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Member Application The Firearms Retail Development Program (FRDP) Program is an extension of the NSSF ® Premium Retail Membership. It is an exclusive membership for Types 01 and 02 storefront federally licensed firearms retailers, as well as licensees predominantly engaged in the business as a dealer of firearms or pawnbroker as defined under the Gun Control Act. The FRDP extension program is offered in Silver, Gold and Platinum packages and includes benefits from NSSF ® , Orchid Advisors, Epicor Software, and NASGW. If you are a new applicant and are not upgrading from the existing NSSF ® Premium Retail Program, please fill out the application below and email it to the FRDP program administrator at the following email address [email protected] Premium Retail Members and FRDP Members are not eligible to receive premium range benefits unless they separately apply and pay dues for Premium Range Membership. NSSF Member ID# (if applicable)___________ Company Name_________________________________________________________________ Primary Address _____________________________________________________________ City_____________________________________ State____________ Zip_____________ Phone_________________________________ Cell Phone__________________________ Website________________________________________________________________ Mailing Address (if different from above)____________________________________________________ City_____________________________________ State____________ Zip_____________ Individual designated for liaison between the company and NSSF: Name___________________________ Title _____________E-mail______________________

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Page 1: Orchid Advisors - #1 in FFL Complianceorchidadvisors.com/.../2016/10/FRDP-NSSF-Application.docx · Web viewDo you have access to any other coverage that may provide financial assistance

Member ApplicationThe Firearms Retail Development Program (FRDP) Program is an extension of the NSSF® Premium Retail Membership. It is an exclusive membership for Types 01 and 02 storefront federally licensed firearms retailers, as well as licensees predominantly engaged in the business as a dealer of firearms or pawnbroker as defined under the Gun Control Act. The FRDP extension program is offered in Silver, Gold and Platinum packages and includes benefits from NSSF®, Orchid Advisors, Epicor Software, and NASGW.

If you are a new applicant and are not upgrading from the existing NSSF® Premium Retail Program, please fill out the application below and email it to the FRDP program administrator at the following email address [email protected]

Premium Retail Members and FRDP Members are not eligible to receive premium range benefits unless they separately apply and pay dues for Premium Range Membership.

NSSF Member ID# (if applicable)______________Company Name____________________________________________________________________________Primary Address ___________________________________________________________________________City______________________________________________ State_______________ Zip________________Phone_______________________________________ Cell Phone_________________________________Website_____________________________________________________________________________Mailing Address(if different from above)____________________________________________________________________City______________________________________________ State_______________ Zip________________

Individual designated for liaison between the company and NSSF:Name_______________________________ Title __________________E-mail__________________________

Secondary contacts:Name_______________________________ Title __________________E-mail__________________________Name_______________________________ Title __________________E-mail__________________________

Page 2: Orchid Advisors - #1 in FFL Complianceorchidadvisors.com/.../2016/10/FRDP-NSSF-Application.docx · Web viewDo you have access to any other coverage that may provide financial assistance

FRDP Fee StructureNew applications, please select your fee structure and payment plan.

Existing NSSF Premium Retail Members do not need to complete this form nor elect an option below. Hence, the upgrade price is not show on this form.

Silver Plan / $232.92/mo. or Pay in Full $2,655 (5% PIF Discount Applied)Gold Plan / $624.58/mo. or Pay in Full $7,120 (5% PIF Discount Applied)Platinum Plan/ $791.25/mo. or Pay in Full $9,020 (5% PIF Discount Applied)

Payment Option: _____ Monthly Payment (12 month commitment); or _____ Pay In Full with 5% Discount

FFL#_____________________________ Number of employees______ Number of years in business___Do you have other business locations? If yes, please provide their addresses:

________________________________________________________________________________________________________________________________________________________________________________________________Type of business (check one): Retail Retail/Range Pawnshop GunsmithIndividual/Sole Proprietorship Partnership/LLP CorporationNonprofit Corporation Unincorporated AssociationLLC – Taxed as a Sole Proprietorship LLC – Taxed as a PartnershipLLC – Taxed as a Corporation

