MSS Agreement

Virginia Farm Bureau Mutual Insurance Company

Member Service Specialist’s Agreement

This Agreement made and entered into on the date hereinafter set forth, by and between Virginia Farm Bureau Mutual Insurance Company, a Virginia corporation, hereinafter referred to as “Company”, and the undersigned person, hereinafter referred to as “Member Service Specialist”.

RECITALS

In consideration of the mutual obligations of the parties hereto, it is agreed as follows:


A red asterisk (*) indicates required questions.

1. Member Service Specialist shall not have the power to, or shall he/she make, alter, or discharge any contract of insurance; waive any forfeiture; waive payment of cash; extend the time of payment of any premium; extend any premium note; name special rates; nor guarantee dividends. Member Service Specialist shall not incur any indebtedness or liability on behalf of the Company in any manner whatsoever.


Member Service Specialist shall not negotiate, solicit or effect contracts of insurance for the Company.


3. Member Service Specialist acknowledges that the list of the Company’s customers, as it may exist from time to time, is a valuable, special, unique asset of the Company’s business. Member Service Specialist will not, during or after the term of his/her employment, disclose the list of the Company’s customers or any part thereof to any person, firm, corporation, association, or other entity for any reason or purpose whatsoever. Member Service Specialist agrees that the list of Company’s customers is a “Trade Secret” as defined in Section 59.1-336 of the Code of Virginia.


4. Member Service Specialist will not during the term of his/her employment by the Company nor for one (1) year immediately following termination of his/her employment (whether such termination is voluntary or involuntary), within the Member Service Specialist’s territory as herein described, for himself/herself, nor as an employee, agent, or partner of any firm, person, organization, sell, or attempt to sell, insurance in competition with the Company and its affiliates. Member Service Specialist further agrees that upon termination of his/her employment (whether such termination is voluntary or involuntary), with the Company, he/she will retain no records containing names, addresses, or any other information concerning policyholders of the Company or its affiliates.


5. Member Service Specialist's territory to which all covenants and restrictions contained in this Agreement shall apply is designated and described as a 25 mile radius form the address of the county office in which the Member Service Specialist works.


6. Member Service Specialist agrees that the time and territory restrictions upon competing with the Company are necessary for the protection of the Company and are reasonable in their duration and scope. Member Service Specialist agrees that this is true because: the territorial restriction is directly related to the territory for which the member Service Specialist has access to customer information; and the time restriction is directly related to the normal renewal period of insurance policies. In the event of a breach or threatened breach by the Member Service Specialist of the provisions of this Agreement, the Company shall be entitled to an injunction restraining the Member Service Specialist from selling, or attempting to sell, insurance in competition with the Company. The Company shall also be entitled to recovery of its attorney’s fees and costs incurred in any action in which the Company prevails. Nothing herein shall be construed as prohibiting the Company from pursuing any other remedies available to the Company for such breach or threatened breach.


7. The parties hereto agree that should any provision of this agreement be found unenforceable, for any reason, such provision shall be severed from the remainder of this Agreement and the validity and enforceability of the remainder of this Agreement shall not be affected and shall remain in full force as if such provision had never been included in such Agreement. Further, the court may modify the provisions of this Agreement to the extent any such provision is found to be unreasonable and/or overboard.


8. Full-time and part-time Member Service Specialists are required to obtain a Property & Casualty and Life & Health license within six months of hire. There may be exceptions to the Life & Health License requirement if exempted in writing by the Director of Field Operations. Failure to obtain these licenses may result in termination of employment with Virginia Farm Bureau Mutual Insurance Company. Management has the right to review each case prior to termination.


9. This Agreement supersedes any and all prior agreements between Member Service Specialist and the Company; however, any covenants and restrictions contained in such prior agreement shall continue until the expiration of their term, running from the execution of such new agreement.


Enter Employee Number*


IN WITNESS to their agreement to the terms and conditions set forth above, the parties have executed this Agreement on the date set forth across from their names.

Member Service Specialist Name*


Date in xx/xx/xxxx format*




Templates provided by QUIA.COM.