I apply to become an Independent Travel Agent ("ITA") of InteleTravel.com ("IT"). 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 if you are enrolled, trained and certified ("Accredited") as an ITA for IT. You cannot become an ITA for IT until you have accepted its terms and conditions. It provides very important information about your status as an ITA, so you should take the time to read and understand it. You should also take the time to review the IT policies, procedures and guidelines contained in the Agent Training Manual ("Manual") and on IT's Website. They reflect IT'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 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 makes material changes to this Agreement, or its policies, procedures or guidelines, we will provide online notice to you thirty (30) days in advance. If you do not agree to a material change, your only remedy is to return any IT materials that have been issued to you and cancel your Agreement (see Termination and Cancellation below). By accepting this Agreement, you affirm that you are at least 18 years of age.
2. Fees and Billing: For most billing plans, we will be charging your designated credit card. By providing IT with your credit card information and authorization and by accepting the terms and conditions of this Agreement, you are authorizing IT to charge your credit card the applicable fee for accreditation ("Accreditation Fee") and fees for monthly access to IT's home-based program ("Monthly Access Fees"), including IT's travel sales and booking tools, as they become due. You further agree that IT has the right to charge your designated credit card for any unpaid past due Accreditation Fee, Monthly Access Fees and other fees and charges you owe us. You are responsible for providing IT with updated designated credit card information, such as new expiration dates and new credit card numbers, a minimum of five (5) business days prior to the next recurring charge for Monthly Access Fees. You are also responsible for providing IT with timely updates of all of your contact information, including any changes of name, physical or postal address, telephone or fax numbers and e-mail address. You agree that you will be billed for and will pay any outstanding balances due to IT if your designated credit card does not accept authorized charges for any reason, or if you cancel or are terminated. IT will assess the lower of an additional one and one-half percent (1.5%) or the highest amount allowed by law per month late charge on any balance which is more than thirty (30) 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 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 (90) days after they occur. If you do not bring them to our attention within ninety (90) days, you agree that you waive your right to bring such problems or discrepancies to our attention or to otherwise dispute your billing. IT reserves the right to change fees or billing methods at any time and will provide notice of any such change at least thirty (30) 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 materials issued to you and cancel your Agreement, but IT will not refund your Accreditation Fee or any remaining portion of your Monthly Access Fees for the month when you cancel. IT provides its ITAs 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 Accreditation Fees or Monthly Access Fees. Notwithstanding anything in this Agreement to the contrary, IT shall not be obligated to provide access to its home-based program or service to any ITA for whom IT has not received an Accreditation Fee and Monthly Access Fees, as applicable.
3. Independent Sales: As an ITA for IT, you agree to promote and sell travel products and services through IT and to comply with the terms of IT's policies, procedures and guidelines contained on IT's Website and in the Manual developed by its exclusive accreditation ("Accreditation") provider, the International Travel Academy directed by Brian Tracy, as amended from time to time. You shall be authorized to identify yourself as an "Independent Travel Agent" with IT in accordance with those policies, procedures and guidelines, but you shall not be authorized to otherwise use the IT service names or marks, the service names or marks of any of IT's affiliated third-party vendors or any other promotional materials, without the prior written approval of IT. Unless otherwise stated, any consent granted by IT may be revoked with reasonable notice at the discretion of IT. 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." IT will not tolerate any unethical behavior or activity and may intercede and take disciplinary action if such behavior or activity is discovered. IT reserves the right to use its judgment and discretion in determining whether certain behavior or activities by an ITA are unethical. Any action which may cause IT or any of its ITAs the loss of goodwill or reputation or that is detrimental to IT's business will be considered unethical business practice and may be reason for suspension, termination and/or other disciplinary action. IT reserves all rights to pursue any and all legal and equitable remedies provided by applicable law, including civil and criminal prosecution and cooperation with all government and regulatory authorities with valid jurisdiction. Following is an illustrative but not exhaustive list of specific violations of IT's policies, procedures and/or guidelines that may give rise to disciplinary action, including immediate termination:
a. The making of unauthorized income, program, product or service claims about IT.
b. Unprofessional, antagonistic or fraudulent behavior with IT's employees, independent contractors, other ITAs, applicants for Accreditation, travel providers or other members of the travel industry.
c. Unprofessional or fraudulent behavior with travel customers.
d. Any illegal activity.
e. Accepting money/payment for travel purchases in your own or any business or fictitious name you use, attempting to bypass or bypassing IT by authorizing or requesting any travel seller to pay or send any commission directly to you, booking travel at a "net rate" and other violations of IT's policies, procedures or guidelines.
