"License Vendor Agreement" - New Mexico

License Vendor Agreement is a legal document that was released by the New Mexico Department of Game & Fish - a government authority operating within New Mexico.

Form Details:

  • Released on January 1, 2021;
  • The latest edition currently provided by the New Mexico Department of Game & Fish;
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  • Fill out the form in our online filing application.

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STATE OF NEW MEXICO
1
DEPARTMENT OF GAME & FISH
LICENSING SECTION
P.O. Box 25112
Santa Fe, New Mexico 87504
LICENSE VENDOR AGREEMENT
2021-2022 LICENSE YEAR
Vendor Name
Vendor Number
THE LICENSE VENDOR AGREES:
1. The Vendor cannot sell, assign, or otherwise transfer the authority to sell New Mexico
Department of Game and Fish (Department) licenses/stamps (herein after, license
documents) to any person, party or corporation;
2. The Vendor must sell and issue all Game and Fish license types/carcass tags and may only
sell and issue from the physical address that the Vendor has listed on the application;
3. The Vendor must be a licensed business that is regularly open to the public during
reasonable timeframes as determined by the Department, and must be open at least twenty
hours per week.
4. The Department retains all rights regarding ownership of license and carcass tag documents
and all processes of their sale or other disposition;
5. The Vendor may not relocate the physical address from which license documents are
vended and for which the Department has approved vending without the prior written
authorization of the Department;
6. Vendor agrees to participate in the Web-based sales system and:
a. Each Vendor accepting cash payments must submit payment for cash sales to the
Department every two weeks or when the total amount due (including license and
vendor fees) reaches $5,000; whichever comes first;
b. If a Vendor is more than five days delinquent in its payment for cash sales, the
privilege to accept cash for Department licenses and permits shall be immediately
suspended, and the Department shall only reactivate the vendor’s full license sale
privileges once payment is received in full;
c. A Vendor that is delinquent more than three times in a license year shall be
evaluated by the director, who shall determine whether to suspend, restrict or place
Rev. 1/2021
STATE OF NEW MEXICO
1
DEPARTMENT OF GAME & FISH
LICENSING SECTION
P.O. Box 25112
Santa Fe, New Mexico 87504
LICENSE VENDOR AGREEMENT
2021-2022 LICENSE YEAR
Vendor Name
Vendor Number
THE LICENSE VENDOR AGREES:
1. The Vendor cannot sell, assign, or otherwise transfer the authority to sell New Mexico
Department of Game and Fish (Department) licenses/stamps (herein after, license
documents) to any person, party or corporation;
2. The Vendor must sell and issue all Game and Fish license types/carcass tags and may only
sell and issue from the physical address that the Vendor has listed on the application;
3. The Vendor must be a licensed business that is regularly open to the public during
reasonable timeframes as determined by the Department, and must be open at least twenty
hours per week.
4. The Department retains all rights regarding ownership of license and carcass tag documents
and all processes of their sale or other disposition;
5. The Vendor may not relocate the physical address from which license documents are
vended and for which the Department has approved vending without the prior written
authorization of the Department;
6. Vendor agrees to participate in the Web-based sales system and:
a. Each Vendor accepting cash payments must submit payment for cash sales to the
Department every two weeks or when the total amount due (including license and
vendor fees) reaches $5,000; whichever comes first;
b. If a Vendor is more than five days delinquent in its payment for cash sales, the
privilege to accept cash for Department licenses and permits shall be immediately
suspended, and the Department shall only reactivate the vendor’s full license sale
privileges once payment is received in full;
c. A Vendor that is delinquent more than three times in a license year shall be
evaluated by the director, who shall determine whether to suspend, restrict or place
Rev. 1/2021
2
conditions on the vendor’s privileges pursuant to Subsection C of 19.30.9.8
NMAC.
d. If a Vendor wishes to challenge any eligibility determination under this rule, it may
appeal to the Director, whose determination will be final and not subject to further
appeal;
e. Director’s Authority: The director may suspend, restrict, or place conditions,
including requiring a surety bond, on a license vendor’s privileges if the Vendor is
found to be in violation of their vendor agreement or delinquent in their financial
obligation to the Department. Any Vendor that has their privileges suspended,
restricted or conditioned may request a hearing before a hearing officer to appeal
the director’s determination.
7. The Vendor is responsible for:
a. Verifying sales selection with the customer prior to accepting payment;
b. All costs pertaining to the internet service provider, computer, monitor, printer and
supplies needed to utilize the web-based sales system;
c. Proper use of software, hardware and/or equipment provided by the Department;
d. Proper control of employee access to the Department’s sales system including:
i. Maintaining a one login (account) per employee policy;
ii. Use of strong passwords; minimum of 8 characters containing at least three
of the four classes (upper case letters, lower case letters, numbers, and
special characters);
iii. Control of passwords; passwords may not be written down or shared;
iv. Control of manager login credentials, not to be shared;
v. Screen locking with password or logging off when not accessing the license
system;
vi. Deactivation of user privileges for associates no longer vending license
documents;
e. Notification of a change in personnel associated with Department access within 72
hours;
f. Training of employees with license vending accounts on the proper handling of
cardholder data aligned with the Payment Card Industry (PCI) Data Security
Standards (DSS). This standard includes:
i. Sensitive cardholder data (i.e., full account number, type, expiration, and
