Agent & Broker Terms of Service

To access and use the MarketLink broker portal, you must:

• Hold a valid National Producer Number (NPN) registered with NIPR;
• Maintain a current, active health insurance producer license in each state in which you conduct business;
• Have completed annual CMS Marketplace training and certification for the applicable plan year;
• Carry Errors & Omissions (E&O) insurance with coverage of at least $1,000,000 per occurrence;
• Comply with all applicable state insurance laws and CMS regulations under 45 CFR § 155.220.

You must notify MarketLink within 5 business days of any license suspension, revocation, disciplinary action, or lapse in E&O coverage. Access will be suspended pending review.

Before accessing, modifying, or submitting any consumer's application or enrollment, you must:

• Obtain the consumer's documented Appointment of Representative (AOR) consent;
• Ensure consent is recorded and stored through the Platform's consent module;
• Accurately record the date, time, and method of consent (in-person, electronic, telephonic).

Three-Way Call Requirement: For telephonic AOR reassignment from another agent, you must conduct a three-way call with the consumer and the previous agent present, or obtain a signed consent form. Reassigning an AOR without proper consumer consent is a CMS compliance violation and may result in immediate portal termination.

As a user of the Platform, you are bound by HIPAA Privacy and Security Rule requirements (45 CFR Parts 160 and 164) as they apply to protected health information (PHI) accessed through the Platform. You agree to:

• Use PHI only to the minimum extent necessary to perform enrollment services;
• Not disclose PHI to any third party without consumer consent or legal authority;
• Report any suspected breach of PHI to MarketLink within 24 hours at security@marketlink.ai;
• Complete annual HIPAA training and maintain records of completion.

The following conduct is strictly prohibited and will result in immediate portal suspension and referral to CMS and applicable state insurance departments:

• Unauthorized enrollment: Enrolling or re-enrolling a consumer without their knowledge and documented consent;
• Churning: Moving consumers between plans, carriers, or your book of business solely to generate additional commission without benefit to the consumer;
• Fee charging: Charging consumers any fee, surcharge, or payment for enrollment assistance;
• Falsification: Submitting false or misleading information on behalf of a consumer, including falsifying SEP qualifying events or income data;
• Unauthorized access: Accessing consumer records without an active AOR consent on file;
• Discrimination: Refusing service or providing inferior service based on race, color, national origin, age, disability, sex, sexual orientation, gender identity, or religion.

You are responsible for maintaining the security of your portal credentials. You must:

• Use multi-factor authentication (MFA) on your account at all times;
• Not share your login credentials with any other person;
• Log out of the portal when not in active use;
• Report lost or compromised credentials immediately to security@marketlink.ai;
• Only access the portal from secure, trusted devices and networks.

Commissions are paid by insurance carriers directly or through your General Agent (GA) or Field Marketing Organization (FMO) in accordance with applicable carrier agreements. MarketLink does not guarantee commission rates or payment timing. Commission disputes must be resolved directly with the applicable carrier or GA. MarketLink may display commission estimates for informational purposes only and does not represent actual payment amounts.

MarketLink and CMS reserve the right to audit your enrollment activity, consent records, and client communications at any time. You agree to:

• Cooperate fully with any audit or investigation;
• Retain client records and consent documentation for a minimum of 10 years;
• Make records available to MarketLink, CMS, or state regulators upon request within 5 business days.

All portal activity is logged and retained for compliance purposes under applicable Marketplace program requirements.

MarketLink may suspend or terminate your portal access immediately for:

• License suspension, revocation, or expiration;
• Violation of these Terms or CMS regulations;
• Consumer complaints alleging unauthorized enrollment, churning, or fraud;
• CMS or state regulator direction;
• Failure to maintain required E&O coverage.

Upon termination, you must immediately cease use of the Platform and may not access any consumer data. Consumer records remain the property of MarketLink and the consumers, and will be transitioned to the consumer's new broker of record upon proper consent.

MarketLink agents operate as independent contractors. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between you and MarketLink. You are solely responsible for your own tax obligations and compliance with self-employment laws.

You agree to indemnify, defend, and hold harmless MarketLink, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, and costs (including attorneys' fees) arising from or related to your violation of these Terms, applicable law, or your enrollment activities.

Agent compliance questions: compliance@marketlink.ai
Security incidents: security@marketlink.ai
Support: support@marketlink.ai