Professional Documents
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Nan Noom Hom FA
Nan Noom Hom FA
THIS AGENCY TRAINEE AGREEMENT (the “Agreement”) is made on the ....... day of ....... 2020.
BETWEEN:
and
Such parties are hereinafter referred to collectively as the “Parties” or individually as a “Party”.
1.1 enroll and attend the Chubb’s Quality Agency Training Program including
induction training program;
1.2 sit and pass the qualification examination conducted by the Myanmar Insurance
Association or such other examination body appointed by the Regulator and
comply with the prescribed education requirements;
1.3 apply for and receive the License issued by the Regulator to be authorized to
solicit, negotiate and sell Insurance Products for and on behalf of Chubb; and
2. The following attached Appendices shall be incorporated and form an integral part of this
Agreement:
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2.2 Appendix B – Agency Trainee Remuneration;
2.4 Any other documents entered into and signed by both Parties.
3. Notwithstanding the Parties undertake to comply with provisions of this Agreement, Chubb
shall have the right to unilaterally alter, amend and/or terminate any of the documents
provided in Clause 2 above from time to time without requiring the consent or signature of
the Agency Trainee.
4. This Agreement comprises of two (2) copies in the English language with a copy held by
each Party. This Agreement comes into effect on the signing date.
IN WITNESS whereof the Parties hereto have signed this Agreement on the date first above written.
........................................................................
Name: Nguyen Hong Son
Title: Country President
The Agency Trainee hereby confirms that he/she has fully read, understood and agreed to the terms
and conditions of this Agreement, together with the Appendices attached hereto, and has
accordingly signed this Agreement on the date and year as set out on this page below.
Date: ....................................................................................
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Appendix A
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“Qualification Examination” means the examination to be taken and passed by the Agency
Trainee to be a Licensed Insurance Agent;
“Regulator” means the Insurance Business Regulatory Board (“IBRB”), Government
department and its Secretariat (the Financial Regulatory Department (“FRD”)or authority
governing, licensing and supervising the Business in the Territory;
“Training Program” means the program created and used by Chubb to train the Agency
Trainee, which may be revised from time to time;
“Territory” means the Republic of the Union of Myanmar;
“Agency Trainee” means the individual referred as the Insurance Trainee in this
Agreement; and
“Agency Trainee’s Remuneration” means the monetary allowances or bonuses that the
Agency Trainee is entitled to receive under Appendix B subject to Clause 9.
1.2 In this Agreement, unless the context otherwise requires:-
1.2.1 words denoting the singular shall include the plural and vice versa;
1.2.2 references to any gender include all genders; and
1.2.3 references to the word “include” or “including” are to be construed without
limitation.
2. Appointment
2.1 Chubb hereby appoints the Agency Trainee to be a Sales Trainee until termination under
Clause 14 hereinbelow.
2.2 Following appointment under Clause 2.1, the Agency Trainee shall sit and pass the
Qualification Examination conducted by the Myanmar Insurance Association or such other
examination body appointed by the Regulator and comply with the prescribed education
requirements. Chubb shall have the sole option to decide the number of attempts the
Agency Trainee shall have to pass the Qualification Examination.
3. Agency Trainee’s Obligations
3.1 During the continuation of this Agreement, the Agency Trainee shall:
3.1.1 attend the Training Program and participate in the Activities;
3.1.2 apply to sit the Qualification Examination at the earliest opportunity;
3.1.3 enter into an Agent Contract to be an exclusive Licensed Agent of Chubb after
passing the Qualification Examination;
3.1.4 faithfully and diligently work for Chubb during the Term of this Agreement until
termination under Clause 14;
3.1.5 not represent and shall be prohibited from being employed, engaged by or
serving any insurance competitor of Chubb for compensation or otherwise;
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3.1.6 immediately notify Chubb of any event including but not limited to arrest,
disciplinary notice, bankruptcy, incapacity or failure to comply with any obligation
under this Agreement; and
3.1.7 comply with all requests, instructions and directions issued by Chubb.