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Does your store have Don’t Lie For The Other GuyTM or require employee training (in-house training, SHOT Show® UniversityTM, etc.)? Please explain:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Please provide the dates of your last three(3) ATF inspections and the results of these inspections?Include violations cited, if any.________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Are you currently or have you ever been subject to ATF administrative action or judicial proceeding (warning letter, warning conference, license denial, or revocation, etc.)? If yes, please provide detailed explanation, including dates and locations of conferences, case information, etc.________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Do you have access to any other coverage that may provide financial assistance similar to the NSSF Premium Retail Legal Defense Fund (e.g., insurance, group legal services plan, program or policy, other funding sources)? _____________________________________________________________________Yes NoIf yes, please provide sources of funding and amounts:

________________________________________________________________________________________________________________________________________________________________________________________________

Please provide preferred dates for compliance audit of your store by NSSF FFL compliance consultant.1)____________________________ 2)_____________________________ 3)_____________________________

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1. Eligibility: The FRDP is open to any storefront Type 01 and 02 federal firearms license (FFL) holders, as well as licensees predominantly engaged in the business as a dealer of firearms or pawnbroker as defined under the Gun Control Act, meeting the following eligibility requirements. a. Applicants must pay applicable FRDP dues and assessments.b. Applicants must not be subject to any pending ATF administrative action or judicial proceeding at time of application.

“Administrative action” is defined as a notice of violation, open ATF inspection, warning letters, warning conferences, license revocations, and denials of license renewal. “Judicial proceeding” is defined as civil legal proceedings challenging a final notice of license revocation. (18 U.S.C. § 923(e) and (f)).

c. Applicants must institute Don’t Lie for the Other Guy Program in their stores upon approval of membership.d. Applicants must agree to a free NSSF FFL compliance audit upon application and implement all compliance recommendations

resulting from the audit. Applicants must schedule their compliance audits within ninety (90) days of NSSF’s acceptance of their memberships. Failure to schedule an audit will result in immediate termination of membership and refund of 25% of membership dues. Failure to implement compliance recommendations could result in denial of legal defense fund assistance, NSSF action to recoup defense fees and expenses paid or incurred if assistance was previously provided, and termination of membership without refund.

The FRDP is not a guarantee of legal defense funding coverage.2. Membership Rights & Privileges: FRDP members shall have the rights and privileges extended to them under the NSSF

bylaws or, in the absence of an express bylaw provision, as may from time to time be granted to them at the sole discretion of NSSF. Neither memberships nor membership rights are transferable. Some Premium Retail Membership benefits are provided by third parties. The NSSF makes no representations or warranties regarding third parties or the continued availability of membership benefits. The NSSF shall not be responsible for any loss, damage or dispute members may have with third parties, or the usefulness of any benefits or outcome of any services provided. Members should make their own inquiries regarding the terms and conditions that apply to products or services offered by third parties. Membership does not create any express or implied agency, attorney-client, broker/insurer-insured or other relationship between NSSF and members, although information concerning member transactions with third party product and service providers may be shared with NSSF. The FRDP is not a prepaid legal services, insurance or indemnification plan.

3. Term of Membership: The FRDP is for one (1) year commencing on the date of NSSF’s approval of an application. Memberships may be renewed for additional one (1) year terms upon full payment of membership dues and assessments and, if necessary, free compliance audit of the member’s business.

4. Membership Dues: Membership dues are established annually and may be adjusted from time to time as needed. 5. Conformance with Antitrust Laws: It is NSSF policy to require that all of its trade association activities be conducted in

compliance with U.S. federal and state antitrust laws. It is the responsibility of NSSF members to be aware of the types of activities that are prohibited by antitrust laws in connection with their NSSF membership. NSSF’s Antitrust Policy & Guidelines are available to all NSSF members upon request. If members have specific questions relating to antitrust compliance in connection with their NSSF membership they should contact their own legal counsel.

