AgentITMPurchaseTerms

INDEPENDENT CONTRACTOR AGREEMENT

This agreement made on this date is between Travology Host Travel Agency INC, a full service IATAN travel agency, located in Flower Mound, Texas. Hereinafter referred to as “Agency”, and, you as an Independent Contractor known as  Independent Travel Consultant “ITC” or Independent Consultant “IC” and any reference to both entities known as “Parties”

Titles and headings to these Travology Travels Policies and Procedures are for reference purposes only, and do not constitute, and shall not be construed as substantive terms of these Policies and Procedures.

Travology reserves the right to amend the terms and conditions of these Policies and Procedures at any time, as deemed necessary without prior notice. Any notification of such amendments will be communicated through any of Travology official channels of communication, to include but not limited to, Independent Travel Agent email blasts and postings to the Travology Website and/or the Travology Independent Travel Agent’s Back Office.

Independent Contractor:

Travology Independent Travel Consultant, hereinafter referred to as an “ITC” or “IC” is an independent contractor, responsible for his or her own business activities and not an agent, employee or legal representative of Travology, except insofar as the independent contractor status will allow him or her to promote and engage in the marketing of travel-related products and services.

Parties are interested to entering into an agreement for the Independent Contractor “IC” to participate as a home based agent with Travology to market certain travel related services, and or products, on behalf of the agency on an independent contracting basis rather than as an employer-employee relationship. Applicant IC must be 18 years or older to enter into this Agreement.

Whereas, Agency and IC are aware of agency requirements for establishing this relationship and are aware of administrative proceedings in Texas and any other states which recognize this concept. In consideration of the mutual covenants and agreements contained herein, parties agree as follows:

IC/ITC Affiliation with Travology
1. IC agrees to related set up and monthly support fee based on IC industry experience.
2. IC agrees to pay monthly service fees based on level of participation that is maintained monthly as long as IC is in good standing and following all Travology policies and procedures.
3. IC understands that each rank of participation offers different access to agent back office.
4. IC understands that each Rank above ITM is based on pre-approval by Travology manager that will evaluate this application to determine the level of participation IC will be approved to participate.
5. IC can cancel this affiliation by providing written notification at least thirty (30) days’ prior to termination with understanding there is NO refund of set up, monthly fees or training modules.  
6. IC understands that Agency reserves the right to amend this Agreement and/or any related business or product service fees at any time.
7. It is IC’s responsibility to review the most current Agreement posted in IC back office.
8. IC agrees to follow these and other Agency policies and procedures, and those mandated by all travel suppliers to include related state Laws, all rules, regulations and statutes that mandate specific conduct, procedures or manner in which an IC must comply with the laws of the local jurisdiction and state or federal laws.
9. This agreement outlines the relationship between agency and IC with regard to all processes and procedures specifically those defined in any state Seller of Travel law which dictates how travel is sold to include IC responsible to register with any state seller of travel where applicable.
10. If eligible to process airline ticketing through Travology GDS relationships IC will follow all rules and regulations defined by Travology, the Airline Reporting Corporation (ARC), and IATAN or any other third party vendor Travology may contract and provide controlled access to IC.
11. IC that bring its own clients, that have not been affiliated with agency, those clients will be clients of IC and not solicited by agency at any time unless IC agrees to such solicitation related to Agency preferred offers or special deals.
12. IC will not, at any time, solicit business from Agencies clients, nor take calls or work with any Agency clients, or potential clients, who contact Agency from other IC’s or Agency marketing efforts unless pre-approve by Agency.
13. IC can apply to participate in Agency lead program based on specific requirements outlined in Agency lead overview. All leads are the property of Agency and IC will not solicit leads outside of Agency business during the course of this contract or any time after contract is terminated. IC will be held financially and or criminally responsible to Agency for any stolen lead resulting in all generated commissions awarded to Agency plus recovery of legal fees and any other punitive damages.
14. IC will participate in on-going educational programs offered by Agency with IC agreeing to maintain one (1) new courses each twelve (12) months of affiliation with Agency. IC will select and pay for courses listed and made available in IC back office.
15. IC is encouraged to participate in advanced training made available from list of suppliers found in IC back office but only accessible based on level of participation.
16. IC must represent to the general public that IC is an “Independent Contractor” conducting its own travel business in contract with agency.
17. IC is not restricted or have exclusivity to any specific territory and will only solicit business in states, and or countries, where Agency is considered legal for conducting business as a seller of travel.
18. IC has the right to work with any suppliers that comply with relate state law and other regulatory agencies.
19. IC understand that Agency offers NO supervision of any type to IC as IC determines IC’s place of work, time schedule, rules of work, quality of work, and controls their business based on level of approved participation by Agency manager.

