Commission Structure
20% Commission on all sales.
Commission is calculated on the total premium excluding Insurance Premium Tax at the prevailing rate.
Use of Brand
The use of Travel Insurance 4 Medical branding (and all miss spellings) are not permitted, either in the form of keywords or within PPC adverts (either as text or display URLs). Affiliates can use the Travel Insurance 4 Medical logo, text and URLs in landing pages of their own website. Travel Insurance 4 Medical and all variants should be added as a negative keyword to ensure adherence to the above.
These Terms and Conditions govern the conduct of introduction of insurance business between Rothwell & Towler Ltd, Tourism House, Woodwater Park, Pynes Hill, Exeter. EX2 5WS (the broker)
And
(Affiliate Introducers)
Collectively the Parties.
1. Introduction
Travel Insurance 4 Medical is a trading name of Rothwell & Towler Limited. Rothwell & Towler Ltd is an Appointed Representative of Crispin Speers & Partners Ltd who are Authorised and Regulated by the Financial Conduct Authority (FCA). Register number 311507. Rothwell & Towler Ltd, Registered in England No. 08294942. Registered Office: St Clare House, 30-33 Minories, London EC3N 1PE.
Under this agreement you may only pass the customer’s details to us (effect an introduction) and distribute our marketing material. You must not give any advice or recommend our products at any time. You are not permitted to collect any premium from the customer or give the impression that you are arranging the insurance for the customer.
2. Scope
The purpose of this Agreement is to set out the rights and obligations of the parties in respect of the matters addressed in this Agreement.
3. Duties of the Affiliate Introducer
(a) Effecting introductions to the firm or other members of the broker’s group; and
(b) Distributing non-real time financial promotions which relate to products or services available from or through the broker or other members of the broker’s group.
(c) The AFFILIATE INTRODUCER warrants that it will not carry out any activities from which it is prohibited under financial services legislation in force at any time. Such activities include giving insurance advice to potential customers, assisting in the completion of insurance documentation and the handling of premium and claims monies.
(d) The Affiliate Introducer is not permitted to pass on contact details of prospective customers to the broker.
4. Appointment
With effect from the Date of this Agreement, the broker appoints the Introducer as its INTRODUCER upon and subject to the terms of this Agreement.
5. Commissions
(a) The Broker shall pay an introduction commission to the Introducer via AWIN at an agreed rate.
(b) Commission is payable only on premium received by the Broker.
(c) On return premiums, the Introducer will repay the applicable commission to the Broker.
6. Termination
This Agreement shall terminate:
(a) At any time by one party giving written notice of termination to the other;
(b) Immediately, without notice, should either Party become the subject of voluntary or involuntary rehabilitation or liquidation proceedings (save for the purposes of amalgamation or solvent re-organisation) or become the subject of an action in bankruptcy or make or propose any composition with its creditors or otherwise acknowledge its insolvency.
(c) Immediately, without notice, should the Broker have any authority or permission granted to it by the FCA withdrawn or altered by the FCA in such a manner as materially to affect in any way the Broker’s ability to introduce, arrange, conclude, administer, perform or otherwise be involved with any Insurance Business which is carried out between the Parties under this Agreement.
7. Confidentiality
Each of the Parties will treat information received from the other relating to this Agreement and to the Insurance Business as confidential and will not disclose it to any other person not entitled to receive such information except as may be necessary to fulfil their respective obligations in the conduct of the Insurance Business and except as may be required by law or regulatory authority. For the avoidance of doubt, each party shall be entitled to disclose such information, where necessary, to its insurers or reinsurers, actuaries, auditors, professional agents and advisers and other Group companies. This clause will not apply to information which was rightfully in the possession of such party prior to this Agreement, which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this clause) or which is trivial or obvious.
8. Complaints
Each Party will notify the other in accordance with FCA Rules, of any complaint concerning the other Party relating to Insurance Business subject to this Agreement.
9. Protection of Reputation
Each Party agrees it will not, without the written authority of the other Party, make use of the other Party’s corporate or trading names or logos and trade marks.
10. Conflicts of Interest
The Parties will adopt and/or maintain procedures to ensure that each has in place arrangements for the identification and management of any conflicts of interest that may arise in relation to any Insurance Business.
11. Disclosure
The Broker will comply with relevant regulatory and legal requirements regarding disclosure of all forms of remuneration from any arrangements it may have for remuneration in connection with Insurance Business.
12. Variation and Assignment
This Agreement may be assigned or varied only in writing by the Parties.
13. Rights of Third Parties
A person who is not a Party to this Agreement has no right under the Contracts (Rights of third Parties) Act 1999 to enforce any term of this Agreement. This clause shall not affect any right or remedy of a third party which exists or is available apart from that Act.
14. Dispute Resolution
The Parties to this Agreement are committed to resolving all disputes arising under it (and whether such dispute arises before or after termination of this Agreement) without the need for litigation and to allow, as far as possible, for commercial relationships to remain unaffected by disputes and, therefore, the Parties:
(a) Will attempt, in good faith, to resolve any dispute or claim promptly through negotiations between respective senior executives or the Parties who have authority to settle the same;
(b) Will attempt, in good faith, if the matter is not resolved through negotiation within three months of the dispute arising, to resolve the dispute or claim through mediation with the assistance of a mediator agreed between the Parties or as recommended to the Parties by the Centre for Dispute Resolution or such similar organisation as the Parties may agree; or
(c) If the matter has not been resolved by mediation within six months of the dispute arising, or if either Party will not participate in a mediation procedure, the Parties will refer the dispute in accordance with the Jurisdiction and Choice of Law Clause below.
(d) Notwithstanding the above, either Party may seek the immediate protection or assistance of the High Court of England and Wales if appropriate.
15. Jurisdiction and Choice of Law
This Agreement shall be construed according to English Law and any disputes arising under it shall, subject to the provisions or clause 18 above, be determined in the English Courts.
16. Enforceability Clause
In the event any portion of this Agreement is found to be invalid or unenforceable, the reminder shall remain in full force and effect.
17. General Interpretation of this Agreement
In this Agreement, words importing the singular shall include the plural and vice versa. Headings are included for ease of reference and convenience only and shall not affect the interpretation of the Agreement.
18. Service of Notices
Any notices to be given under this Agreement shall be sent by first class recorded delivery post, by hand, or facsimile to the Compliance Officer at the registered office of the Party to be served. The notice shall be deemed to have been served, if posted, at the expiration of two business days after posting and if by facsimile, or by hand, at the expiration of one business day after it was dispatched.
19. Force Majeure
Neither Party shall be liable for any delay or non-performance of its obligations under this Agreement caused by an event beyond its control (a “Force Majeure Event”) provided that the Party affected gives prompt notice in writing to the other part of such Force Majeure Event and uses all reasonable endeavours to continue to perform its obligations under the Agreement. Either party may terminate this Agreement if such Force Majeure Event continues for more than 3 months.
