NYLIS Professional Support
Participation Authorization
Agent Code#: Election Date:
Agent Name:
Business Address:
Contact/Tele #:
1. Pr
imary Support Program Agent requests participation in the
New York Life Insurance Company (“NYL”) Field Technology Support
Program (“Support Program”), as described in the Operatin
uments below, beginning on the Initial Effective Date, whic
upport Program may be amended from time to time by NYL as
permitted herein
Additional Support Option
NYLIS Professional: Call (866) 891-0656
(Note: if you choose the Additional Support Option, you must also be
enrolled in the primary support).
Agent enrolls in the Support Program for a minimum term of 12
months from the election date. The number of calls and dispatch
hours that the Agent is entitled to are based on the original start date.
There is no carry over provision for unused calls or dispatch hours.
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
election 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
Fee”), which amount may be changed by NYL from time to time upon
no less than 10 days prior notice to Agent. The Service Fees will appear
as debits on Agent’s ledger and will be included in the calculation of
Agent’s periodic compensation. 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 da
ryption 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. A
mendment/Termination NYL reserves the right to amend or terminate
this Support Program and/or the Service Fee upon 10 days prior notice to
Agent through NYL’s Field News or other reasonable method of notification.
Within 10 days of any change to the Support Program or Support Fees, 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. L
iability 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 an
oss or damage to Agent’s equipment, software or data resulting from the
performance of the Support Program. AGENT IS STRONGLY ADVISED TO
7. N
o 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. As
signment This Authorization is not assignable by Agent.
9. La
w/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 UNDER THIS
10 Operating Documents The Support Program and Service Fees are
described on the Agency Portal in the Field Technology Support Program
section and may be changed from time to time as permitted in this Agreement.