Processing Funds, PCI Policy and Responsibilities
20. IC will NOT collect funds direct from any Agency, or personal developed client, and IC must follow Agency PCI and processing funds policy to include IC reviewing PCI training for the protection of client personal information and data. No IC rank can complete a booking on their end consumer booking engine website for any third party customer. It is up to the customer to complete all bookings or quote request from their own computer, cell phone or electronic device to assure all information is accurate and terms and conditions are agreed by the end consumer. Any IC that violates this policy will be financially responsible for any errors or refunds and could lead to suspension or termination with any outstanding commissions defaulted to Travology.
21. IC will be held financially responsible for any PCI violations that may result in fines from regulators.
22. IC will reimburse any fine imposed on agency as a result of IC failure to follow PCI rules and policies. 23. No oral or written reports will be required from IC at any time and shall bear all risks financially for IC’s marketing, phones, mail services, client gifts, print costs, business cards (must be approved), letterhead, invoices, office supplies, charity contributions, auto expense, legal fees, or accounting fees 24. IC will be financially responsible for any bad debts, mistakes in tickets or documents or quotes or vendor contract default. Based on level of approved participation IC will be responsible for processing up-front client deposits based on Agency processing policy.
25. IC will be responsible for their own business travel expense, medical insurance, industry dues and subscriptions, auto and personal liability insurance, business insurance, state and federal income taxes, commission payments and support to own IC’s, payroll taxes if employees are hired by IC, FICA, SDI, unemployment tax, and workmen’s compensation insurance and hold Agency harmless therefrom.
26. It is the sole responsibility of IC to pay for repairs of personal property used for business purposes (e.g. personal computers, tablets, smart phones, printers, etc.).
27. IC shall obtain any necessary business license, Employee Identification Numbers and withhold properly for any of its employees, holding Agency harmless therefrom. IC agrees to follow the rules and laws of outside agencies governing the travel industry, including, but not limited to: those of the state of conducing and soliciting business to include the U.S. Government, county and local, National Do Not Call Registry, CAN-SPAM act, ARC, IATAN, CLIA, and Amtrak. Any violation of these rules is the sole obligation of IC.
28. IC indemnifies Agency from any such obligation arising from IC’s violations of any governing body.
29. IC’s confirms that by contracting with Agency is for the purpose of selling travel to IC’s clientele and not solely to obtain industry benefits that may be offered by travel and tourism suppliers to the travel agency community. IC will follow and meet all requirements set by industry vendors, suppliers, or trade organization to obtain any industry benefit or discount or rewards.
30. IC is responsible for their personal customers at all times to include any leads issued by agency. IC will follow up with all customers in timely manner and be available to assist with all issues that may arise.
31. Agency has absolute right to determine unilaterally whether or not IC can continue to perform services related to Agency to include authorization to participate at any level offered in Agency compensation system.
32. Based on level of pre-approved participation, IC has the right to resell any travel products offered by Agency “net rate” program at any price IC chooses that includes determining profit by the difference between agency cost and selling price (less merchant fees); therefore, the cost of discounting is the sole responsibility of the IC and must be paid for out of the IC’s portion of any profit.
33. Any prices related to products or services sold from Agency end consumer travel booking website will be determined by Agency and not determined by IC.
34. IC will earn commission based on 100% of net commission (less any merchant fees) received by Agency from vendor or supplier with IC earning their portion based on Agency compensation plan.
35. IC’s clients must make payments by check, or money order, or cahier check, to Travology Host Travel Agency INC or by credit card, or directly to the supplier to receive this protection.
36. IC is solely responsible for any misquotes or any monies due IC’s clients due to IC error.

IC and Agency Relationship
37. IC is not a bonded employee or agent or employee of Travology. Quotations, pricing, disclosed or undisclosed defaults, supplier bankruptcies and correct information for clients are the sole responsibility of IC.
38. IC retains the right to establish partnerships, employ or recruit sub-agents at its expense, without compensation from agency. IC will be responsible to train any sub agent and must follow ALL these terms and conditions with sub IC providing signed agreement to IC and IC submitting to Agency within 7 (seven) business days via email to [email protected]
39. If IC sub-agent’s sales require separate tracking, outside of IC ID number than sub IC will be required to pay related IC business and support fees.
40. It is the responsibility of the IC to pay its employees and sub contracted IC’s. IC assumes all legal and financial responsibility for these associates.
41. Travology does not provide IC with Workman’s Compensation Insurance, State Disability Insurance, Auto or any form of liability insurance, because IC is outside the scope of such employee benefits.
42. IC agrees to hold harmless and indemnify Travology against any claim for injury that may occur to IC in performance of IC’s duties. If IC is injured while visiting Travology office or attend any Travology training or event will hold Travology harmless for any cost, injury or loss that could occur.
43. If IC is approved to access agency GDS then IC will be responsible for any related fees assigned by agency. Fees will be disclosed in the upgrade process.
44. IC has the right to mail or request suppliers to mail brochures or marketing materials to clients at IC expenses. Any cost will not be paid by Agency.