6. Use of NSSF Trademarks: Members in good standing are granted the non-exclusive, non-transferable, royalty-free license to use the National Shooting Sports Foundation® registered name and “Proud Member” logo to promote their membership in the NSSF. Members agree that they will do nothing inconsistent that might harm NSSF or NSSF’s ownership rights in its name and logo. Each member agrees to use NSSF’s name and logo only as prescribed by NSSF and not to use the name and logo in any manner that expresses or implies, or could be construed to express or imply, that the NSSF endorses or certifies a member’s products, services or opinions, or in any manner that misrepresents, or has the appearance of misrepresenting, the relationship between a member and the NSSF other than as a member-trade association relationship. Members who fail to maintain their NSSF membership must immediately discontinue any and all use of NSSF’s name and logo.

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The FRDP service providers reserve the right to approve, deny, drop from membership, or not renew membership for non-compliance, revise, supplement, suspend or terminate membership terms, including the rights and privileges of membership, or to terminate the FRDP for any reason, at any time upon reasonable notice.

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Attachment AFirearms Retail Development ProgramTerms and Conditions of Participation

Engagement in the Firearms Retail Development Program (“FRDP”) is subject to these Terms and Conditions.

1.0 PRODUCTS, SERVICES AND TECHNOLOGY. Company may only engage in the FRPD after being vetted by the program administrator and such participation in the FRDP may be amended, supplemented or repealed at any time. Company hereby engages in the FRDP to receive the benefits as advertised in the Silver, Gold and Platinum levels and as categorically shown in Attachment A. Company acknowledges that the Products, Services and Technology offered are by and between the Company and Orchid Advisors and its affiliates to be defined as the National Shooting Sports Foundation and Epicor Software, or collectively known as the “Service Providers.”

2.0 DELIVERABLES. “Deliverables” means literary works or other works of authorship in any medium (such as documentation, assessments, data analytics, reports and similar works) delivered by the Service Providers in conjunction with the FRDP. The Company may only share the Deliverables with management, employees and directors of Company and its counsel. The Deliverables may not be relied upon for any purpose by any person other than Company or its advisers without the prior written consent from the FRDP administrator, not to be unreasonably withheld, conditioned or delayed. The Service Providers accept no liability or responsibility to any person other than Company, who benefits from or uses the Services or gains access to any Deliverables.

3.0 COMPANY RESPONSIBILITY . Company acknowledges that the achievement of any policy, process, model, system, legal interpretations or risk management practice depends not only on the design and implementation, but also on the quality, experience and continuity of personnel involved, the diligent ongoing execution of any such policy, process, model, system, analytic reviews, legal interpretations or risk management practice, and appropriate modifications as changing conditions warrant. Company understands and accepts responsibility for all decisions related to, and implementation and ongoing modification of, policies, processes, models, systems, analytic reviews, legal interpretations and risk management practice assessments, methods and assumptions, if any, developed and delivered by the Service Providers in conjunction with the FRDP.

4.0 REGULATED ACTIVITY . Company understands that the Services Providers are not law firms and do not issue legal opinions. Company is ultimately responsible for knowing and abiding by federal, state and local laws pertaining to any subject matter associated with the scope of the FRDP. Any Deliverables provided by the Service Providers may not be all encompassing as such may be driven by the scope of work with Company as well as the extent of review, nature of conversations with and disclosures and representations made to Service Providers by Company.

5.0 LEGAL DEFENSE FUND . Legal Defense Fund services are subject to the following additional terms and conditions, which may be amended, supplemented or repealed at any time.

5.1 All decisions concerning the Legal Defense Fund, including, without limitation, eligibility, approval or denial of coverage, the selection and engagement of legal defense counsel, and the amountpaid to counsel, shall be made solely by the Service Providers, whose decisions shall be final. The Service Providers shall have the exclusive right to terminate counsel at any time with or without cause.

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5.2 The Company agrees to cooperate fully with both the Service Providers and legal counsel chosen by the Service Providers. Services may be suspended or terminated and the Service Providers shall have the right to obtain reimbursement from a member for all legal defense fees and expenses paid and/or incurred in the event of non-cooperation.

5.3 The Company must be an existing NSSF member in good standing prior to any known administrative action or judicial proceeding for which legal defense funding assistance is requested, and must remain in good standing throughout the entire duration of the administrative action or judicial proceeding.