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'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. Authorizing or requesting any travel seller to pay or send any commission directly to you or booking any travel purchase at a "net rate" (with the commission deducted from the purchase price), thereby bypassing IT, is strictly prohibited, and will subject you to disciplinary action and liability to IT for any commission that would otherwise be due to IT. IT will support your efforts to sell travel by making available to you promotional materials, training and other support services as described on its Website and in its promotional literature and the Manual. You agree that you will not present, advertise, promote or sell any business opportunity, programs, products or services other than those provided by IT and IT's preferred travel providers at any IT business presentation, trade show or event, as applicable, and you further agree not to use IT contacts to do so. You further agree that you will not use any promotional materials other than those provided by IT or IT's preferred travel providers, unless such other promotional materials have been specifically approved in advance in writing by IT. All IT promotional and other materials, whether printed, audio, video, internet, or in any other form, are copyrighted and may not be reproduced in whole or in part by you or any other person except as authorized in advance in writing by IT. Permission to reproduce any materials will be considered only in unusual circumstances. Therefore, you should not anticipate that approval will be granted. You may not produce, use, sell or otherwise distribute any written information, video or sound recordings relating to the contents, characteristics or properties of IT's programs, products or services which have not been provided to you directly by IT. This prohibition includes, but is not limited to, print, internet, audio or video media. You may not charge others to use or access IT's programs, products or services. All materials issued by IT are the property of IT and must be returned upon request of IT.
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 this Agreement, IT's Website and the Manual and will comply with their terms.
5. Compensation and Other Benefits: As an ITA with IT, we shall pay to you, not as salary or wages, but as commissions in connection with travel sales booked through IT's Website, the amounts specified in the current published Compensation Schedule. Separately, the International Travel Academy 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. No purchase or investment is necessary to earn referral fees for referring others who are Accredited as ITAs, unless you desire to become an ITA with the ability to earn travel commissions on your travel and the travel of others. Unless otherwise stipulated by IT, no travel commission checks under the amount of twenty-five dollars (<$25.00) will be generated. Should you be eligible for a commission check of less than twenty-five dollars (<$25.00), this amount will be credited to your commission account to be accrued until the first pay period wherein the minimum total of twenty-five dollars ($25.00) is achieved. IT does not replace lost checks after one (1) year from the date of issuance, and IT cannot research and dun unpaid commissions from travel providers after two (2) years from the start date of the travel. IT has the right to offset against and recoup from commissions we may owe you any unpaid past due fees or other charges you may owe IT. As an Accredited ITA of IT, you may be allowed to use business cards and other official representations of your affiliation as an Independent Travel Agent with IT. These materials are non-transferable and are to be used to confirm your status as an IT 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's travel industry agency numeric codes are the exclusive, non-transferable, proprietary property rights of IT and may be used only as specifically authorized by IT in its training materials, and for no other purpose. Any reproduction or unauthorized use of IT's agency numeric codes is strictly prohibited. You may be eligible for special travel opportunities and prices negotiated exclusively for IT, 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 for Accreditation as an ITA solely to obtain such benefits.
6. Acceptance and Term: This Agreement shall become binding and effective upon IT's receipt of your acceptance and Accreditation Fee. It shall be effective for a period of one (1) year. Although IT is under no obligation to renew it and will notify you before the end of your annual term if it will not renew this Agreement, unless you notify IT before the end of your annual term that you do not wish to renew the Agreement, it will be automatically renewed thereafter on an annual basis if you have complied with it. Upon automatic renewal, you authorize IT 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. 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. All applicants for Accreditation must submit their Social Security Number or Employer Identification Number to IT, as applicable, for tax purposes. In the event earnings exceed $600.00 USD in a calendar year, IT will submit IRS Form 1099, Miscellaneous Earnings, to the IRS. 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. Use of Trademarks, Service Marks, Trade and Service Names, Domain Names and Logos: Other than as provided in this Agreement, you must not use IT's trademarks, service marks, trade names, domain names, logos or any other IT copyrighted or registered materials, whether used alone or as part of a name or other material, without IT's prior written approval to your specific prior written request. You are not permitted to register or reserve any such marks, names or logos under any circumstances whatsoever, whether such registration or reservation is with a government agency, the internet, domain name registrars or any other form or method of registration or reservation. This prohibition includes e-mail addresses or parts thereof, entity names or marks including, but not limited to, corporate and limited liability company names and marks, social media user names, account names, etc. Any domain name registration in violation of this prohibition must be transferred to IT upon IT's request.
