Terms & Conditions — Guardian Benefits Inc.
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Terms & Conditions

Guardian Benefits Inc. | Effective Date: January 1, 2025

Last Updated: January 1, 2025

1. Acceptance of Terms

By accessing or using the website located at guardian-benefits.com (the "Site"), submitting an application, or engaging with Guardian Benefits Inc. ("Guardian Benefits," "Company," "we," "us," or "our") in any capacity, you ("User," "Agent," or "Applicant") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the Site or submit any applications.

These Terms apply to all visitors, agents, agency owners, and others who access or use the Site or engage with our services.

2. Nature of Services

Guardian Benefits Inc. is an Insurance Marketing Organization (IMO/FMO) that facilitates contracting between independent insurance agents and insurance carriers. We provide:

  • Agent and agency contracting and appointment services with insurance carriers
  • Training, marketing support, and technology tools for insurance professionals
  • Lead programs and marketing resources (subject to separate agreements)
  • Commission processing and reporting services

Guardian Benefits is not an insurance company and does not underwrite, issue, or guarantee any insurance policies. All insurance products are offered through licensed carriers and are subject to their respective terms, conditions, and state approvals.

3. Eligibility

To apply to become a partner agent or agency of Guardian Benefits, you must:

  • Be at least 18 years of age
  • Hold a valid resident insurance license in your home state (or be actively pursuing licensure)
  • Comply with all applicable state and federal insurance laws and regulations
  • Not have had your insurance license revoked, suspended, or subject to disciplinary action that has not been resolved

Guardian Benefits reserves the right to deny any application at its sole discretion.

4. Agent and Partner Responsibilities

If you are approved as a partner agent or agency, you agree to:

  • Maintain all required state insurance licenses and carrier appointments in good standing
  • Complete all required carrier certifications, including annual AHIP certification for Medicare products
  • Comply with all applicable federal and state insurance laws, CMS regulations, and carrier-specific compliance requirements
  • Never engage in misrepresentation, fraud, or unfair insurance practices
  • Maintain the confidentiality of client information in compliance with applicable privacy laws (HIPAA, etc.)
  • Notify Guardian Benefits promptly of any license suspension, revocation, or regulatory action
  • Conduct business in a professional and ethical manner consistent with industry standards

5. Commissions and Compensation

Commission structures, overrides, and bonuses are governed by the separate Agent Agreement or Agency Agreement executed between you and Guardian Benefits Inc. and/or the applicable insurance carrier(s). Key terms include:

  • Commissions are paid in accordance with carrier payment schedules and Guardian Benefits' commission structure
  • Commissions are subject to charge-back in the event of policy cancellation within carrier-specified periods
  • Guardian Benefits is not responsible for delays in commission payment caused by carrier processing timelines
  • Commission rates are subject to change with notice, in accordance with carrier or regulatory requirements
  • Override and downline compensation for agency owners is subject to maintaining minimum production requirements as specified in the applicable agreement

6. Intellectual Property

All content on the Site, including but not limited to logos, text, graphics, images, and software, is the property of Guardian Benefits Inc. or its licensors and is protected by applicable intellectual property laws. You may not:

  • Reproduce, distribute, or display Site content without written permission
  • Use Guardian Benefits' name, logo, or branding in any manner that implies endorsement without prior written consent
  • Scrape, crawl, or systematically extract data from the Site

Marketing materials provided to partner agents are licensed for use solely in connection with the promotion of products through Guardian Benefits and may not be used for any other purpose.

7. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GUARDIAN BENEFITS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Guardian Benefits does not warrant that:

  • The Site will be uninterrupted, error-free, or free of viruses
  • The information on the Site is complete, accurate, or current
  • Any particular commission level, lead volume, or business outcome will be achieved by any agent or agency

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUARDIAN BENEFITS INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF COMMISSIONS, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SITE OR OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for any claim arising from or related to these Terms or our services shall not exceed the total commissions paid to you by Guardian Benefits in the three (3) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Guardian Benefits Inc. and its officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms; (b) your violation of any applicable law, regulation, or carrier requirement; (c) any misrepresentation made to a client or prospective client; or (d) your use of the Site or our services.

10. Termination

Guardian Benefits reserves the right to terminate or suspend your access to our services and partnership at any time, with or without cause, including for violation of these Terms, any agent agreement, carrier requirements, or applicable law. Upon termination:

  • Your right to use Guardian Benefits' marketing materials and technology tools ceases immediately
  • Earned commissions for completed and in-force business will be paid per the applicable agent agreement
  • Any pending contracting applications may be withdrawn

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms shall first be submitted to good-faith mediation. If mediation is unsuccessful, disputes shall be resolved by binding arbitration in Palm Beach County, Florida, in accordance with the rules of the American Arbitration Association. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction.

12. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection and use of your information as described in the Privacy Policy.

13. Modifications to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a new effective date. Your continued use of the Site or our services after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy and any executed Agent or Agency Agreement, constitute the entire agreement between you and Guardian Benefits with respect to your use of the Site and our services, and supersede all prior agreements and understandings.

16. Contact Us

If you have questions about these Terms and Conditions, please contact us:

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