□ The AGENT understands that in order to receive TRIQUEST INSURANCE AGENCY Group Rates for all marketing elements, materials, and assets, the AGENT must have submitted and issued one (1) new in-force Index Universal Life policy within a designated six month period, beginning with the date of this accepted agreement.
□ The AGENT agrees to the following terms and conditions:
WHEREAS AGENT wishes to obtain the right to any or all of the following digital marketing elements and assets available through SUBSCRIPTION through Licensors: TRIQUEST INSURANCE AGENCY, as well as Unshackled Management Group, LLC, and/or Hugo House Publishers Ltd, and/or Business Website Experts, LLC (TRIQUEST SERVICE PROVIDER PARTNERS) including but not limited to:
1. TriQuest related material on Business Starter Package Websites/landing pages.
1.1The AGENT retains the ownership rights to the website domain name.
2. Landing pages associated with TRIQUEST INSURANCE AGENCY-related seminars (both AGENT-branded and general TriQuest-generated).
3. TriQuest and My Family Financial Miracle (MFFM) Videos and eBook downloads including individual chapters.
4. All other marketing material including but not limited to blogs, newsletters, and TriQuest/MFFM-related social media.
5. TriQuest and MFFM related advertising, text, images, and graphics.
6. Use of all material on the TriQuest Academy site, including all presentations.
NOW THEREFORE in consideration of the premises, covenants and agreements contained herein, the parties agree as follows:
I. License
a. Grant: Subject to the terms of this Agreement, TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS grant to the AGENT a non-exclusive, non-transferable, royalty free, license to use the specified marketing elements and assets.
b. Fee: The AGENT shall pay to TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS the licensing subscription amount specified for each individual marketing element, to the appropriate, specified entity, at its own rate at time of purchase. Licensing rates are subject to change.
II. Terms and Conditions
The use of all marketing elements and assets are subject to the following terms and conditions:
a. Use: All marketing and production material, elements, and assets are to be used ONLY for the promotion and sale of Life Insurance and Annuity products through TRIQUEST INSURANCE AGENCY. All materials are copyrighted according to current copyright conventions and laws and may be used electronically but not hard copied without express written permission from TRIQUEST INSURANCE AGENCY.
b. Cancellation: TRIQUEST INSURANCE AGENCY reserves the right to cancel any TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS marketing elements and assets, including links and landing pages, and any and all licensed material, fees or subscriptions not specifically owned by the AGENT. Cancellation will occur up to 30 days written or email notice from TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS.
c. Refunds:
i. The AGENT may not request a refund (either full or partial) of any payment for any licensed materials, subscriptions or fees after payment has been received by TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS.
ii. The AGENT may not request a refund of any payment for any part of AGENT website, including the monthly maintenance fee, once the fee has been paid and the initial correspondence (emails or calls) with the marketing team has commenced.
d. Term: This agreement shall remain in effect as long as the AGENT meets all production targets and pays all monthly fees.
e. Termination & Fees: In the event of Termination, AGENT transfer or termination of primary contract, AGENT is immediately disqualified to receive TRIQUEST INSURANCE AGENCY Group Plan products, subscriptions and rates. AGENT may solicit non TriQuest licensed services or materials at non-negotiated group rates from TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS and under separate agreement. TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS are not under obligation to accept solicitation. Refund restrictions apply as per section (II c, i, and ii).
f. Termination by TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS: TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS may terminate this Agreement by written notice to AGENT, to take effect immediately upon the receipt there of. No refunds for any monthly fees or any rate of purchase for any marketing element or asset as per section (II c, i, and ii).
g. AGENT agrees AGENT or AGENT representatives will not copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from, any of the Licensed content, including any information, products or services, without TRIQUEST INSURANCE AGENCY's express written consent.
III. WARRANTY, LIABILITY, INDEMNITY
a. No Warranties or Conditions
TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS does not represent that the use of all marketing elements and assets by AGENT will produce any specific results, that the marketing elements and assets will be fit for any purpose, or that the marketing elements or assets will not cause any damage or harm, it being the intention of the parties that no liability whatsoever will attach to TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS out of AGENT’S use or inability to use the marketing elements or assets. AGENT expressly disclaims any implied warranty or condition of merchantability or fitness for a particular purpose with respect to the marketing elements or assets.
b. No Recourse: AGENT shall have no recourse against TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS, whether by way of any claim, suit or action for any loss, liability, damage, or cost that AGENT may suffer or incur at any time, by reason of its use or inability to use the marketing elements or assets.
c.Limit on Liability: AGENT shall have no recourse against TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS, whether by way of any claim, suit or action for any loss, liability, damage, or cost that AGENT may suffer or incur at any time, by reason of its use or inability to use the marketing material or assets.
d. Indemnity: AGENT will defend, indemnify, and hold TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS harmless from any Claim for any marketing element or asset in connection with or related to AGENT or AGENT’S representatives (AGENT’S affiliates or employees).
IV: GENERAL
a. Notice: Any notice required to be given hereunder shall be in writing and shall be effectively given if delivered personally, sent by prepaid courier service or mail, or sent by means of electronic communication.
b. Applicable Law: This Agreement shall be construed and enforced in accordance with, and the rights of the parties shall be governed by the laws of Virginia and the United States of America as applicable.
c. Entire Agreement: This Agreement constitutes the entire contract between the parties and supersedes any previous agreement or understanding between the parties with respect to their subject matter. This Agreement may only be amended by TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS.
d. Assignment: Either Party shall not, without the other Party’s prior written consent, assign, delegate, pledge, or otherwise transfer this Agreement, or any of its rights or obligations hereunder to any person.
Understanding of Work and Fees: AGENT understands that TriQuest marketing services, work, and licensed products are being offered at deep discounts due as part of a TriQuest Group Rate.
e. In the event of Termination, AGENT may solicit non TriQuest licensed services or materials at non-negotiated group rates from TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS and under separate agreement. TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS are not under obligation to accept solicitation.
IN WITNESS WHEREOF, each party to this agreement has caused it to be executed by the AGENT by checking the appropriate box indicated above.
Subscription Agreement with TRIQUEST SERVICE PROVIDER PARTNERS
□ The AGENT understands that all marketing elements and assets, including website copy and website development, with the exception of the AGENT’s domain name is owned by TRIQUEST INSURNACE AGENCY LLC, and/or Unshackled Management Group LLC and Hugo House Publishers Ltd., or Business Website Experts, LLC, (TRIQUEST SERVICE PROVIDER PARTNERS). TRIQUEST INSURNACE AGENCY LLC and/or TRIQUEST SERVICE PROVIDER PARTNERS hereby agree to license the use of all marketing elements and assets to the AGENT, for the agreed upon price. All payments for marketing materials advertised through TriQuest will be paid to the specified TRIQUEST SERVICE PROVIDER PARTNERS.
All copyrights of COPY and WEBSITES written and produced for the AGENT by TRIQUEST SERVICE PROVIDER PARTNERS, is owned by TRIQUEST INSURANCE AGENCY and/or TRIQUEST SERVICE PROVIDER PARTNERS, including all TRIQUEST INSURANCE AGENCY copyrighted materials. All domain names associated with the AGENT are owned by the AGENT.