________

For Administrator’s use only

Dealer I.D. #: _________________________________________

Master Policy #: _____________________________ Eective Date: ___________________ Insurance Company: __________________________

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Fillable GAP Marketing Agreement

Fill Online, Printable, Fillable, Blank GAP Marketing Agreement Form

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