3.2 Upon passing the Qualification Examination referred to under Clause 2.2 and at Chubb’s
request, the Agency Trainee shall apply and obtain the license issued by the Regulator to
solicit, negotiate and sell Insurance Products for Chubb at the earliest opportunity.
4. Limitations on Agency Trainee’s Authority
4.1 The Agency Trainee shall not until licensed:
4.1.1 advise, negotiate or sell any Insurance Products of Chubb to a third party;
4.1.2 request or collect premium from a third party; and
4.1.3 bind Chubb to any contractual arrangement with a third party.
5. Agency Trainee’s Remuneration
5.1 In considerations of the obligations undertaken by the Agency Trainee under this
Agreement and subject to the Agency Trainee complying with such obligations under this
Agreement and any other conditions prescribed by Chubb from time to time, the Agency
Trainee shall be entitled to the Agency Trainee’s remunerations set out in Appendix B
herein.
6. Data Collection
6.1 Chubb shall from time to time collect the personal data or information of the Agency
Trainee for the purposes of considering his/her application to become an Agency Trainee
of Chubb and administering such relationship including the matters set out in this
Agreement. The Agency Trainee is required to provide such personal data or information,
failing which Chubb shall be unable to process his/her application or deal effectively with
such matters. The Agency Trainee hereby consents to Chubb obtaining, holding and using
such personal data or information for such purposes including contacting his/her past
employers, transferring such personal data or information to other Group Companies, debt
collection agents or law firms appointed by Chubb, or such corporations or persons for the
purposes of this Agreement, or disclosing such personal data or information to any parties
as required by the Regulator or laws, whether within or outside the Territory.
6.2 The Agency Trainee undertakes to notify Chubb of any changes to his or her personal data
or information within thirty (30) days of the change or within the time limit requested by
Chubb, whichever is earlier.
6.3 The Agency Trainee grants Chubb the authority and right to freely use his/her name,
photo, address, identity card number, code, and other personal information related to the
Agency Trainee for any purpose required by Chubb.
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7. Confidentiality
7.1 Except as provided by Clause 7.2 below, the Agency Trainee shall ensure that he/she at all
times during the continuance of this Agreement and for one (1) year after the termination
of this Agreement:-
7.1.1 use his/her reasonable endeavors to keep all Confidential Information
confidential and accordingly not to disclose any Confidential Information to any
other person; and
7.1.2 not use any Confidential Information for any purpose other than the performance
of his/her obligations under this Agreement.
7.2 During the continuance of this Agreement, any Confidential Information may be disclosed
by the Agency Trainee with the expressed consent of Chubb to:-
7.2.1 any prospective policyholder, policyholder or insured;
7.2.2 any governmental or other authority or regulatory body; or
7.2.3 any employees of Chubb,
to such extent only as is necessary for the purposes required by law and subject in each
case to the Agency Trainee using his/her reasonable endeavors to ensure that the person
in question keeps the same confidential and does not use the same except for the
purposes for which the disclosure is made.
7.3 Notwithstanding the above, the Agency Trainee is responsible for keeping secret
Confidential Information and undertakes not to disclose Confidential Information to any
third party at any time and for any reason without the prior written consent of Chubb.
7.4 This Agreement contains Confidential Information and should not be discussed or disclosed
to any third party without the prior written consent of Chubb.
7.5 This Clause 7 shall survive the termination of this Agreement.
8. Intellectual Property Rights
8.1 The Agency Trainee acknowledges that any and all Materials provided to him/her during
the Term of this Agreement belong to Chubb together with any Intellectual Property
attached thereto.
8.2 Any Intellectual Property created by the Agency Trainee in the course of serving Chubb
shall belong to Chubb and the Agency Trainee undertakes to transfer or procure the
transfer of the Intellectual Property rights to Chubb.
