Aflac Independent Agent Agreement - PDF by cdu16856


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									                                  American Family Life Assurance Company of Columbus (Aflac)
                                    Worldwide Headquarters • Columbus, Georgia 31999

                             Amendment to Associate’s Agreement/General Agent’s Agreement

                                        Recruiting Bonus Program Amendment
        WHEREAS, the undersigned is currently an Associate or General Agent with Aflac under an Associate's Agreement or General
Agent’s Agreement (“Agreement”), the terms of which are incorporated herein by reference; and

          WHEREAS, Associate/General Agent does not currently have a coordinator agreement with Aflac and is not entitled to receive
and is not receiving commissions at any level other than the Level 01;

        WHEREAS, Associate/General Agent desires to participate in Aflac’s Recruiting Bonus Program and execute this Amendment
to Agreement for Recruiting Bonus Program (hereinafter “Amendment”) in order to set forth the terms and conditions of the Recruiting
Bonus Program;

           NOW, THEREFORE, Aflac and the undersigned Associate or General Agent do hereby covenant, warrant, and agree as

                                                         PARAGRAPH ONE
                                                   Recruiting and Recruiting Bonus
     1.1 Recruiting. Associate/General Agent may, in his or her discretion, choose to recruit individuals and agencies to become
         contracted with Aflac as licensed and appointed insurance agents either under an Associate’s Agreement or General Agent’s
         Agreement. All recruiting materials, whether in electronic or print media, and all related materials and the method of
         distribution are required to be approved in writing by Aflac’s Compliance Department prior to use. All expenses incurred in
         recruiting shall be the sole responsibility of Associate/General Agent.

     1.2 Designated Recruiter and Recruited Agent. The undersigned Associate/General Agent will be deemed the Designated
         Recruiter of each new Associate and/or General Agent who enters into an Associate’s and/or General Agent’s Agreement with
         Aflac directly and solely through the efforts of the undersigned Associate/General Agent while this Amendment is in force. For
         purposes of this Amendment only, each new agent recruited by Designated Recruiter shall be deemed a Recruited Agent.
         Associates, agents, and affiliates of agents who have held an agreement with Aflac in the preceding two years are not eligible to
         be Recruited Agents. The relationship between Designated Recruiter and Recruited Agent shall be that of independent
         contractors. Nothing in this Agreement shall be construed or deemed to create a relationship of employer or employee,
         partnership, joint venture, or principal or agent.

     1.3 Bonus Policy. “Bonus Policy” shall mean a new eligible Aflac policy that is issued on an application that is personally taken,
         signed, and dated by the Recruited Agent during the first year of the Recruited Agent’s Associate’s Agreement or General
         Agent’s Agreement under the Recruited Agent’s primary hierarchy situation code “0” (only on the designated ABC commission
         structure) for the Level 01 business.

     1.4 Recruiting Bonus. “Recruiting Bonus” shall mean a commission that is equal to five percent (5%) of the annualized premium
         amount that is earned by Aflac during the first 12 months that the eligible Bonus Policy (as defined in this Amendment) is in
         force on a premium-paying basis, less charge-backs. Production credit, stock bonus, or other contest qualification will not be
         earned under the Recruiting Bonus Program.

