Terms and conditions
By registering for Broker Vitality, your firm agrees that PruHealth and PruProtect make Broker Vitality available on the terms and conditions set out below.
1. In order to start earning Broker Vitality points, your firm must have first registered for Broker Vitality with PruHealth. Existing firms (whose contractual relationship with PruHealth first commenced prior to 1 January 2009) who are not already registered for Broker Vitality will need to complete a registration form for this purpose. All other firms will be registered for Broker Vitality with PruHealth automatically upon the commencement of their contracts.
2. Broker Vitality commences on 1 January of each year and will run until 31 December (the 'Broker Vitality Year'). Your firm will be entitled to earn Broker Vitality points only for the period during the Broker Vitality Year following its registration for Broker Vitality. PruHealth reserves the right, in its absolute discretion, to award Broker Vitality points to firms that register for Broker Vitality during the Broker Vitality Year in respect of activities conducted by such firms during the period between 1 January and the date of registration (such awards shall be purely discretionary and shall not be taken to set a precedent).
3. In order to earn Broker Vitality points, your firm will need to conduct the activities described in the 'How to Earn Broker Vitality Points' section of this Broker Vitality 2010. The award of Broker Vitality points will be subject to the conditions and limits explained in the same section.
4. The carry over of Broker Vitality points will be governed in accordance with the ‘Carry Over Points’ section of Broker Vitality 2010.
5. In order to claim the rewards described in the 'Broker Vitality Rewards in Detail' section of Broker Vitality 2010, your firm and, where appropriate, Registered Individuals, must comply with the procedures and conditions explained in the 'Broker Vitality Rewards in Detail' section.
6. Provision of a specific reward is subject to the availability of that specific reward.
7. By agreeing to participate in Broker Vitality, your firm accepts that it is responsible for ensuring that it has appropriate internal controls and arrangements in place to ensure that it complies with all applicable laws and regulations including, in particular, Chapter 2.3 of the Financial Services Authority's (FSA's) Insurance New Conduct of Business Sourcebook (Inducements). Your firm acknowledges the importance of avoiding and managing conflicts of interest.
8. Neither your firm nor PruHealth intends that any provision of these arrangements should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person other than PruHealth and your firm. In particular, no Registered Individual engaged by your firm shall be considered a party to this arrangement.
9. PruHealth's liability under these terms and conditions shall be limited solely to the provision of the rewards set out in the 'Broker Vitality rewards' section of Broker Vitality 2010, in accordance with the conditions and limitations for such rewards set out there. Under no circumstances shall PruHealth be liable to your firm or to any Registered Individual, employee, agent or representative of your firm or to any other person who receives the benefit of any reward ('Beneficiary'), for any loss, damage or injury of any kind sustained by your firm or such Beneficiary as a consequence of, or in connection with, your firm or such Beneficiary taking advantage of any reward provided under Broker Vitality. PruHealth accepts no liability for the acts or omissions of any third-party provider of rewards under Broker Vitality. Where a specific reward involves a service to be provided by a third party, the responsibility for entering into an agreement with that third party for the provision of that service is that of your firm alone. Such agreements shall be between your firm and the respective third-party provider and PruHealth shall not be regarded as a party to such agreements. PruHealth's only liability will be to refund you for the purchase of the relevant reward or, in the case of Champneys Health Resorts, Cineworld and the Health Screens, to secure the availability of a subsidised reward, subject to the conditions and any limits imposed by PruHealth on the availability of such reward.
10. These terms and conditions and the terms contained in Broker Vitality 2010 constitute the entire agreement between your firm, PruHealth in relation to Broker Vitality. These terms and conditions are without prejudice to the respective rights and obligations of your firm and PruHealth under the standard terms of business between your firm and PruHealth under which your firm shall earn commission in relation to business introduced to PruHealth (the 'Broker Terms'). The Broker Vitality Benefits shall be provided to your firm in addition to any remuneration to which your firm is entitled pursuant to the Broker Terms.
11. PruHealth shall be entitled, in our sole discretion, to change any aspect of Broker Vitality, including the terms upon which any reward may be provided under Broker Vitality, subject to the provision of reasonable notice to your firm. For the avoidance of doubt, PruHealth may amend the terms of Broker Vitality for each Broker Vitality Year.
12. PruHealth shall be entitled to withdraw any reward or to suspend or cancel Broker Vitality in its entirety in respect of firms generally either:
(a) At the end of any Broker Vitality Year by notifying firms in advance of the end of that year that Broker Vitality will not be renewed the following year; or
(b) During a Broker Vitality Year, upon written notice to the registered firms.
13. PruHealth shall be entitled to withdraw any reward or to suspend or cancel Broker Vitality in respect of your firm in the event that:
(a) Your firm goes into liquidation, enters into a composition with creditors, has an administrative order made against it, threatens or ceases to pay its debts, or has an administrative receiver or similar official appointed over it or its assets;
(b) Your firm, or any Registered Individual of your firm, fails to comply with any of the conditions set out in Broker Vitality 2010;
(c) Either PruHealth or your firm has any licence or regulatory permission or registration withdrawn, suspended or cancelled;
(d) The continuation of Broker Vitality or the provision of rewards to your firm or any Beneficiary would prevent PruHealth from complying with any law, regulation or requirement imposed upon it by a regulatory authority of competent jurisdiction;
(e) The Broker Terms between PruHealth and your firm are terminated or expire;
(f) PruHealth has reasonable grounds to suspect that a claim for rewards by your firm or any Beneficiary is related to fraudulent activity; or
(g) The continuation of Broker Vitality or the provision of rewards to your firm or any Beneficiary would, in PruHealth's absolute opinion, be likely to result in harm to PruHealth's brand, trademarks or Intellectual Property ('IP') or the IP of PruHealth's parent companies or the members of their groups of companies.
14. In the circumstances described in clauses 12 or 13 above, PruHealth shall cease to be liable to your firm for the continued provision of rewards under Broker Vitality and these terms and conditions shall be deemed to have terminated.
15. Subject to compliance with the conditions described in each reward, PruHealth will make payment where applicable within 60 days of receipt by PruHealth of a proper invoice.
16. PruHealth reserves the right to amend or withdraw these terms and conditions at any time.
17. The laws of England and Wales govern these terms and conditions.
