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DEALER AGREEMENT

THIS AGREEMENT is entered into by and between Headstart Warranty Group, a Nevada corporation with its principal place of business located at 14114 N. Dallas Pkwy, Ste 600, Dallas, TX 75254, herein after referred to as “HWG” and the respected “Dealer”.

WHEREAS DEALER wishes to participate in those program(s) offered by HWG for which a fully executed “Schedule(s)” is/are attached hereto and made part of this Agreement, hereinafter the “Program(s).”

WHEREAS HWG is willing to authorize DEALER to participate in the Programs on the terms and conditions hereunder. NOW THEREFORE, in consideration for the mutual covenants set forth herein, the parties hereby agree as follows:

1. Upon execution of each attached Schedule(s), DEALER shall be authorized to market HWG Program(s) for which a rate is agreed upon as set forth in the attached Schedule(s). The indicated rate shall be PRODUCER’s cost for each Program.

2. DEALER shall be governed by the conditions of this Agreement and by the procedures, rules, guidelines, and regulations of each Program. If a Program is insurance in PRODUCER’S state, then DEALER will provide HWG with evidence of appropriate licenses. Any Program contract issued by DEALER not meeting the then effective HWG Program underwriting guidelines, procedures, or forms or for which timely payment is not made, will be ineligible for administration and insurance under any Program. DEALER shall not modify, waive, alter, or change, whether orally or in writing, any Program form. HWG may revise any Program, including contract forms, at any time, and such revision will take effect upon notice to DEALER.

3. DEALER shall be provided with contracts, procedural and marketing materials, and other forms required of DEALER to market each agreed upon Program and to report issued contracts to HWG. No form, literature, circular, advertising material, or any similar material pertaining to any Program shall be printed, published, or used in any manner by DEALER unless same shall first have been approved in writing by an executive officer of HWG. Any software or internet services provided to DEALER is the Intellectual property of HWG, and DEALER shall not attempt to discover or copy the code or use such software or internet services for DEALERS’s or another’s benefit, except in connection with respect to HWG Programs.

4. DEALER shall hold all funds collected by DEALER for any Program which are payable to HWG or any insurer in a fiduciary capacity. DEALER shall timely report by remitting the “Administrator Copy” (or by other reporting method agreed to by Administrator) and the appropriate Rate Schedule fee no later than the tenth (10th) day of the month following the month in which any Program contract (including contracts of insurance) was sold. Each remittance check shall be made payable as set forth on the appropriate Schedule and/or the Reporting Form.

5. Acceptance of any payment by HWG shall not be deemed a waiver as to the amount or timeliness of that payment or as to the form of the underlying Program form. Upon reconciliation and accounting of contracts reported, HWG may return any individual contract(s) to DEALER. Any contracts returned to DEALER shall not be eligible for administration or insurance under the Program.

6. If DEALER should receive notice of a potential claim under any contract, DEALER shall immediately report such notice directly to HWG for investigation or settlement. HWG shall have the sole discretion and responsibility for the authorization or denial of claims, transfers, and cancellations under any accepted Program contract.

7. The relationship between HWG and DEALER shall be that of independent contractors. HWG shall not be responsible for any DEALER expenses.

8. Respecting any contract which may be canceled and for which a return is due the purchaser, HWG shall refund to DEALER any portion of the contract amount retained by HWG or any Program insurer. In the event of termination of this Agreement, DEALER will promptly account for and remit outstanding fees for which DEALER may be liable. HWG may offset against said cancellation refund any debt owed by DEALER or its Agent to HWG arising out of this or any other contract by and between DEALER and HWG.

9. No forbearance or neglect on the part of HWG to enforce any or all the provisions of this Agreement shall be construed as a waiver or estoppel of any rights or privilege of HWG.

10. The occurrence of any of the following events or conditions shall constitute an event of default hereunder:

(a) Any breach or failure of either party to observe or perform any term, condition, or covenant required to be observed or performed under this Agreement, which breach, or failure continues without cure for a period of ten (10) days after written notice by the other party; or

(b) The breach of any warranty, or falsity of any material representation, made by either party in connection with this Agreement.

11. Upon the occurrence of any event of default which is not cured within the periods specified, the non-defaulting party, at its sole option and without further notice to or demand upon the defaulting party, may exercise, individually or severally, the following remedies:

(a) Immediately terminate this Agreement and declare the entire unpaid amount of funds payable to the non-defaulting party under the terms of this Agreement due and payable and thereafter pursue and enforce all other remedies available in its favor under any other provisions of this Agreement or existing at law, in equity or in bankruptcy.

(b) Continue performance of this Agreement without prejudice or waiving any rights to money damages caused by said breach.

12. This agreement shall be for a term of 2 years and may be terminated as provided in Paragraph 13 of this Agreement.

13. This Agreement may be terminated (a) unilaterally and without cause by either party as of the last day of any calendar month upon not less than thirty (30) days advance written notice to the other party or (b) immediately by either party upon the fraud or embezzlement of the other party.

14. All unused Program forms and all software furnished by HWG to DEALER shall remain the property of HWG and

shall be accounted for and returned to HWG upon termination of this Agreement.

15. This Agreement shall not be amended by any verbal statement by whomsoever made, and no such statement shall be binding upon HWG unless the same shall have been approved in writing by an executive officer of both HWG and DEALER.

16. DEALER agrees to hold HWG, and each Program insurer, and their officers and agents, harmless from any claim, liability, damage, loss, or expense, including attorneys’ fees, resulting from any negligence, act, or failure to act by DEALER or its employees or agents.

17. This Agreement shall be construed in accordance with the laws of the State of Texas with venue in DCounty. To the extent permitted by applicable law, the parties hereby waive their rights under any provision of law which renders any provision hereof nugatory or unenforceable in any respect.