     1.5 Payment of Recruiting Bonus. So long as Designated Recruiter is not in breach of the terms of this Amendment and/or
         his or her Agreement, and subject to the other terms and limitations set forth in this Amendment, Designated Recruiter
         shall be entitled to receive, quarterly, a Recruiting Bonus on each Bonus Policy sold by Recruited Agent within the first
         year of his or her Agreement in states where Designated Recruiter is duly licensed and appointed at the time of sale, in
         accordance with the provisions of the Agreement as amended by the Amendment. No Recruiting Bonus shall be paid to
         Designated Recruiter on policies sold by Recruited Agent more than one (1) year after the effective date of Recruited
         Agent’s Agreement with Aflac. The Recruiting Bonus will be paid the same as a first-year commission in accordance with
         and subject to the Designated Recruiter’s Agreement as amended by this Amendment. No renewal commissions or other
         compensation will be paid on a Bonus Policy. Payment of Recruiting Bonus shall be reduced by charge-backs. No Recruiting
         Bonus will be paid under a mass marketing or direct mail program or pursuant to Internet or Intranet enrollment
         transactions, unless Aflac specifically agrees in writing. The payment of the Recruiting Bonus shall be subject to all of
         the terms and conditions of this Amendment and Designated Recruiter’s Agreement. Recruiting Bonus amounts for less
         than $10 are credited to the monthly accounting statement.
A91190                                                                                                                         11/14/05/JWW
    1.6 Special Situations and Additional Requirements. Any special or unique commission arrangement, structure, or
        commission split requiring new or special situation codes or other situations not contemplated by the standard percentage
        rates of the Recruiting Bonus Program shall be controlled by and paid in accordance with Aflac’s then-current rules, rates,
        and practices. In computing commissions, the determination of Aflac shall be final and conclusive with respect to the
        type, classification, or identification of each Policy; the applicable Commission Structure or commission and the
        apportionment thereof; the situation codes; and the other classifications with respect to commissions. Designated
        Recruiter acknowledges and agrees that in different and/or nonstandard situations, a policy sold by a Recruited Agent
        may not qualify as a Bonus Policy and that a Recruiting Bonus may not be paid, as determined by Aflac in its sole and
        absolute discretion. Also, some policies may not be eligible to qualify as a Bonus Policy. Refer to the Schedule of
        Commissions for additional information.

    1.7 Termination of Payment of Recruiting Bonus. Payment of the Recruiting Bonus to Designated Recruiter shall stop
        immediately upon termination of the Associate’s Agreement or General Agent’s Agreement of Designated Recruiter. A
        Recruiting Bonus will not be paid to Designated Recruiter on any policies sold by a Recruited Agent after the effective date of
        termination of this Amendment. However, such termination will not affect the payment of Recruiting Bonuses otherwise due
        on Bonus Policies sold by a Recruited Agent prior to the termination as long as the Designated Recruiter’s Agreement is not
        terminated. In the event the Designated Recruiter’s Agreement is terminated, the Recruiting Bonus may not be paid depending
        on the vesting provisions in the Agreement that apply to the payment of first-year commissions after termination.

                                                       PARAGRAPH TWO

    2.1 Agreement to Reaffirm. All of the provisions of Designated Recruiter’s Associate’s Agreement/General Agent’s
        Agreement with Aflac shall continue to be in full force and effect, and shall govern this Amendment in all respects except
        as expressly modified and amended herein. Designated Recruiter hereby ratifies and reaffirms all of the provisions of his
        or her Associate’s Agreement/General Agent’s Agreement with Aflac as fully and effectually as though the provisions
        thereof were set forth herein verbatim.

    2.2 Amendment and Modification. This Amendment shall not be orally modified or amended under any circumstance.
        This Amendment may only be modified or amended in a written agreement signed by Designated Recruiter and the
        President, any Vice President (other than a Territory Director), or Secretary of Aflac at its worldwide headquarters.
        Accordingly, an SSC, RSC, DSC, Designated Recruiter, associate, or Territory Director shall not have any authority to
        amend or modify this Amendment or waive any term or provision herein.

                                                      PARAGRAPH THREE

                                                   Termination of Amendment

         This Amendment cannot survive the termination of Designated Recruiter’s Associate’s Agreement or General Agent’s
Agreement. In the event that the Associate’s Agreement or General Agent is terminated for any reason, this Amendment shall also
be simultaneously terminated. This Amendment may be terminated separately, without having any effect on Designated
Recruiter’s Associate’s Agreement or General Agent’s Agreement, at the will of either Aflac or Designated Recruiter, without
cause or reason, upon giving thirty (30) days’ prior written notice to the other party. This Amendment shall automatically
terminate, if not terminated sooner, upon the Designated Recruiter’s being changed to any level other than Level 01.

        IN WITNESS WHEREOF, the parties have hereto affixed their respective signatures.

WITNESS:                                                                 BY:
                                                                                Signature of Associate or General Agent
              COLUMBUS (AFLAC)
                                                                         Printed Name
                                                                         Type of Contract – Associate or General Agent

     TITLE:                                                              Aflac Writing No.

                                                                         Social Security No./Tax ID No.
                     For Office Use Only
                    Worldwide Headquarters


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