9. Liability: Neither IT 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 and the International Travel Academy harmless from and against any and all liabilities that you may cause or incur that are contrary to the express provisions of this Agreement.
10. 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 resides in the courts of Florida and you further agree and expressly consent to the exercise of personal jurisdiction and venue in the courts located in Palm Beach County, Florida in connection with any such claim or dispute, including any claim or dispute involving IT 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 are specified on the IT Website at www.inteletravel.com. IT reserves the right to change the Accreditation Fee and Monthly Access Fees at any time upon thirty (30) days prior notice, as provided in this Agreement.
Complaints. To resolve a complaint regarding IT's service or to receive further information regarding use of the service beyond that which is available on IT'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.
11. PIN/Username and Password: As an Accredited ITA of IT, you must use your PIN/Username and Password for access to the secure "Agents Only" section of IT's Website. You agree not to disclose your PIN/Username and Password to anyone except IT. You are responsible for use of your PIN/Username and Password and for any charges incurred as a result of their use.
12. Confidential Information: IT may provide you with confidential information concerning your sales activity for IT. You agree that such information is proprietary and confidential to IT and is transmitted to you in strict confidence. You further agree that you will not directly or indirectly disclose such information to any third party, nor use the information, directly or indirectly, to compete with IT. You further agree that without this agreement of confidentiality and non-disclosure, the above-referenced confidential information would not be provided. You further agree that such confidential information is a work product trade secret of IT and may not be used for any non-IT purpose.
13. 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 ITA with IT that would otherwise be available if you were a resident and citizen of the USA.
14. Talent Release: You hereby consent to IT's use of your image, including, but not limited to, your name, photographs, testimonials, likeness, position, voice, voices, biography, and any film footage, video tapes, audio tapes, recordings, and interviews, when created in connection with any IT event, promotion or convention to advertise, promote or publicize IT programs, products, services or opportunities. In the event you choose to withhold this talent release at any particular time or on any particular occasion, it is your sole responsibility to inform IT's Customer Service Department in writing.
15. Media or Government Inquiries: Any inquiries from or to be made to any media, government entity or regulatory body are to be immediately referred to and handled by IT's Customer Service Department only. This policy is to assure that accurate and consistent information is communicated and that IT's public image is maintained.
16. Termination and Cancellation: IT will not terminate this Agreement during an annual term except for a material failure to comply with the terms and conditions of this Agreement, including a material failure to comply with IT's policies, procedures or guidelines. You may cancel this Agreement at any time. You understand and agree that cancellation of this Agreement and your status as an ITA is your sole right and remedy with respect to any dispute with or claim against IT. 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-issued materials to IT. Use or attempted use of any IT materials, numeric codes or identifiers of any kind following IT's notice of termination to you or following IT'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 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'S PRODUCTS AND SERVICES, IT'S SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. IT'S PRODUCTS AND SERVICES, IT'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 PROVIDES SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT ITAS WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT IT WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. IT'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY IT SHALL BE THE REPLACEMENT OF ANY IT SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH IT, EXCEPT BILLING DISPUTES, IS THE CANCELLATION OF THIS AGREEMENT AND YOUR STATUS AS AN ITA, AS DETAILED IN THE SECTION OF THIS AGREEMENT ENTITLED "TERMINATION AND CANCELLATION." IN NO CASE SHALL IT BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM YOUR USE OF IT'S PROGRAMS, PRODUCTS OR SERVICES, THE INTERNET, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR STATUS AS AN ITA WITH IT. 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'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IT DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PROGRAM, PRODUCT OR SERVICE OFFERED THROUGH IT AND IS NOT A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY VENDORS OR OTHER PROVIDERS OF PRODUCTS OR SERVICES.
18. Privacy: IT 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 contracts to provide you with programs, 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.
19. Assignment: You may not assign this Agreement. This Agreement does not constitute the sale of a franchise or distributorship or membership in IT. Your signature on this Agreement indicates your acceptance of this Agreement and binds you to its terms and conditions. IT reserves the right to assign its interest in this Agreement to another party.
20. 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.
21. Entire Agreement: This Agreement and the materials it incorporates by reference constitute your entire agreement with IT with respect to their 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.