Travel Organization Accreditation
45. IC’s that meet certain Agency and industry qualifications can use Agency Identification Numbers related to IATA, ARC, CLIA, ASTA, ARTA, NACTA or any other affiliated organization number only during the life of this agreement. If IC cancels or is terminated IC will return any ID with Agency affiliation to Agency and no longer use Agency ID numbers.  These numbers shall not be disclosed to other persons except vendors and cannot be transferred or sold to any third party. The disclosure of these numbers in violation of this paragraph is acknowledged by IC as a disclosure of trade secret material which would cause direct severe and irreparable financial loss and hardship to Agency.
46. If IC uses Agency identification numbers to book travel, then Agency is due its share of the commission and/or fees paid by the travel supplier and/or charged by the IC for all such sales brought to Agency for processing and customer payments must be made to Agency, in Agency name or to supplier by customer credit card that must be processed based on Agency PCI compliance policy.

Agency Logo Use and Representation to Industry
47. IC agrees to request written permission (by email) for the use of Agency logo for any marketing materials. IC shall prominently and conspicuously notice and display his/her status as an “Independent Contractor” on all materials, so as to avoid the implication that IC is employed by Agency.
48. IC shall have no authority to bind, obligate or commit Agency by any promise or representation to enter into contracts or perform services other than the transaction processing covered by this Agreement, unless specifically authorized in writing by an authorized Agency executive in a particular transaction.
49. Any contract on behalf of Agency must be signed by an authorized Agency executive.

Access to Private and Confidential Information
50. During the course of this Agreement IC may have access to private, confidential and proprietary information. Such information is typically, but not limited to, the business operations or internal structure of Agency, customers of Agency, any method of conducting business, special or preferred or net rate pricing and commission programs from Agency suppliers and or vendors.
51. For five (5) years after termination of this Agreement, IC will not either directly or indirectly induce, attempt to induce, or aid others in inducing any person including, but not limited to, employees or customers of Agency and/or other IC’s also parties to individual Agreements with Agency to leave their employ or association with Agency. Each of the parties mutually acknowledges that such interference with employment, customer fulfillment, or contractual relations will cause direct severe and irreparable financial loss and hardship to Agency with IC being financially responsible for any damages and legal cost.

IC Business Opportunity and Payments
52. IC cannot book travel on behalf of, a resident and/or citizen of a country other than the USA unless Agency, and/or IC is legally set up to conduct business in any country that was established by Agency.
53. Agency is to Pay IC by the 20th of Each Month for prior month commissions received to Agency by suppliers and/or vendors. Commissions are typically not issued to Agency from vendor or supplier until 30 to 60 days after travel was completed. Agency has the option to issue “net rate” commissions the following month after the trip was booked if travel included traveler insurance and other Agency polices that may apply. All customer bookings and commission tracking will be made available to IC in IC agent back office.
54. Any IC booking or commission that is not found or not listed in IC back office, IC will complete “missing transaction/commission form located in IC back office and submitted to Agency for resolution 55.  IC’s rank classification may change based on IC experience level, required training, or productivity. IC that is approved to participate in the lead program will be required to meet Agency standards of customer service and fulfillment satisfaction that will be continuously reviewed by Agency manager. Manager has the right to terminate any IC from participating in the Agency lead program for any reason.  56. Advancement in Ranks require additional fees and possible required education certification with all rank approvals determined by Agency Manager. All Ranks are a privilege and not a guarantee or demand and at the sole discretion of Agency.
57. For additional charges (fees), IC may choose to advance to higher Rank classification that will require fees plus certification requirements.