9. Set Off
9.1 Chubb shall be entitled but not obliged at any time or times without notice to the Agency
Trainee to set off any liability of the Agency Trainee to Chubb in whatsoever nature against
any liability of Chubb to the Agency Trainee in whatsoever nature (in either case
howsoever arising and whether any such liability is present or future, liquidated or
unliquidated and irrespective of the currency of its denomination and includes:
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9.1.1 any Agency Trainee’s remunerations or other benefit owed by Chubb to the
Agency Trainee; and
9.1.2 any advance payment of performance-based allowances or bonuses provided by
Chubb from time to time; and
9.1.3 any other sums in whatever nature payable or refundable by Chubb to the
Agency Trainee or by the Agency Trainee to Chubb) and may for such purpose
convert or exchange any currency into or for any other currency in order to give
commercial effect to the provisions of this Clause. Any exercise by Chubb of its
rights under this Clause shall be without prejudice to any other rights or remedies
available to it under this Agreement or otherwise.
10. Claw Back
10.1 Chubb reserves the right at any time to recover or seek refund from the Agency Trainee
any amount including Agency Trainee’s Allowances paid to Agency Trainee upon:
10.1.1 Discovery of a breach of this Agreement by the Agency Trainee; or
10.1.2 Resignation of the Agency Trainee within 24 months from date of this Agency
Trainee Agreement.
11. Code of Conduct and Ethics of the Agency Trainee
11.1 The Agency Trainee shall not during the continuance of this Agreement:-
11.1.1 receive any commission on the sale of Insurance Products;
11.1.2 any gift of cash including any cash rebate (i.e. payment of cash back to the
policyholder) of any premium, fees or charges previously paid by the
policyholder. Such rebates or any analogous payment are strictly prohibited;
11.1.3 receive a gift which creates any actual or potential conflict with the Agency
Trainee and Chubb;
11.1.4 make any misrepresentation or any incomplete or inaccurate comparison, for the
purpose of inducing anyone to convert, lapse, forfeit, surrender or otherwise
offer him / her an Insurance Products;
11.1.5 do anything which may bring Chubb into disrepute or may have a detrimental
effect on Chubb including an investigation or audit by the Regulator; and
11.1.6 be employed or engaged to provide services whatsoever to any competitor of
Chubb.
11.2 The Agency Trainee shall during the continuance of this Agreement comply with Chubb’s
Code of Conduct and any other code, rule or guideline issued by Chubb from time to time.
12. Compliance
12.1 The Agency Trainee is in compliance and shall comply with all laws, rules, regulations, or
other binding restrictions of or by any governmental authority or Regulator in connection
with (i) export or import clearance and has obtained all applicable permits; (ii) applicable
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anti-bribery legislation including the U.S. Foreign Corrupt Practices Act; and/or (iii) any
applicable privacy or data protection under this Agreement.
12.2 Agency Trainee represents and warrants no part of the compensation under this
Agreement shall be paid to any Government Official for the purpose of obtaining or
retaining business or improper advantage.
13. Audit
13.1 The Agency Trainee shall perform the following:
13.1.1 Complete and submit all reports and records to Chubb upon request from time to
time;
13.1.2 retain and maintain up-to-date all Materials relating to the Agency Trainee’s
activities; and
13.1.3 strictly obey all instructions and requirements issued by Chubb with creating and
retaining Materials.
14. Termination
14.1 Either Party may terminate this Agreement by giving the receiving Party at least: (i) thirty
(30) days for Sales Trainee; or (ii) sixty (60) days for Leader Trainee prior written notice
before the effective date of termination, and in the case of the Agency Trainee such
termination shall only be valid on a form approved by Chubb. Chubb’s decision of the
effective date of termination shall be final.
