Agent of Record Provided that Agent (1) continues to be designated by a group as the Agency/Agent with respect to such group, e.g. “Agent of Record,” and (2) performs services related to such group in a manner satisfactory to Delta Dental, then for all new business and all business renewing, Delta Dental will pay Agency/Agent commissions at the times and in the amounts set forth on the then published Group Product Commission Schedule. Commission for fully insured groups will be based on paid premium. Should Agency/Agent negotiate to be paid commissions for specific groups that deviate from the Group Product Commission Schedule, the commission will be disclosed, and it will be acknowledged by Agency/Agent by virtue of Agency/Agent’s signature on the group’s Delta Dental Employer/Client Information Form and Agreement. In no event will Delta Dental pay Agency/Agent any commissions for any time period occurring after any expiration or termination of this Agreement. Notwithstanding any other provisions of this Agreement, no commission shall be paid to Agent for any group on or after the date the group withdraws its appointment of Agency/Agent as the group’s Agent of Record, whether by affirmative withdrawal or by appointment of another agency or agent as Agent of Record for such group. Delta Dental may report in accordance with applicable state and/or federal regulations to Agency’s or Agent’s designated groups all commissions paid to Agency/Agent for work performed on behalf of such groups. Agency or Agent shall disclose in writing to the client, in advance of the purchase of business, the nature of any compensation the Agency or Agent will or may receive or be eligible to receive from Delta Dental in connection with the placement or servicing of the client’s business, as well as the nature of any other material business relationship between the Agency or Agent and Delta Dental. This requirement is a condition to eligibility for receiving compensation under Delta Dental’s agency/agent compensation program as described in this Agreement. Delta Dental will report to Agency’s or Agent’s designated clients all commissions paid to Agency or Agent for work performed on behalf of such clients. New and Renewal Business Commission Schedule COMMISSION SCHEDULE CLIENT SIZE STANDARD PERCENT OF PREMIUM OR ADMINISTRATIVE FEES & CLAIMS PAID 1 to 24 subscribers 10.00% 25 to 49 subscribers 7.75% 50 to 99 subscribers 6.25% 100 to 199 subscribers 4.75% 200 to 499 subscribers 3.00% 500 to 999 subscribers 2.00% 1,000 to 2,499 subscribers 1.20% 2,500 to 4,999 subscribers 0.70% 5,000 or more subscribers Negotiated on a client-by-client basis Commission Payment. Subject to the conditions of this Agreement, Delta Dental will pay commissions monthly based upon applicable premiums or administrative fees or as negotiated, if any, paid in cash and received by Delta Dental in the previous month, provided this Agreement has not expired or terminated or the group has not withdrawn its appointment of Agent or appointed another agency or agent as its Agent of Record prior to the last day of the previous month. If the monthly Agent commission does not exceed twenty-five dollars ($25.00), Delta Dental shall not be obligated to produce a commission check until the commission sum exceeds twenty-five dollars ($25.00) or at a minimum, once per calendar year. If any application is rejected or any Group Product is cancelled or defaulted on, in whole or in part, for any reason, before the expiration of the contract period, or if any overpayment is made to Agent, the pro rata compensation paid to the Agent on the value of the Group Product cancelled or defaulted on or the amount overpaid the Agent shall be charged to the Agent and shall constitute an indebtedness of the Agent to Delta Dental. Overpayment. If any application is rejected or any client contract is cancelled or defaulted on, in whole or in part, for any reason, before the expiration of the contract period, or if any overpayment is made to Agency or Agent, the pro rata compensation paid to the Agency or Agent on the amount of the contract cancelled or defaulted on or the amount overpaid the Agency or Agent shall be charged to the Agency or Agent and shall constitute an indebtedness of the Agency or Agent to Delta Dental. EXHIBIT B – EXCHANGE MARKET PRODUCTS ONLY Any Agent that is marketing, promoting and selling various types of Products in the State and/or Federally funded Exchange(s) pursuant to the Patient Protection and Affordable Care Act (“PPACA”) will be subject to this Exhibit, which may change from time to time as the rules and requirements of the Exchange may change. The most recent version of this Exhibit shall be binding on all Agents that sell any Delta Dental Exchange Products.