Processing Client Funds and IC Financial Responsibilities
58. It is IC’s sole responsibility to collect from clients, who have been extended credit, or payable deposits, any monies owed can only be collected per PCI compliance policy. If money cannot be collected, then IC will be fully responsible for any lack of payment with IC must pay the bill personally. This includes attrition penalties for group bookings as Agency will hold IC responsible for all contracts for their clients.
59. Any owed payment must be collected within seven (7) business days of the extension of credit or when funds were due.
60. When debit memos are received, that pertain to an IC’s booking, Agency ARC department will provide a copy of the debit memo to IC. If IC does not believe the debit memo to be valid, documentation to dispute the claim with the supplier must be furnished to Agency ARC department within 5 business days. Agency ARC department will work on IC’s behalf to clear or reduce the debit memo. If Agency ARC department is not successful IC will be responsible to pay Agency related debit memo fee within 5 business days from date of final notification.
61. IC’s cannot write down or electronically document any client credit card or personal data for any booking outside of Agency PCI compliance policy. If client signature is required for any transaction than IC will be responsible to follow up with client to collect outstanding forms or information per PCI policy.  62. IC is responsible for all disputed, declined or fraudulent charges within 7 days of knowledge and work with Agency for resolution.
63. Agency will issue a 1099 statement at the end of each calendar year for tax purposes if IC earns $600 or more during the calendar year.
64. It is IC’s responsibility to pay all applicable income or other taxes and fees.

IC Business Fees
65. IC will authorize Agency to collect payment of related IC training, activation, monthly reoccurring services and other fees IC agrees to pay by automatically charging IC form of payment that is on file in IC back office.
66. IC is responsible to maintain all fees or risk business on hold or terminated and commissions held until payments are updated.
67. IC will have 60 business days to fix any outstanding fees and after 60 days IC position can be terminated with no further commissions being issued to IC and commissions will default to company.
68. IC agrees that all charges or fees that are incurred during the term of this agreement are non-refundable to include all training modules.
69. Any debit memo, refunds, commission recall statements, credit card charge backs, uncollected client payments, or any other sums will be deducted against commissions or fees owed to IC by Agency.
70. IC expressly consents and grants Agency the right to deduct such amounts from compensation payments due to IC. If Agency is unable to collect the full amount of any payment due, Agency reserves the right to terminate or suspend IC affiliation without notification and seek legal recourse to collect outstanding dollar amount.

IC Advertisement, Marketing and Client Data
71. Agency requires any advertising to be submitted to Agency compliance department for approval prior to IC conducting such activity to assure IC is representing Agency within legal or Agency policy. All advertisement must be submitted through IC back office.
72. IC has no right to use Agency name in advertising in yellow pages, local directories, direct mail programs, or other promotional activities, except when IC is using their own business or personal name and words “Independent Business Owner” or “Independent Travel Consultant” or using rank achieved in Agency rank structure along with related state seller of travel number also listed. This includes business cards, flyers, brochures or any other advertisement or marketing materials.  
73. IC will assure any advertisement or marketing efforts do not violate any local, state or federal laws. 74. IC is free to seek and solicit clients from the general public and can maintain that client if IC were to leave Agency.
75. Any leads issued to IC from Agency will not be solicited until after five (5) years upon termination of this agreement.
76. Agency will hold IC client names in strict confidence and will not knowingly promote by direct mail or email to IC’s current client base unless IC is willing to allow their client to opt in to any Agency marketing campaigns.
77. Any clients established by agency will receive promotional information based on opt-in system.
78. IC’s client list is always the property of IC.
79. IC will not have access to Agency client base as Agency client base is a trade secret and all names and personal information are available only to Agency, its employees, or anyone Agency provides authorization such as lead program.
80. As part of initial activation fee, and for marketing to end consumers, IC will be issued a replicating Private Labeled End Consumer Website to include customizable features with all content managed by Agency. Agent website will also include an Agent back office with three level permission based on IC achieved Rank.

Industry Benefits and Agency Benefits for IC
81. IC may apply and pay for an IATAN card when all IATAN rules are met that at this time require an independent contractor (1099) to generate gross income equals or exceeds $5,000 in calendar year, or (12) consecutive months plus devote a minimum of 20 hours per week to the business of selling travel and be at least 18 years of age. IATAN application is available in Agent back office but will need to be approved by Agency manager prior to submission to IATAN
82. Agency will make available “net rates”, reduced rate travel, and familiarization trips available to IC through Agent back office with certain benefits accessed based on Rank.
83. IC is eligible to apply for individual CLIA membership under Agency CLIA affiliation when all CLIA rules are met and completing Agency required application form available in Agent back office.

IC commissions and Rank Benefit
84. IC has reviewed and agrees to Agency commission and compensation plan payout. Travology shall pay commissions to said ITC in accordance with the official and latest Travology Independent Travel Agent Commission Payment Policy. Assuming payment by the vendor is made to Travology in a timely manner, Travology receives commissions from various travel suppliers and vendors approximately 30 to 90 days after a trip is completed. Travology issues the ITC commissions after the 20^th of the following month.