track (CVC2/CVV2) data) cannot be stored on paper or any other device
(e.g. cell phone, email) outside of the vendor sales system;
ii. Examine the credit card reader monthly to validate the reader has not been
physically modified;
g. Purchase and installation of antivirus and malware software, kept current with the
latest updates, and regular scans on all computers accessing the vendor sales
system;
h. Appropriate use of customer information including:
i. Customer information may not be altered except in conjunction with
Department transactions;
Rev. 1/2021
3
ii. Customer information may not be retrieved, used or captured for any reason
other than Department business;
iii. Unauthorized access to the Department sales system and data is prohibited.
i. Providing the Department with a minimum of two (2) weeks written notice prior to
any closure of the Vendor’s business;
j. Notify the Department regarding employee violations, including mishandling of
cardholder or customer information, the physical alteration of the card reader, or
the knowledge their computer or network has been compromised (e.g. viruses or
malware causing the capture or extraction of data from the system) within the same
or next business day;
8. The Vendor will be held liable for loss of customer data, cardholder data, and any
fraudulent use of this data caused by failure to comply with the items stated in section 7;
9. Financial Obligations to the Department of Game and Fish:
a. The Department will consign carcass tags to each Vendor prior to the beginning
of each license year and will conduct an audit at the end of the license year to
account for all carcass tags not issued to customers. All carcass tags designated
unusable in any month during the license year must be returned to the Department
no later than the 10th day of the next month, and all blank, unused carcass tags
must be returned to the Department at the end of the license year, no later than
May 10.
b. A fee of $100 per missing carcass tag shall be levied upon the license Vendor for
failure to return any carcass tag designated unusable or any blank, unused carcass
tag as required.
c. In the case of unusual mitigating or extraordinary circumstances, the state game
commission may determine, and the hearing officer may recommend, financial
liability in an amount other than the amounts described in Paragraphs 1 and 2 of
Subsection A of 19.30.9.8 NMAC. The decision of the state game commission
shall be final.
10. The Vendor is responsible for being reasonably aware of and knowledgeable about all
policies regarding the license sales system;
11. The Vendor and Vendor’s representatives are responsible for becoming reasonably familiar
with information regarding hunting, fishing and trapping license requirements, laws,
regulations and seasons, and must ensure that all printed regulations and other informative
material furnished by the Department are made available for all customers. When in doubt
regarding any regulation, the Vendor should direct customers to review the Department-
provided rules and information booklet and/or direct the customer to contact the
Department during normal business hours for specific inquiries;
Rev. 1/2021
4
12. This Agreement may be terminated by the Department for the balance of the license year
following a default in performance under the above paragraphs or:
a. Failure to collect required information in the manner prescribed by the Department;
b. Upon conviction of violation of New Mexico laws under Chapter 17, NMSA or
Game Commission rules or regulations;
c. Failing or neglecting to remit all monies due to the Department in the manner
prescribed;
d. If required, upon notice from the bonding or insurance company that the vendor
surety bond has been cancelled;
e. Upon the Vendor or its principal or general partner filing a petition of bankruptcy
or the filing of an involuntary petition of bankruptcy against any of them;
f. The Vendor is found liable for customer or cardholder data or both being used for
fraudulent activities;
g. Failure to maintain a secure environment as stated in section 7;
13. The need for termination of the Vendor will be evaluated on a case-by-case basis.
14. When the Vendor’s authority to sell Department licenses/stamps is terminated by the
Department for any reason the Vendor must wait until the next license year if they wish to
reapply to be a Vendor.
15. Vendor specifically agrees that all monies received from the sale of licenses and any other
documents or things of value delivered to the Vendor by the Department are held in trust
for the benefit of the Department. The Vendor further agrees that all such monies held are
and shall remain the property of the Department and are not and shall not become a part of
the Vendor’s or the Guaranteeing party’s estate in the event the Vendor or any other
responsible party hereunder files a petition in bankruptcy or a petition in bankruptcy is filed
against the Vendor or other such party.
16. Vendor agrees and acknowledges that any and all vendorships controlled by the same
person(s) or entity are subject to the obligations and/or penalties of any individual vendor
controlled by that person(s) or entity. This provision applies even if the vendorship is
formed as a separate limited liability company or other separate entity, provided that it is
controlled by the same person(s).
I, ______________________________________(name and title), representing and on behalf of
________________________________________(business), as authorized, agree to adhere to all
Department and State Game Commission policies, rules and regulations regarding vending license
documents. I further accept, in consideration of the ability to act as a vendor as described above,
all conditions as stated in this agreement and acknowledge receipt of Department policies and the
current Vendor Manual prior to signing of this Agreement. I further acknowledge that if I have
Rev. 1/2021
5
any concerns about policies, I may contact the Department to request clarification or further
information. I represent and certify that I have the authority to bind the Vendor to the terms of
this agreement.
Signature and date: ____________________________________________________________
Rev. 1/2021