5.4 The Company is entitled to the same rights and privileges, including the right of confidentiality, to which any other client of an attorney is entitled. The Service Providers shall not require Legal Defense Fund attorneys to reveal to any other persons any matters revealed to them in confidence by the Company in the course of their representation without the Company’s permission.

5.5 Legal Defense Fund benefits are provided on a secondary excess basis. No benefits shall be provided under the Legal Defense Fund to the extent benefits are furnished to the Company by any other plan, program, or policy that provides group legal services to the member or under a contract of insurance.

5.6 The determination of the Service Providers shall be final and conclusive in connection with any dispute arising as to coverage or benefits derived from the Legal Defense Fund.

5.7 The Service Providers are neither a law firm nor provide legal representation or legal services of any kind. Attorneys selected by the Service Providers are independent contractors and the Service Providers shall have no liability in tort, contractor otherwise to the Company, legal defense counsel or other interested party in connection with any assistance that the Service Providers provide.

5.8 The Company agrees to participate in periodic program surveys and other continuous improvement efforts.

5.9 Holders of Manufacturers and Importers Licenses please note that legal defense fund assistance is limited to ATF administrative actions and judicial proceedings related to Type 01 and Type 02 dealer and pawnbroker license compliance activities under the Gun Control Act and does not extend to activities requiring a manufacturer or importer license. (i.e. Type 07 or 10 or Type 8 or 11). Furthermore, for holders of Type 07 or 10 or Type 08 or 11 licenses, legal defense fund assistance will only cover Type 01 and Type 02 license compliance activities. 

6.0 AUTHORITATIVE STANDARDS . Company acknowledges that there is no authoritative standard against which consulting practices can be directly compared. In practice, methodologies and approaches to measuring, managing and controlling people, process and system enhancements as well as risk events vary considerably. New and refined practices continue to evolve and the characterization of policies, procedures or models as sound, “industry standard” or “practices” is judgmental and subjective. The Service Providers will use commercially reasonable efforts to keep current with all industry standard and best practices applicable to the industry.

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6.0 TERM; TERMINATION. Either party may terminate this Agreement for convenience at any time on 31 days’ written notice.

7.0 COMPENSATION. Company will pay Orchid Advisors for the FRDP in accordance with the terms set forth on Attachment A to this Agreement. Company shall reimburse Service Providers for all reasonable travel and other expenses necessarily incurred in the performance of the Services. Such expenses include, but may not be limited to mileage, commuting time, lodging, telephone, facsimile, Internet or other communication services.

8.0 CONFIDENTIALITY, NONSOLICITATION AND OWNERSHIP OF INFORMATION. During the term, and for a period of 12 months immediately following the termination or expiration of this Agreement, Company shall not, without the prior written consent of the Service Providers, directly or indirectly, solicit any employee of Company to terminate his or her relationship with Company or hire any employee. The parties recognize that such a covenant is necessary to protect the Confidential Information, trade secrets and other protectable interests of Company. The Service Providers may use Company logo or name, without disclosing confidential information, to indicate its current and prior clients. This includes in oral, written or web-based formats.

9.0 INDEMNIFICATION, LIABILITY AND WARRANTY. Company shall each indemnify, defend and hold harmless the Service Providers for any claims or losses for bodily injury or damages to real or tangible personal property resulting directly from the indemnifying party’s negligence or willful misconduct.

10.0 LIMITATION OF LIABILITY. Notwithstanding anything to the contrary in this Agreement, Company agrees that, regardless of the legal theory asserted (including, but not limited to, breach of contract, warranty, negligence or tort): (i) Service Provider’s entire liability or any person asserting claims on behalf of or in the name of Company will not exceed in the aggregate, for all claims, liability, losses, damages or expenses, one time the total amount of fees paid to the Service Provider as part of the FRDP.

11.0 WARRANTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

12. GOVERNING LAW AND JURISDICTION. This Agreement will be governed by the laws of the State of Connecticut, without regard to its conflicts of law rules.

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Attachment BBenefits Schedule

Benefits are provided in accordance with the FRDP level purchased (i.e., Silver, Gold, Platinum). Not all services are available nor in equal proportion to each program.