18. This Agreement may not be assigned by either HWG or DEALER without the prior written consent of the other. All rights of

HWG hereunder shall inure to the benefit of insurer.

19. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dis-pute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

General Provisions

Make Checks Payable to:
Headstart Warranty Group
14114 North Dallas Parkway, Ste 600
Dallas, TX 75254

All Contracts written will be deemed invalid if remittance is not received by HWG on the 45th day from the closing date of a contract.

All Contracts written that are not to be remitted or written in error must be Voided through the technology by the DEALER within 60 days of the closing date of a contract.

DEALER agrees to use the technology provided by HWG to generate contracts, rate a unit, populate a remittance report and any exceptions will be made at the discretion of HWG and will require prior documented authorization before proceeding outside of these provisions.

DEALER agrees any contract generated representing HWG or HWG products that was not provided by HWG through the agreed upon medium will be considered null and void. Any contract that has been altered or misrepresented by DEALER will be considered fraudulent and deem the contract null and void.

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ATTENTION AGENTS & DEALERS

Updated Batch & Remit Information

PHYSICAL LOCKBOX ADDRESS

(For overnight payments)

Headstart Warranty Group, LLC – Lockbox #671145

Comerica Bank MC 6550

5201 East R.L. Thornton Dr.,
Dallas, TX 75223

LOCKBOX ADDRESS

(for regular processing)

Headstart Warranty Group, LLC

PO Box 671142,
Dallas, TX 75267-1142

Headstart Warranty Group Logo
mike smith
mike smith
Saved my backside. Lost the engine. Went online. Set up an appointment. Dropped off my car. Got a rental car. Came back not a dime out of my pocket. Great experience.
Kim Bright
Kim Bright
Easy to work with great service. Thank you guys.
Tevan Conover
Tevan Conover
I bought a car recently and ended up getting the warranty. Usually don’t because I’ve had bad experiences in the past. And man am I glad I got one this time! These guys took such good care of me! I got ahold of someone in no time, I don’t even think there was a wait. Then they treated me truly like family. I was distressed at the time, worried about money because it was a big fix and I just didn’t have the extra cash. I’m a new mom and just needed this to be taken care of. They took care of the entire break down no questions. I really appreciate that they listened and understood what I was saying. I would 100% use them again. I will be going back to the dealership I purchased from and buying a warranty with them every time because of the great service I received. Thank you thank you!!
Riley C. Iraheta
Riley C. Iraheta
Buying a car has always been a chore for me and my husband. During the purchasing process we met with a finance manager and when he suggested we buy the Protection Plan, I thought it was just another way for the dealership to make money. We weighed out the options and finally agreed to buy a contract, and we are so glad we did! The dealership and HWG have been a pleasure to deal with.
Diana Allen
Diana Allen
Greg Coleman was so helpful and was able to make me feel at ease during the process. You need more individuals like him on your team.
Charles Mistric
Charles Mistric
Great customer service and friendly people.Greg was very knowledgeable and passionate about helping me through my claim. I would highly recommend Headstart for extended warranty service.
Michele Malave
Michele Malave
Greg C. was Amazing!!! So helpful and polite. He knew exactly what I needed and was super attentive.
Jeff Neufeld
Jeff Neufeld
I don’t usually leave reviews guys have been great to work with.
Mike Neufeld
Mike Neufeld
Unfortunately, I bought a terrible car. The good news was they sold me an extended warranty. This things had four problems now and I haven’t had to pay anything. Not even for my towing in Rental Car. Thank you, Head Start.
Riley C.
Riley C.
Dallas, TX
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Buying a car has always been a chore for me and my husband. During the purchasing process we met with a finance manager and when he suggested we buy the Protection Plan, I thought it was just another way for the dealership to make money. We weighed out the options and finally agreed to buy a contract, and we are so glad we did! The dealership and HWG have been a pleasure to deal with.
Jonathan H.
Jonathan H.
New York, NY
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Having the ability to offer customers a HWG Protection Plan makes my job easy. I have always understood that to be an excellent salesperson, you need to believe in what you are selling. I have so much faith in HWG that I bought contracts for both of my own personal vehicles.
Ellen P.
Ellen P.
Las Vegas, NV
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I bought my Volvo with the intentions that I would be keeping it for quite a few years. As luck would have it, a month after the manufacturer’s expired, my power window stopped working. That’s when my HWG Service Contract kicked in and everything was repaired at no cost to me. Having that extra protection has been nothing but a pleasant experience for me and my car!
Richard S.
Richard S.
Miami, FL
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We have been selling HWG Service Contracts for over 10 years now, and it is still the only extended service plan we make available to our customers. The employees at HWG have always stood behind their product and have not only provided us with superior customer service but have gone beyond our expectations countless times.
Aimee T.
Aimee T.
Atlanta, GA
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When I was buying my vehicle and the salesperson mentioned a service protection plan, my first response was “thanks but no thanks”. But after he politely explained and showed me how extensive the list of coverage was, I was impressed enough to buy it. Well 3 years have passed and I think the has more than paid for itself. I’m convinced I made the right decision!
Dave N.
Dave N.
Chicago, IL
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The day I brought home my newly purchased Mercedes for the first time was one of the fondest memories of my life. So, you can imagine how distraught I was when my air conditioning failed 300 miles from home while I was vacationing with my family. I called HWG and not only did they find a local repair shop for me, but they helped speed up things very quickly to get me back on the road and vacationing with my family in no time.
Ron S.
Ron S.
Boston, MA
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As a service manager for over 25 years, I have had dealings with numerous service contract companies and insurance companies. HWG is by far the finest and most pleasurable to work with. Their friendly, courteous staff makes the claim process easy and painless. I recommend HWG to all my service customers.
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