InteleTravel.com Independent Contractor Agreement
I apply to become an Independent Travel Agent of InteleTravel.com ("IT.COM"). If my application is accepted, I acknowledge and agree as follows:
1. The Independent Contractor Agreement: The following Independent Contractor Agreement ("Agreement") is a legal document that details your rights and obligations as an Independent Travel Agent for InteleleTravel.com ("IT.COM"). You cannot become an Independent Travel Agent for IT.COM until you have accepted its terms and conditions. It provides very important information about your status as an IT.COM Independent Travel Agent, so you should take the time to read and understand it. You should also take the time to review the IT.COM policies, procedures and guidelines contained in the Agent Training Manual (the " Manual"). They reflect IT.COM's current policies, procedures and guidelines to which you will agree by accepting the terms and conditions of this Agreement. Those policies, procedures and guidelines may have to be changed from time to time to keep pace with online technology and business requirements. By accepting the terms and conditions of this Agreement, you will also be agreeing that IT.COM may change those policies, procedures and guidelines from time to time, and that you will continue to comply with those policies, procedures and guidelines, as changed. Therefore, you should review them periodically for the most current versions. If IT.COM makes material changes to this Agreement, or its policies, procedures or guidelines, we will provide online notice to you thirty days in advance. If you do not agree to a material change, your only remedy is to return any IT.COM materials that have been issued to you and cancel your Agreement (see Termination and Cancellation below).
2. Fees and Billing: For most billing plans, we will be charging your designated credit card. By providing IT.COM with your credit card information and authorization and by accepting the terms and conditions of this Agreement, you are authorizing IT.COM to charge your credit card the applicable fees for enrollment, monthly access and annual renewal processing, as they become due. You also agree that you will be billed for and will pay any outstanding balances due to IT.COM if your designated credit card does not accept authorized charges for any reason, or if you cancel or are terminated. IT.COM will assess an additional 1.5% (or the highest amount allowed by law) per month late charge on any balance which is more than thirty days past due. That late charge is also due at the time it is assessed. You are responsible and liable for any costs and fees, including court costs, collection and attorney fees, that IT.COM may incur in its efforts to collect any remaining balances from you. You should let us know about any billing problems or discrepancies within ninety days after they occur. If you do not bring them to our attention within ninety days, you agree that you waive your right to dispute such problems or discrepancies. IT.COM reserves the right to change fees or billing methods at any time and will provide notice of any such change at least thirty days in advance in the same manner as described above. If you do not agree to the changes in fees or billing methods, you may return the IT.COM materials issued to you and cancel your Agreement, but IT.COM will not refund your enrollment or annual renewal processing fee or any remaining portion of your monthly or annual access fee for the month or year when you cancel. IT.COM provides its Independent Travel Agents with access to a large number of third-party vendors. Any separate charges or obligations you incur in your dealings with these third-party vendors are your responsibility and are not part of your enrollment, monthly access or annual renewal processing fees.
3. Independent Sales: As an Independent Travel Agent for IT.COM, you agree to promote and sell travel products and services through IT.COM and to comply with the terms of IT.COM's policies, procedures and guidelines contained in the Manual developed by its exclusive accreditation provider, the International Travel Academy directed by Brian Tracy ("ITA"), as amended from time to time. You shall be authorized to identify yourself as an Independent Travel Agent with IT.COM in accordance with those policies, procedures and guidelines, but you shall not be authorized to otherwise use the IT.COM service names or marks, the service names or marks of any of IT.COM's affiliated third-party vendors or any other promotional materials, without the prior written approval of IT.COM. You shall be free to market travel as you wish, provided that you act professionally, and in the best interests of the travel and tourism industry, and identify your status on all written correspondence and in all verbal communications as an "Independent Travel Agent." You agree that you will not accept payment for travel purchases in your own name or any business or fictitious name you use. Payments for travel purchases must be made directly to the airline, car rental agency, hotel or other travel seller of the travel being purchased, whether the purchase is made through IT.COM's website or directly from the travel seller's website or reservation call center. Accepting payment for travel purchases in your own name or any business or fictitious name you use is strictly prohibited. IT.COM will support your efforts to sell travel by making available to you promotional materials, training and other support services as described in its promotional literature and the Manual.
4. Training: By submitting your acceptance of the terms and conditions of this Agreement, you agree that you have studied and acknowledge your understanding of the Manual and will comply with its terms.
