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ACORD End User License for PIA Members

PIAACORDAgreement.png

 

UPDATE, 1/5/21: ACORD has updated their website with the 2021 End User License Agreement for ACORD Forms. PIA members who qualify for a free license must accept the EULA annually, so please take a moment now to visit the ACORD website and scroll down to the section entitled PIA Forms End User License for details and instructions.

On January 1, 2020 ACORD began charging agents and brokers an End User License to access ACORD forms. PIA negotiated an agreement with ACORD that enables qualifying PIA members to access the End User License at no cost to the member, provided the PIA member accesses forms through an agency management system or another authorized distributor.

ACORD and PIA National Announce Program to Provide Forms Access to Member Insurance Agencies

 

Which scenario describes you:


I am a PIA member:

checkmark25x24.pngUnder $50M in annual revenue.

checkmark25x24.png Uses an agency management system (or other forms distributor) to access ACORD forms.

Great! PIA will cover the license for your ACORD forms. Visit www.acord.org/FormsLicense and look for “PIA Forms End User License” to obtain the license.


I am a PIA member:

checkmark25x24.pngLess than $1M in annual revenue;

cross25x16.png Do not use an agency management system (or other forms distributor) to access ACORD forms.

Great! PIA will provide you a discount on the ACORD Advantage Plus Program


I am a PIA member:

checkmark25x24.pngMore than $1M in annual revenue;

cross25x16.png Do not use an agency management system (or other forms distributor) to access ACORD forms.

Contact ACORD for information on the Agent and Broker Redistribution Program. There will be a direct cost for use of this program.


I am a PIA member:

checkmark25x24.pngMore than $50M in annual revenue.

Contact ACORD for information on how you can access ACORD Forms. There will be a direct cost for the End User License.


I am NOT a PIA member.

Click here to join today so you can access this PIA member benefit!


Frequently Asked Questions

1. How do I access my ACORD license? Details about the ACORD forms licensing program can be found on the ACORD website. It is on the ACORD website that you will accept the forms end user license agreement (here, but please read this first to see if you qualify and for other ACORD forms programs). PIA members, to avoid being charged an annual license fee by ACORD, please email membership@pianet.org and we will contact ACORD to confirm your PIA membership. If PIA verified your membership in 2020 and your membership has not lapsed, you do not need to contact PIA; we will automatically re-confirm your membership status with ACORD for 2021.

2. Will I have to sign an agreement to obtain the license? Yes. Agents and brokers will need to sign an End User License Agreement (EULA) from ACORD. PIA has reviewed the agreement, which can be accessed on the ACORD website, and recommends agents and brokers be judicious in reviewing the agreement.

3. What agents qualify for this PIA benefit? PIA will cover the license fee for independent insurance agencies that are members of the PIA, provided that such agency also collectively earns less than $50,000,000 in gross annual revenue from property/casualty business only. Gross annual revenue from non-property/casualty business, including but not limited to employee benefit business, shall not be included in the determination of gross annual revenue for an agency (if any).

4. Under this program, will PIA be providing ACORD forms? No. Starting January 1, 2020, ACORD required agents to have a license to access ACORD forms. PIA covers the license fee for qualifying members. You will still need to access the forms from a distributor. In most cases, the “distributor” will be your existing agency management system or other licensed entity, such as AVYST for the AVYST eForms Wizard..

5. The announcement notes that PIA will provide a discount on the ACORD Advantage Plus Program. What is that? This is an existing program where agents access ACORD forms directly from ACORD and not through a third-party distributor like an agency management system. PIA will provide a $20 discount on the program which is eligible to agents that 1) are under $1M in annual gross revenue and 2) don’t access ACORD forms through a third-party distributor.

6. How much does this save PIA members? It depends on the size of your agency with the savings being as high as $2,500. The savings will be substantially less for small agencies. According to ACORD, savings will be between $10 -$2,500.

7. What about an agency with multiple locations? Number of locations does not matter as it pertains to the end user license.

