Welcome to the official rules for Bold Penguin’s #bindislife Monthly Incentive (“Promotion”). These terms and conditions explain how the Promotion works, who is eligible to participate, and the rules you must follow. Your participation in this Promotion confirms that you have read, understood, and agreed to all these terms.
1. General Promotion Rules and Eligibility
- Promotion Period: Beginning 12:00am ET on October 1st through 11:59pm ET on October 31st, Terminal customers will receive $25 (twenty-five dollars) for every new commercial policy bound through a Bold Penguin Market Access appointment or the Bold Penguin Placement Desk. Policy renewals are not eligible.
- Eligibility: You must be a current Bold Penguin Terminal customer in good standing. For the purposes of this Promotion, 'in good standing' means the customer's Bold Penguin Terminal subscription is active, all associated payments are current, and ensuring that any policy bound for this promotion is not subject to a 'flat' cancellation and remains in force. Single Access Terminal customers are not eligible to participate.
- How to Participate: To earn the $25 bonus, agents must bind a new commercial insurance policy either through a Bold Penguin Market Access appointment or the Bold Penguin Placement Desk. If you bind multiple lines of business in a single policy transaction (package/bundled policy), each line of business will count separately for purposes of the award.
- Verification: Bold Penguin reserves the right to validate agent eligibility and policy validity before or after awarding promotional amounts.
2. Payout and Reporting Details
- Incentive Amount: $25 (twenty-five dollars) payable per valid new policy bind.
- Payment Schedule and Method: Your total promotional earnings (aggregate) will appear as a separate line item on your monthly Bold Penguin commission statement. Payment will be remitted via EFT (ACH) at the end of the month in which the incentive bonus is earned, in conjunction with the processing of commission payments.
- Tax Responsibility: You are entirely responsible for all federal, state, and local taxes on the incentive payments. Bold Penguin will issue a Form 1099 to agents who receive payments over the legal reporting threshold.
3 Legal Protections and Risk Management
- Governing Law and Jurisdiction: This Promotion is governed by and shall be construed in accordance with the laws of the State of Ohio, in all respects, without regard to choice or conflicts of law rules, and all disputes arising out of or relating to this Promotion are limited to the exclusive jurisdiction and venue of the state and federal courts located in Franklin County, Ohio.
- Limitation of Liability: We will not be responsible for any indirect, special damages, or consequential damages, and our total financial responsibility to you is limited to direct damages that arise directly from the Promotion.
- Indemnification: You agree to defend, indemnify, and hold Bold Penguin harmless from any claims, damages, liabilities, or expenses (including legal fees) that arise from your participation in the Promotion.
4. Intellectual Property and Use of Data
- Intellectual Property Rights: All Bold Penguin intellectual property (e.g., logos, technology, trademarks) remains Bold Penguin property and you have no rights to it outside of any rights expressly granted for the Promotion.
- Agent's Representations: By participating in this Promotion, you represent and warrant that you are properly licensed, authorized to conduct business, and that your participation in the Promotion will not violate any law, regulation, or contract.
- Data Collection and Privacy: Your participation in this Promotion may involve the collection and use of personal data (e.g., name, contact information, bound policy data). By participating, your consent to the data practices in our Privacy Policy.
5. Miscellaneous Clauses
- Right to Modify or Terminate: Bold Penguin reserves the right to modify, suspend, or terminate this Promotion without notice at any time and for any reason.
- No Partnership or Employment Relationship: Your participation in this Promotion does not create an employment, partnership, joint venture, or agency relationship between you and Bold Penguin.
- Severability: If any part of these T&Cs is found to be unenforceable, the remaining provisions will still be valid and in effect.
- Entire Agreement: These T&Cs represent the complete and final agreement between you and Bold Penguin regarding this Promotion, superseding all prior communications or understandings. Notwithstanding the foregoing, your use of Terminal and the Placement Desk remain subject to the terms of service you executed separately with Bold Penguin specifically relative to those services.
- Sponsor Decisions: All decisions by Bold Penguin regarding participant eligibility and the interpretation of these terms and conditions are final and binding in all respects.