5. Compensation and Other Benefits: As an Independent Travel Agent with IT.COM, we shall pay to you, not as salary or wages, but as commissions in connection with travel sales booked through IT.COM's Website, the amounts specified in the current published Compensation Schedule. Separately, ITA shall pay to you, not as salary or wages but as referral fees for referring others who are accredited as Independent Travel Agents, the amounts specified as referral fees in the current published Compensation Schedule. The Compensation Schedule is subject to change. As an accredited IT.COM Independent Travel Agent, you may be allowed to use business cards and other official representations of your affiliation as a travel agent with IT.com. These materials are non-transferable and are to be used to confirm your status as an IT.COM Independent Travel Agent with travel product and service providers, and for no other purpose. Any reproduction or unauthorized use, such as reproduction on a Website or in printed materials, is strictly prohibited. IT.COM's industry identifier codes are the exclusive, non-transferable, proprietary property right of IT.COM and may be used only as specifically authorized by IT.COM in its training materials, and for no other purpose. Any reproduction or unauthorized use of IT.COM's agency numeric codes is strictly prohibited. All materials issued by IT.COM are the property of IT.COM and must be returned upon request of IT.COM. You may also be eligible for special travel opportunities and prices negotiated exclusively for IT.COM, as offered from time to time. You understand that benefits offered by travel and tourism vendors to the travel agent community are discretionary privileges and, by accepting the terms and conditions of this Agreement, you affirm that you are not applying to IT.COM solely to obtain such benefits.
6. Acceptance and Term: This Agreement shall become binding and effective upon IT.COM's receipt of your acceptance and enrollment fee. It shall be effective for a period of one year. Although IT.COM is under no obligation to renew it and will notify you before the end of your annual term if it will not renew the Agreement, unless you notify IT.COM before the end of your annual term that you do not wish to renew the Agreement, it may be automatically renewed thereafter on an annual basis if you have complied with it. Upon automatic renewal, you authorize IT.COM to charge your designated credit card any applicable renewal processing fee and to continue charging monthly access fees to your designated credit card.
7. Independent Contractor: You shall be an independent contractor and not an employee of IT.COM. You shall be responsible for any and all taxes, expenses, premiums, contributions and other payments arising from your income and the activities you conduct under this Agreement. You are not eligible for any employee benefit programs under this Agreement, including, but not limited to, leave of any type, unemployment or disability compensation, retirement, health care or death benefits. You are responsible to obtain any business or other permits required by law or public authority relating to the operation of your independent business, and you will comply with all applicable laws.
8. Liability: Neither IT.COM nor you shall be liable for any of the other's debts, accounts, obligations, torts or other liabilities, nor for those of the other's agents or employees, except as this Agreement may otherwise provide. You shall indemnify and hold IT.COM and ITA harmless from and against any and all liabilities that you may cause or incur that are contrary to the express provisions of this Agreement.
9. Disputes: The laws of the State of Florida, excluding its conflicts of law rules, govern this Agreement. You expressly agree that exclusive jurisdiction for any claim or dispute with IT.COM resides in the courts of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Florida in connection with any such claim or dispute, including any claim or dispute involving IT.COM or any of its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Information for California Residents: Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Service Provider. The name, address and telephone number of the provider of service are:
777 East Atlantic Ave, Suite 300
Delray Beach, FL 33483
Pricing Information. Current fees charged by IT.COM are specified on the IT.COM Website at www.inteletravel.com. IT.COM reserves the right to change enrollment fees, monthly access fees and annual renewal processing fees, or to institute new fees at any time upon thirty (30) days prior notice, as provided in this Agreement.
Complaints. To resolve a complaint regarding IT.COM's service or to receive further information regarding use of the service beyond that which is available on IT.COM's Website, e-mail firstname.lastname@example.org. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
10. Secondary Agent: IT.COM no longer accredits Secondary Independent Travel Agents. However, the following bracketed terms and conditions remain applicable to Primary Agents with Secondary Agents and their Secondary Agents who were accredited in the past. [Secondary Agents separately agree to be subject to all of the same rights, obligations, terms and conditions as are contained in this Agreement, with the exception that compensation and other communications will be sent to the Primary Agent only and a Secondary Agent must use the Primary Agent's PIN/Username and password for access to the secure Agents Only section of IT.COM's Website. As a Primary Agent, you agree to be held responsible for compliance with this Agreement by your Secondary Agent if you choose to have one. As the Primary Agent, you agree not to disclose your PIN/Username and password to anyone except IT.COM and your Secondary Agent. As the Primary Agent, you are responsible for use of your PIN/Username and password and for any charges incurred as a result of the use of your PIN/Username and password.]
11. Non US Residents/Citizens: You understand that if you are a resident and/or citizen of a country other than the United States of America, foreign laws, regulations, taxes, tariffs and other factors including, but not limited to, costs associated with foreign shipping and handling, exchange rates and orders, fares and seasonal influences and points of origin/destination, may reduce or eliminate benefits of doing business as an Independent Travel Agent with IT.COM that would otherwise be available if you were a resident and citizen of the USA.
12. Purchase: No purchase or investment is necessary to earn referral fees for referring others who are accredited as Independent Travel Agents, unless you desire to become an Independent Travel Agent with the ability to earn travel commissions on your travel and the travel of others.
13. Other: You may not assign this Agreement. This Agreement does not constitute the sale of a franchise or distributorship or membership in IT.COM. Your signature on this Agreement indicates your acceptance of this Agreement and binds you to its terms and conditions. You may not charge others to use or access IT.COM products or services. IT.COM reserves the right to assign its interest in this Agreement to another party. By accepting this Agreement, you affirm that you are at least 18 years of age.