8. How will PIA membership be verified with ACORD? ACORD will work with PIA to verify your membership status. You can email PIA at membership@pianet.org to initiate the membership verification process. If PIA verified your membership in 2020 and your PIA membership has not lapsed, you do not need to contact PIA; we will automatically re-confirm your membership status with ACORD.

9. Where else can I get updates? Be sure to check this webpage for updates along with https://www.acord.org/forms-pages/forms-participation-programs. ACORD also has a forms FAQ here and a Forms overview here.

2020 ACORD End User License Agreement (2020 version provided as a reference and discussed below; please see the latest license agreement for current terms.)

10. What does clicking “ACCEPT” mean?
If the agent (licensee) who receives the ACORD license and who executes this Agreement does so on behalf of a separate legal entity, the insurance agency is bound by the Agreement when the person clicks “ACCEPT.” That click also tells ACORD that the person is authorized to act on behalf of the entity.

11. What is an “Eligible Insurance Agency”?
To qualify for the benefits outlined in the Agreement, an Eligible Insurance Agency must meet all of these 3 criteria:

a. An independent insurance agency or brokerage, including any affiliate businesses, AND
b. A member of PIA, AND
c. Collectively earning less than $50 million in gross annual revenue from all P&C business.

12. Is there anything Eligible Insurance Agencies CAN’T do?

Yes. Among other things, Eligible Insurance Agencies cannot:

a. Charge a fee for any ACORD forms provided by the Agreement
b. File ACORD forms with an insurance regulatory body
c. Embed an ACORD form in software
d. Display, reproduce, or distribute an ACORD form via a website, on the internet, or via mass media (exceptions: an Eligible Insurance Agency can email ACORD forms to an applicant and ask the applicant to complete the form; an Eligible Insurance Agency can display an ACORD form on its website, if it is already filled in with End-User Data, and as long as that use doesn’t violate applicable laws regarding access to the information on the form). Eligible Insurance Agencies cannot display an ACORD form on a website and instruct anyone to download and complete it.
e. Allow ACORD forms to be used by anyone other than Designated Users (defined as the Eligible Insurance Agency’s staff, clients, or prospective clients); however, forms that are already filled in by Designated Users can be given to others
f. Use an ACORD form to create a new product that competes with an ACORD form
g. Reverse engineer an ACORD form


13. What happens if an Eligible Insurance Agency violates this Agreement?
Licenses bought through this Agreement are issued based on Eligible Insurance Agency compliance with the entire Agreement. If an Eligible Insurance Agency violates any term of the Agreement, ACORD can rescind its license.

14.1. What happens if an Eligible Insurance Agency stops meeting the criteria?
An Eligible Insurance Agency is only entitled to ACORD forms if it remains eligible (see item 11, listing the 3 criteria, above). If an Eligible Insurance Agency keeps accepting ACORD forms, acceptance will be viewed as a claim that the Eligible Insurance Agency is still eligible.

14.2. Can this Agreement be ended without any action by either party?
Yes; see Section 14.1. This Agreement will terminate without any required action by either party if the Eligible Insurance Agency stops meeting any of the 3 criteria listed in item 11.

15. What does the Agreement provide to Eligible Insurance Agencies?
ACORD gives Designated Users (defined as the Eligible Insurance Agency’s staff, clients, or prospective clients) a license to display, reproduce, distribute with end-user data or for the purpose of obtaining end-user data, and populate with end-user data, its forms, to the extent necessary for Eligible Insurance Agencies to conduct insurance business or related financial services, as long as Eligible Insurance Agencies don’t do or allow the activities listed in item 3 above. Eligible Insurance Agencies’ access doesn’t include forms that meet ACORD XML or AL3 standards.

16. What do Eligible Insurance Agencies get after the Agreement terminates?
Designated Users can display, reproduce, and distribute copies of ACORD forms that contain end-user data, if that data was filled in during the Agreement. An Eligible Insurance Agency can only use a form after the Agreement has expired to recreate a form, using the same end-user data, completed during the term of the Agreement. Eligible Insurance Agencies can’t use a form to conduct business after the Agreement has expired.

