INSURANCE MARKETING CONTRACT
This document is the Insurance Marketing Contract,
celebrate on one side, __________________________________ with Unique Registration
of Taxpayer No. ____________ y home
, hereinafter referred to as
simply The Marketer of the other party, LA POSITIVA INSURANCES AND
REINSURANCE with Single Taxpayer Registry No. 20100210909 and address on Street
Francisco Masías No. 370, San Isidro District, Province and Department of Lima,
duly represented byRegional Manager Tomas Cané Pardo and his Deputy
Manager José Antonio Vela Eduardo, both with powers registered in the Deed
No. 11007318 of the Register of Legal Entities of Arequipa, hereinafter referred to as
it will be called THE POSITIVE, under the following terms and conditions:
Mr. Marino Aroni Calderón intervenes in this contract with Registration
Unique Taxpayer Number 10205304555 and address at Esquina Piñales and
Mandarins No. 100 Urb. Pampa Huasahuasi District La Merced Province
Chanchamayo and the Department of Junín, hereinafter referred to as
it will simply be called THE RUNNER.
FIRST: BACKGROUND
1.1. The marketer is a natural person dedicated to the business of
sale of small vehicles in the city of La Merced
Chanchamayo. (REFERENCE)
1.2. THE POSITIVE is an insurance company whose main business is
carry out all operations, acts, and contracts necessary to
extend coverage of property and personal risks,
authorized to operate in the field of general insurance, under the protection
as provided by the Law.
SECOND: OBJECT OF THE CONTRACT
Through this Contract, LA POSITIVA agrees to provide to
disposition of the clients of The Marketer The Insurances whose
characteristics are included in the Annexes that
duly signed by the parties involved are an integral part
and inseparable from this Contract. Likewise, The Marketer
commits to providing administrative support in marketing
of the insurance and the collection service of the premiums derived from the
marketing of them.
THIRD: OBLIGATIONS OF THE POSITIVE
LA POSITIVA commits to the following:
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3.1. Keep your authorization as a Company permanently valid.
of Insurance before the Superintendency of Banking, Insurance and
Pension Fund Administrators.
3.2. Issue the Insurance Policies (Summary, Conditions, and Summary) and/or
Insurance certificates subject to this Contract, according to
respond in accordance with the provisions of SBS Resolution
No. 1420-2005, in effect from June 1, 2006.
3.3. Provide the Conditions of the Policies to the Marketer
insurance and the contractual documentation related to the Insurance
to be offered.
3.4. Facilitate the information that the Marketer requires
about the detail of the billed premiums, paid claims and/or
reserves from The Insurances subject of the present
Contract.
3.5. Provide the Marketer with all relevant information,
clear and sufficient that this requires about the insurances within the framework of
the regulations on consumer protection regarding services
financial.
3.6. Provide the Marketer with all necessary facilities to
promote the sale of Insurance.
3.7. Assume that any communication sent to The Marketer
by the contractors or insured parties of the Insurance, will be considered
referred to the POSITIVE, in accordance with the provisions established in the
literal "b" of article nine of Resolution SBS No. 2996-2010.
3.8. Assume that any payment made by the contractors or
insureds or third parties in charge of the insurance
Marketer, the POSITIVE will be considered fulfilled.
compliance with the provisions of literal "c" of article nine of
the SBS Resolution No. 2996-2010, this without prejudice to the
responsibility that will correspond to the Marketer in the
internal relationship with THE POSITIVE for the payments received.
3.9. Conduct outreach talks, training, and presentations of
Ensure the employees of The Marketer he designates and
in the opportunities that this last one requires, as well as to deliver
a procedures manual in accordance with the provisions of the literal
"b" of article three of Resolution SBS Nº2996-2010.
FOURTH: OBLIGATIONS OF The Marketer
The marketers responsible for the following acts:
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4.1. Offer to its clients the Insurance subject of this Contract,
in strict compliance with the instructions indicated by LA
POSITIVE, for the product offer.
4.2. Provide administrative support in the marketing of
Insurance and the collection service for premiums, if applicable, to the
POSITIVE, for the insurance it issues for its clients.
4.3. During the term of this contract, it shall refrain from agreeing
with third parties the marketing of insurance products identical or similar to those
hired with LA POSITIVA for placement among their Clients,
without the prior written consent of LA POSITIVA.
4.4. Clearly establish before Clients that the information provided
by the workers of The Marketer in charge of offering
The insurance company sets up a consultancy for its contracting, for the
The Marketer is obliged to adequately disseminate this.
condition among the users of their services.
4.5. Adopt the necessary measures so that the public identifies that
LA POSITIVA is a company different from El Comercializador.
4.6. Inform the POSITIVA whenever the cancellation is required.
any of the insurance contracted in execution of the present
Contract, whether such cancellation occurs for any
reason.
4.7. On behalf of LA POSITIVA, deliver the policy to the insured.
insurance or the Insurance Certificate, as applicable.