14. Entire Agreement: This Agreement constitutes your entire agreement with IT.COM with respect to its subject matter. This Agreement may not be modified or amended orally or in any other way except by an agreement in writing duly executed by you and IT.COM.
15. Severability: Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, or be deemed modified to conform to the minimum requirements of such law. If for any reason it is not deemed so modified, prohibited or invalidated provisions shall not affect the validity of the remainder of this Agreement.
16. Termination and Cancellation: IT.COM will not terminate this Agreement during an annual term except for a material failure by a Primary Agent or that Primary Agent's Secondary Agent to comply with the terms and conditions of this Agreement, including a material failure to comply with IT.COM's policies, procedures or guidelines. Termination of a Primary Agent's Agreement by IT.COM also terminates the Agreement of a Secondary Agent of that Primary Agent. Termination of the Agreement of a Secondary Agent may also terminate the Agreement of that Secondary Agent's Primary Agent if, in the sole discretion of IT.COM, termination of the Primary Agent's Agreement is warranted. You may cancel this Agreement at any time. You understand and agree that cancellation of this Agreement and your status as an Independent Travel Agent is your sole right and remedy with respect to any dispute with or claim against IT.COM. Cancellation by a Primary Agent also cancels your Secondary Agent's Agreement and status as an Independent Travel Agent. Cancellation by a Secondary Agent will not affect the status or Agreement of that Secondary Agent's Primary Agent. You may cancel this Agreement by e-mailing your notice of cancellation to email@example.com, by sending it via U.S. Mail to InteleTravel.com, 777 East Atlantic Ave, Suite 300, Delray Beach, FL 33483, or by faxing it to (561) 272-0813. To complete cancellation, you must return your IT.COM-issued materials to IT.COM. Use or attempted use of any IT.COM materials or identifiers of any kind following IT.COM's notice of termination to you or following IT.COM's receipt of your notice of cancellation is strictly prohibited. In the event that this Agreement is terminated or cancelled, no refund of fees paid prior to the time of termination or cancellation will be granted. IT.COM reserves the right to collect fees, surcharges or costs incurred before termination or cancellation. In addition, you are responsible for any charges incurred to third-party vendors prior to termination or cancellation.
WASHINGTON STATE RESIDENTS ONLY:
Purchaser's right to cancel: You may cancel this contract without any cancellation fee or other penalty, or stated reason for doing so, by sending notice of cancellation by certified mail, return receipt requested, to InteleTravel.com at the address indicated below. The notice must be postmarked by midnight of the seventh calendar day following the day on which this contract is signed by you or the day any membership card and all membership materials are received by you, whichever is later. The day on which the contract was signed is not included as a "calendar day," and if the seventh calendar day falls on a Sunday or legal holiday, then the right to cancel this contract expires on the day immediately following that Sunday or legal holiday.
TO CANCEL THIS CONTRACT, SEND A COPY OF THIS NOTICE OF CANCELLATION OR OTHER WRITTEN NOTICE OF CANCELLATION TO: InteleTravel.com, 777 East Atlantic Ave, Suite 300, Delray Beach, FL 33483.
17. WARRANTY: YOU EXPRESSLY AGREE THAT THE USE OF IT.COM'S PRODUCTS AND SERVICES, IT.COM'S SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. IT.COM'S PRODUCTS AND SERVICES, IT.COM'S SOFTWARE, THIRD-PARTY VIRUS CHECKING TECHNOLOGY AND THE INTERNET ARE PROVIDED "AS-IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IT.COM PROVIDES SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT INDEPENDENT TRAVEL AGENTS WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT IT.COM WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. IT.COM'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY IT.COM SHALL BE THE REPLACEMENT OF ANY IT.COM SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH IT.COM IS THE CANCELLATION OF THIS AGREEMENT AND YOUR STATUS AS AN INDEPENDENT TRAVEL AGENT, AS DETAILED IN THE SECTION OF THIS AGREEMENT ENTITLED "TERMINATION AND CANCELLATION." IN NO CASE SHALL IT.COM BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM YOUR USE OF IT.COM'S PRODUCTS OR SERVICES, THE INTERNET, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR STATUS AS AN INDEPENDENT TRAVEL AGENT WITH IT.COM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, IT.COM'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IT.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH IT.COM AND IS NOT A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY VENDORS OR PROVIDERS OF PRODUCTS OR SERVICES.
18. Privacy: IT.COM uses secure technology, privacy protection controls and restrictions on employee access in order to safeguard your personal information. In addition, any company with which IT.COM contracts to provide you with products or services is required to adhere to confidentiality agreements to ensure that your information remains safe and secure. We strongly encourage our travel industry partners to post their own privacy policies and to have privacy control systems in place to protect your personal information. We do not give out your Social Security number, PIN/Username, telephone number, e-mail address or credit card information, unless you authorize us to do so or unless it is to comply with valid legal process, such as a search warrant, subpoena or court order. You may correct your personal contact and billing information at any time.