14.2 Chubb may also terminate this Agreement with immediate effect upon the following event
occurring, where the Agency Trainee:-
14.2.1 is in breach or fails to comply with any obligations under this Agreement or
instruction issued by Chubb;
14.2.2 fails to pass the Qualification Examination on the attempt requested by Chubb
and at Chubb’s sole option decides to terminate this Agreement;
14.2.3 defrauds or assists with defrauding Chubb in relation to the Agency Trainee’s
personal data, documents, paperwork, qualifications or experience;
14.2.4 is deemed by the Regulator not to meet the fit-and-proper criteria;
14.2.5 where the Agency Trainee is subject to any disciplinary procedure of Chubb and
the decision of Chubb is to terminate this Agreement;
14.2.6 fails to meet the standards or requirements expected of the Agency Trainee as
directed by Chubb from time to time;
14.2.7 collects Premium paid by a third party without authorization;
14.2.8 dies or becomes disabled (whether permanent or temporary);
14.2.9 is charged or sentenced to imprisonment including temporary detention or loses
all or part of his civil liberties;
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14.2.10 has a petition for bankruptcy presented against him/her or becomes bankrupt or
makes any arrangement (including a voluntary arrangement), general assignment
or composition for the benefit of his/her creditors, or suspends the Agency
Trainee’s usual business or any substantial part thereof;
14.2.11 is or is deemed to be unable to pay his/her debts under any Bankruptcy Laws in
force from time to time;
14.2.12 has any judgement entered against him/her which for a period of thirty (30) days,
unless execution thereof has been stayed during the said 30-day period, shall
neither be paid or discharged, or if execution of any judgement shall be levied
against the Agency Trainee;
14.2.13 fails to comply with any rules, regulations, statutes, policies, guidelines,
handbooks, processes, notices, internal Code of Conduct or other documents
issued by Chubb, regardless of whether the Agency Trainee has been disciplined;
14.2.14 during the continuance of this Agreement, the Agency Trainee (i) applies to be an
employee for another insurance company or insurance related business including
banks; or (ii) participates or is participating in insurance training courses of
another insurance company for the purpose of working for those companies; or
(iii) is already a licensed person of another insurance company; or (iv) joins a
multi-level marketing organization or financial investment with an insurance
element;
14.2.15 fails to attend or only attends in part with the Activities;
14.2.16 fails to attend meeting of Chubb as directed in relation to the Activities; or
14.2.17 breaches any laws or regulations resulting in loss, damage, fine or penalty to
Chubb or infringes the lawful rights and benefits of the Customer.
14.3 Chubb reserves the right to terminate this Agreement where it ceases or suspends its
business operations in the Territory. The effective date of termination shall be the date of
the decision of the Company ceasing or suspending business operation notwithstanding
Clause 14.1.
15. Consequences of Termination
15.1 The Agency Trainee shall immediately:
15.1.1 deliver to Chubb any and all Materials relating to the Training Program, Insurance
Products, Business or Confidential Information provided by Chubb;
15.1.2 return all equipment to Chubb including unlocking any electronic devices
provided to the Agency Trainee or Materials provided to the Agency Trainee
during the course of this Agreement; and
15.1.3 not make, write, publish or distribute any materials or statements that derogates
or injure the goodwill or reputation of Chubb and its employees, agents, or
representative.
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16. Indemnity
16.1 The Agency Trainee shall defend, indemnify and hold Chubb harmless against any and all
claims, demands, suits, proceedings, losses, damages, liabilities, costs and expenses
(including attorney’s fees and expenses) suffered or incurred by Chubb resulting from a
fault and/or a breach of this Agreement by the Agency Trainee and/or claims against
Chubb from any third party as a result of the Agency Trainee’s conduct of his/her
acts/omissions. Chubb shall have the right to deduct from the Agency Trainee’s
remunerations and any payable or future incomes of the Agency Trainee any debts,
financial obligations, indemnifications borne by the Agency Trainee. If Chubb has already
made deduction but such deduction is insufficient to cover the Agency Trainee’s obligation
or responsibility, the Agency Trainee shall be obliged to pay the outstanding balance to
Chubb upon demand within the time limit set by Chubb.
16.2 This Clause 16 shall survive the termination of this Agreement.
17. Assignment
17.1 This Agreement is personal to the Agency Trainee and is prohibited from assigning,
transferring or sub-contracting this Agreement or his/her Agency Trainee’s remunerations
to any other third party under any circumstances.
17.2 Chubb may transfer, partially or entirely, this Agreement to an individual, subsidiary,
affiliate, joint venture company, partners, or any other organization.