17. What happens if an Eligible Insurance Agency is using an outdated form?
Forms change, and forms distributed by third-party vendors may be outdated. Using outdated forms may be prohibited by government regulators, and it increases your legal risk. The Eligible Insurance Agency is responsible for confirming its use of the most updated forms, using the Forms Information Section of ACORD’s website.

18. What if an Eligible Insurance Agency encounters a problem with a form?
The Agreement comes with no warranties (a kind of guarantee about the condition of a product). An Eligible Insurance Agency can only enforce a warranty provided by statute for the first 30 days after the effective date of the Agreement. If an Eligible Insurance Agency tries to enforce a valid warranty during the first 30 days, ACORD will repair or replace the form at issue, if the problem is first reported during the 30-day period.

19. Does the Agreement put limits on ACORD’s liability?
Yes. ACORD will not be liable for any damages, including loss of use or data, lost profit or business revenue, or goodwill, arising out of the Agreement, the forms, or the use of the forms, even if ACORD knew or should have known that such damages were possible.

20. If everything goes as planned, how will the Agreement end?

The Agreement is scheduled to end on Dec. 31, 2021. How else could the Agreement end?

a. Eligible Insurance Agencies can cancel the Agreement for any reason immediately by notifying ACORD.
b. If an Eligible Insurance Agency stops being eligible, the Agreement ends immediately without action by either party.
c. If an Eligible Insurance Agency violates the Agreement, ACORD may give the Eligible Insurance Agency notice and a description of the violation. Then the Eligible Insurance Agency has 30 days to fix the violation. If it doesn’t, after 30 days have passed, ACORD can end the Agreement immediately with notice of termination.
d. If an Eligible Insurance Agency becomes insolvent or starts insolvency, receivership, or bankruptcy proceedings, or if an Eligible Insurance Agency has similar proceedings begun against it, or if an Eligible Insurance Agency dissolves or otherwise stops its normal course of business, ACORD can end the Agreement immediately upon notice of termination to the Eligible Insurance Agency.

21. How long does an Eligible Insurance Agency have to keep its records?
An Eligible Insurance Agency must keep its records for 7 years after the end of the calendar year in which the records were created. It must promise to maintain records showing it continues to meet the 3 criteria listed in item 11 and its obligations under the Agreement, the names and contact info for each third party from which it gets forms, and the names of the products/services through which the forms are provided.

22. Can ACORD audit an Eligible Insurance Agency?
Yes. ACORD must give an Eligible Insurance Agency advance written notice that it wants to conduct an audit. Within 20 days after the issuance of that notice, the parties must agree to a business day on which all the records required by the license agreement will be made available to ACORD or an accounting firm for examination at the Eligible Insurance Agency’s primary office in the US. If no such office exists, then the exam will take place at the Eligible Insurance Agency’s primary office during the Eligible Insurance Agency’s normal business hours. Audits can only take place once per year, and audits can’t interfere with the Eligible Insurance Agency’s business practices. If the Eligible Insurance Agency requests one, before the audit is conducted, ACORD and/or its accounting firm will sign a nondisclosure agreement regarding the audit.

23. What state law applies to this Agreement? New York.

24. How can the Agreement be changed? All changes must be in writing and signed by both parties.

 


 

Steps to Claim Your ACORD Forms License

 

  1. When completing the licensing process, ACORD recommends agents use Google Chrome.
  2. Go to the ACORD website and create a website profile.
  3. Agents should then go to ACORD's Forms Subscriptions & Licensing web page to learn about the PIA member discount program and determine if they are eligible.
  4. Next, visit ACORD's Forms End User Licenses web page to access and accept the end user license agreement.
  5. Finally, PIA members, to avoid being charged an annual license fee by ACORD, please email membership@pianet.org and PIA will contact ACORD to confirm your PIA membership. If PIA verified your membership in 2020 and your membership has not lapsed, you do not need to contact PIA; we will automatically re-confirm your membership status with ACORD for 2021.
  6. For detailed steps on how to claim your ACORD forms license on the ACORD website, review ACORD’s “Steps To Claim Your PIA License

 

If you any questions or issues regarding the completing the licensing process, contact ACORD at 800-444-3341 or memberservices@acord.org