Non-Dedicated Technician General Office
Field Technology Support Program
Agent Participation Authorization “Authorization”)
Agent Code#: ________________ Election Date: _______________
Agent Name: ____________________________________________
Business Address: ______________________________________
_____________________________________________________
_____________________________________________________
Contact/Tele #:___________________________________________
AGENT SIGNATURE
_______________________________________________
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
□ NYLIS Professional: Call 888-569-5433 Option 2.
□ Sales Central Platinum Support:
Call 888-569-5433 Option 5, Option 3.
(Note: if you choose either 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
notice.
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 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 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. 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 Program. AGENT IS STRONGLY ADVISED
TO IMPLEMENT REASONABLE DATA BACKUP PROCEDURES TO
MINIMIZE ANY LOSS OR CORRUPTION OF DATA OR PROGRAMS
CONTAINED ON AGENT’S EQUIPMENT.
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 UNDER THIS
SUPPORT PROGRAM MAY BE MADE BY MEANS OF NYL’S FIELD NEWS.
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.
(11/2015)
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