4.8. Notify the POSITIVA, under responsibility, within a maximum period
within seven (07) calendar days of receipt, any communication or
complaint related to insurance.
4.9. Refer to the Insured any communication that LA POSITIVA sends
for the resolution of claims within no more than fifteen (15) days
calendar days of receipt.
Without prejudice to the responsibility assumed by LA POSITIVA in strict
compliance with the provisions of Resolution SBS No. 2996-2010a that is
they refer to the preceding numerals, The marketing company tal
responsibility towards THE POSITIVE in the internal relationship, as long as
these have occurred due to the responsibility of the Marketer.
FIFTH: OBLIGATIONS OF THE BROKER
THE RUNNER commits to:
1 Offer among its clients The Insurance object of this contract
issued by LA POSITIVA, in strict compliance with the
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instructions indicated by THE POSITIVE, for the offer of
product, data entry and answering client questions about
compliance with the provisions set forth in paragraph a) of article 13° of the
SBS Resolution No. 14283-2009.
2 Provide administrative support in the marketing of
Insurance and the collection service for premiums, if applicable, to the
POSITIVE for the insurance it issues for its clients.
3 Adopt the necessary measures to ensure that the public
identify the positive it is a company different from the
CORRIDOR.
4 Inform the POSITIVE every time the cancellation is required
100% or pro rata of any of the contracted insurances in
execution of this contract, regardless of whether such annulment is
produced by debt cancellation or for any other reason.
5 Submit to the positive below responsibility within a maximum period of
three (3) business days upon receipt, any communication or complaint
linked to Insurance.
6 In the event of an accident, process before THE POSITIVE the
payment of the compensation requested by their clients during the
Validity of Insurance.
7 Keep the Liability Insurance policy current.
8 Advise the policyholder or contractor and/or the insured about the policies
of insurance and coverages most suitable regarding the
nature of the risk that it intends to insure; which includes
inform you about the conditions of the contract, in particular, the
extension of basic coverage, additional coverages, exclusions,
franchises, deductibles or similar, proration clauses, form and
deadlines for the payment of the premium, effects of non-compliance,
rights and obligations arising from the insurance contract, and, in
general, all the necessary information to better illustrate your decision.
Notify the policyholders or contractors immediately and in writing
and/or insured, the rejection or modifications of coverage of
proposed risk, carried out by insurance companies.
Facilitate information to insurance companies about identity
of the policyholders or insurance contractors, insured and
beneficiaries of the insurance policies that mediate in accordance
with the Complementary Regulations for the Prevention of Money Laundering
Current assets.
11 Deliver to the policyholder or contractor or insured, as applicable,
the simplified policy or the application - certificate contracted.
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verifying that it (they) complies with the requested.
insurance company, having to return to the latter the copy(s)
duly signed by the policyholder or contractor or insured.
12 Notify the insurance companies immediately and in writing,
any modification of the insured risk that means a
aggravation or reduction of the same, which could impact their
insurance conditions.
13 Assist the insured, with due diligence and promptness, in case of
claim, managing the corresponding complaint with the company of
insurance and following it up until its conclusion.
Notwithstanding the above mentioned in the preceding numbers, THE BROKER
is obliged to respect each and every one of the obligations
inherent to their condition as an insurance intermediary, even those that do not
are specified in this contract and stem from the legal framework that
regulates its activity.
SIXTH: DEADLINE
6.1 This Contract shall have a duration of three (03) years counted from
starting from the date of your subscription, which will be renewed in the manner
automatic and successive at the end of its validity. The decision not to
renewing the present document must be communicated in writing to
the other party with thirty (30) calendar days in advance to
expiration of the annuity.
6.2 Notwithstanding what is stated in the previous numeral, any of the
either party may terminate this Contract without the need for
expression of any cause, for which a communication will suffice
written notice to the other party at least ninety (90) days in advance
anticipation calendar without such a decision causing
no responsibility for the parties.
6.3 Notwithstanding the above, the parties agree that the conditions
established in this Contract will remain in effect
regarding the insurance policies that were contracted from the
the same, and during the validity period of them.
The parties shall not assign, transfer or subcontract, in whole or in part
totally, this Contract or the rights derived from it, without
to have the prior written authorization of the other party.
SEVENTH: BILLING AND SETTLEMENT
7.1 The Marketer agrees to carry out the collection of the
derived premiums from the insurance policies that are placed
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for THE POSITIVE to the clients, through the accounts of the
the same or any other procedure that is established.
Marketer.
7.2 The Marketer will settle and pay to LA POSITIVA the amount
collected from the premiums derived from insurance policies
collected from the clients. The settlement and the crediting are carried out with
weekly frequency.
EIGHTH: REMUNERATION
8.1 THE POSITIVE will pay the Marketer as compensation for the
administrative support services and premium collection a
monthly percentage amount according to what is established for each product
according to the type of insurance policy in question, calculated on the
net earnings obtained by LA POSITIVA according to what is indicated in
The annexes duly signed by the parties form part
member of this contract.