18. Notices
18.1 Any notice or other information required or authorized by this Agreement to be given by
either Party to the other may be given by hand or sent (by pre-paid post, e-mail or
facsimile transmission, to the other Party at the postal address, e-mail address or facsimile
number of the relevant Party set out on the first page of this Agreement, or to such other
postal address, e-mail address or facsimile number as may from time to time be notified in
writing by the Party concerned to the other Party). Notices sent by the Agency Trainee
must be marked for the attention of the Chief Agency Officer of Chubb.
18.2 Any notice or other information given by post pursuant to Clause 18.1 shall be deemed to
have been received on the second (2nd) day after the envelope containing the same was so
posted; and proof that the envelope containing such notice or information was properly
addressed and posted, shall be sufficient evidence that such notice or information has
been duly given.
18.3 Any notice or other information sent by e-mail or facsimile transmission shall be deemed
to have been received at the time of transmission supported by the report generated by
the e-mail server or facsimile machine.
19. Agency Trainee as Independent Contractor
19.1 Pursuant to Clause 2, the Agency Trainee acknowledges and agrees that he/she is
appointed as an independent contractor of Chubb.
19.2 Nothing in this Agreement shall establish, or be deemed to establish, a partnership or the
relationship of employer and employee between the Parties.
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20. General
20.1 This Agreement supersedes all prior discussion, representations, negotiations or
agreement between the Parties with respect to the Agency Trainee’s Activities.
20.2 Chubb has the right to unilaterally change, amend or abrogate the Terms and Conditions of
this Agreement, the Agency Trainee’s Remunerations, Code of Conduct, Code of
Professional Ethics and other processes, policies, guidelines, regulations, memos and/or
other documents relating to the Activities and Training Program issued by Chubb from time
to time.
20.3 If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding,
such provision shall be severed and shall be inoperative, and, provided that the
fundamental terms and conditions of this Agreement remain legal and enforceable, the
remainder of this Agreement shall remain unchanged and binding on the Parties.
20.4 For any matter that is not specifically provided herein, the laws of the Territory shall be
applied from time to time.
21. Agreement Duration
This Agency Trainee Agreement shall take effective from the date of signing and, unless
terminated early in accordance with Article 14, will be automatically ceased upon the
event of the Agency Trainee enters into an Agent Contract with Chubb; or after six (06)
months from the date of signing, whichever happens earlier, if the Parties have no other
agreement.
22. Governing Law
22.1 This Agreement shall be governed by laws of the Republic of the Union of Myanmar.
22.2 Any dispute arising from or related to this Agreement shall be resolved by amicable
negotiation. If such negotiation and/or mediation should fail, the dispute may be
submitted to the competent courts for resolution and settlement.
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Appendix B
(a) Basic
Attendant Allowance: 15,000 MMK due for each full-day attendance to licensing
training held by Chubb. This Allowance is payable upon
successfully passing the Qualification Examination and signing
the Agency Contract with Chubb.
Qualification Examination: reimbursed by Chubb after one (1) month of signing the Agency
Contract and one (1) Insurance Policy issued to a policyholder
referred by the Agency Trainee.
1,200,000 250,000
2,000,000 400,000
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• Requirements on Team Head Counts (“HC”) and Team’s Number of Active Agents
(i.e., “Active HC”):
• Agency Trainees may receive a Training Bonuses upon successful referrals of the
prospective policyholders to Chubb’s Agent and an insurance policy is issued in the
reporting month.
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Condition: Levels of FYP
generated from successful
referrals made Base Bonus Super Bonus
(MMK) (MMK) (MMK)
From to below
• In addition to Base Bonus and Super Bonus, a Leader Trainee may receive a
Leadership Training Bonus upon her/his Team Performance.
• Team Performance:
o Includes sales resulted from successful referrals of Sales Trainees,
o Includes sales resulted from successful referrals of the Leader Trainee
himself/herself, and
o Includes sales of Agents in his/her team; however,
o EXCLUDES Agents’ sales resulted from successful referrals made by
Agency Trainees.
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Condition: Team Performance in
Levels of FYP Leadership
(MMK) Training Bonus
(MMK)
From to below
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