Commissions or Referrals Fees Paid in Error. In the event Aetna pays a Commission or Referral fee to Upline or Agent due to error, regardless of the party responsible for the error, Aetna may collect such amount thereof directly from Upline, offset any future Commissions, Referral fees or any other amounts payable to Upline by Aetna against such amount, or in the case of an underpayment pay such amount due to Upline; provided, however, that: (a) in the case of an underpayment or no payment, Aetna is not required to pay any amount due to Upline or Agent if Upline does not notify Aetna of such underpayment within 24 months of the date of the erroneous Commission or Referral fee payment or for a missing payment, within 24 months of the policy effective date; and (b) in the case of an overpayment, Aetna may only seek a refund of a Commission overpayment if Aetna notifies Upline within 24 months of the date of the erroneous payment. If Aetna has initiated a collection related to a Commission or Referral fee overpayment within the 24 month period described in the preceding sentence, then there shall be no time limit, subject to state law, on Aetna’s ability to pursue collection of such overpayment. This 24 month limitation on any erroneous Commission or Referral fee payment shall not apply (i) in cases of fraud or violations of Applicable Law by Upline or Agent or (ii) a determination by CMS that a person was improperly enrolled or not enrolled in a Medicare Product. In instances where Upline or Agent was paid a Commission or Referral Fee that was in violation of Applicable Law or which involved fraud, Aetna also shall have the right, without time limitation, to offset any amounts due from Upline to Aetna under this Agreement against any amounts payable to Upline under this Agreement or otherwise. These rights are in addition to any other rights or remedies Aetna may have under this Agreement or otherwise.