8.2 It is established that the net premium is the premium paid by the client.
Marketers without including the General Sales Tax (GST) or
Issuance Costs.
8.3 It is established that the compensation to LA POSITIVA will be generated.
then the Marketer collects the insurance premiums
corresponding.
NOVENA: AMENDMENTS TO THE CONTRACT
The parties may, by mutual agreement, modify this Contract and its
annexes for the purpose of:
Include or exclude organized groups of customers.
Establish better conditions for the insured, such as
increase in the amount of compensation, increase in coverage
improvement of the deadline for the payment of claims, among others.
Establish modifications to the payment method.
Establish modifications to the monthly premiums, prior evaluation
economic-financial.
To modify this contract, either party will communicate through
written to the other party clearly indicating your intention, accompanying it with
assessment that is required, the other party must express their
conformity or non-conformity within a maximum period of thirty (30) days
calendar, counted from the day after the receipt of the
relevant proposal. If this period passes without a response
it will be assumed that the other party is in disagreement, without this
does not imply any modification of the contract, nor does it impose any obligation.
of some of them.
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TENTH: GROUNDS FOR TERMINATION
Without prejudice to what is established in numeral 5.2, the following shall constitute causes for
resolution of this Contract the following:
The agreement of both parties.
A sanction that disqualifies temporarily or permanently from
any of the parties for the fulfillment of the obligations to their
position in this Contract.
The total, partial, late, or defective failure to comply with any of
the obligations of one of the parties contained in the present
Contract. For this purpose, the party that is harmed by the
non-compliance will require the other party to satisfy notarially
its provision within a period of fifteen (15) calendar days, under penalty of
termination of the Contract. If the obligation is not fulfilled within the
, the Contract will be automatically resolved without
need for any judicial declaration.
ELEVENTH: CONFIDENTIALITY
The parties and their officials, employees, or servants agree to
maintain absolute confidentiality about any information that they may
receive in relation to the execution of this Contract, being
exclusive responsibility of the contractors for any improper use or abuse
of such information.
In this sense, they understand and accept that the information relating to the other party
that it comes to your attention as a result of the celebration and
execution of this Contract, as well as the advertising material used, the
ideas, resources and documents, are confidential in nature and, therefore
they will remain in absolute confidentiality and cannot be disclosed by any
from them to a third party without prior written consent from the holder of the
information, until no less than two (02) years have passed from the
expiration or termination of this Contract.
Consequently, the Marketer acknowledges that the terms and
conditions of the products marketed by LA POSITIVA are
intellectual creation of the latter and THE POSITIVE recognizes that the
Information provided about your clients is the property of
Marketer, which is why both commit to keeping
absolute confidentiality about them, leaving express notice
that the commitment undertaken even reaches the content of the
conversations and ongoing negotiations.
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Likewise, due to what is stated in the preceding paragraph, The Marketer
They explicitly recognize that the violation of the
the commitments made can lead not only to the filing of lawsuits
for damages compensation, but also criminal actions for
the aggrieved parties.
TWELFTH: EXPENSES
Both parties declare that they will assume all expenses that individually
they compete for the development of their respective activities and costs
direct or indirect, as the case may be, as well as with the obligations of
any nature assumed by each of them in relation to third parties, at
Peruvian state, banking and financial entities, suppliers, service providers
of contracted personal services, and any other natural person or
legal. Neither party will assume the expenses derived from the development of
the activities specific to the other.
THIRTEENTH: NON-EXISTENCE OF LABOR RELATIONSHIP
It is expressly established that this contract is one of
civil nature and therefore, neither the Marketer nor its staff
They maintain some employment relationship with THE POSITIVE or vice versa.
FOURTEENTH: APPLICABLE LAW, DOMICILE, AND JURISDICTION
This Contract is entered into in accordance with Peruvian laws.
The parties indicate their addresses as those mentioned in the introduction of
this Contract, any modification shall have no effect to the extent
that had not been communicated previously to the other party.
The parties agree to submit any controversy or conflict that may arise
arise among them as a consequence of the interpretation or execution of the
present Contract, including those related to its nullity and invalidity, to the
competence and jurisdiction of the Judges and Courts of the city of Lima,
expressly waiving any jurisdiction that their domiciles may have
to correspond to them.
FIRST ADDITIONAL CLAUSE: THE POSITIVE is obliged to
to reimburse the client on their own behalf or through
Marketer, the amount corresponding to the premiums of the insurance
in all those cases where an incorrect has occurred
subscription of the latter or in all those cases where there is one
variation of insurable conditions in people or assets
insureds that locate these outside the scope of the Coverages of
the Policy. In this last case, the premium to be refunded will be due only
from the moment the above-mentioned variation has occurred,
situation that will also involve the cancellation of the respective Policy
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In sign of conformity, the parties sign this Contract in triplicate.
3 original copies in the city of Huancayo, on the 31st day of January
from 2014.
___________________________ ________________________________
MARKETER LA POSITIVA INSURANCE AND REINSURANCE
___________________________
CORRIDOR
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