Vendor commissions are calculated on the base fare of the cruise, air, train, etc. and are not paid on taxes, Airport Fees, Cruise Port Charges, or any other fees not related to the actual fare for passage. Some suppliers such as domestic Airlines do not issue any travel commission. Any international airline or consolidator that offers any commission will be listed in the commission pending section of ITC/ITM back office

Average Industry Commissions:

Domestic Airlines: none
   - Select International Airlines ad Consolidators: 1-3%
Cars and Hotels: 5% - 15%
Tours and Groups: 10% - 20%
Cruises: 10% - 18%
Excursions: 5% - 10%

Travology Preferred Vendors: 20% - 40% (net rates)

85. Based on achieving Rank of ITP or TDS, along with approval from Agency manager, IC has the right to charge whatever transaction fee to their customer(s) they so desire if fee collected through IC merchant account for personal customers.
86. If IC implement a transaction fee for any lead then IC will compete the transaction through Agency process with IC earning their related Rank commission level with Agency earning the balance.
87. IC’s that have achieved certain Ranks will have the ability to resell cruise line cabins to their individual clients at contracted rates along with the ability to offer clients free cabins, and or other amenities, for group bookings that are available through related Cruise line.
88. IC does not have the right to sign or enter into any group air contracts or other contracts with any carriers or suppliers involving Agency or affiliates ARC numbers without the express approval of an authorized Agency manager. If IC does so, IC risks any or all of the following: (1) Termination of IC contract; (2) IC will be financially responsible for any loss of override or negative financial impact due to group contract; (3) IC will receive no payment on any commission or fees generated on the group. If IC does not have the ability to issue group air tickets (e.g. does not have Apollo), Agency will assign an inside employee agent that will charge a $15 per ticket processing fee.  

Termination of Agreement and Indemnify
89. In the event IC fails to comply with this Agreement, Agency may immediately terminate this Affiliation Agreement. If IC Affiliation is terminated by Agency for any cause, IC will not be entitled to any refund of any prior payments or any other accumulated Fees.
90. Upon termination, cancellation or expiration of IC Affiliation, IC will immediately return to Agency via certified mail (paid by IC) any industry card issued under agency identification. This includes IATAN, CLIA cards or any other industry identification.
91. IC agrees to and will indemnify and hold Agency, Agency owners, board members,  executives, employees, contractors, officers, directors, shareholders, other IC’s and/or any Agency affiliates harmless from and against any and all claims suffered by Agency due to IC arising out of, or in respect of, (1) any violation of law by IC, (2) fraud (3) misrepresentation, (4) willful misconduct or gross negligence on the part of IC, (5) any violation of this Agreement by IC, (6) any costs, fees, expenses, liabilities or penalties associated with any withholding taxes, FICA taxes, federal unemployment taxes and any other federal, state or local taxes, payments or filings required to be paid, made or maintained in connection with any payments made to IC by Agency. These provisions regarding indemnification shall survive and remain in full force and effect even after the termination of this agreement.
92. In the event that any travel product or service provided by a third party supplier is unsatisfactory to IC or IC clients, IC will seek remedy starting with notifying Agency of any issue or problem or complaint in order for Agency to assist to facilitate resolution.
93. All warranties, expressed or implied, related to travel products provided by a third party suppliers are the responsibility of the third party supplier, not Agency.

Official Notification
94. Notices required or permitted under this Agreement shall be deemed given upon delivery to the receiving party at the addresses set forth on page 1 of this Agreement. All notifications, requests, claims, demands and other communications between parties shall be in writing in the following format. Notices shall be given (1) by delivery in person at Agency established place of business, (2) by courier service, (3) by first class, registered or certified mail (4) by facsimile or (5) by electronic email to the email address specified in this Agreement or such other address as either party may specify in writing. All notices shall be effective upon receipt by the party to which notice is received.

Recorded Calls
95. Agency customer service department records all calls incoming and outgoing for documenting all inquiries for accuracy and training purposes. IC understands and gives their consent that any call in which IC may participate with Agency will be recorded.
96. IC that is approved to participate in Agency lead program will be required to record all outgoing and incoming calls received using Agency loaned equipment.

Agreement Terms, Disputes and Jurisdiction
97. Agency reserves the right to modify any portion of this Agreement at any time with or without the consent of IC but Agency will inform via email or Agent website back office of such changes or additions. 98. If Agency changes any portion of this Agreement in the future, Agency will honor any bookings in progress.
99. Upon any Agreement change(s), IC retains the right to continue to do business with Agency or not. If IC chooses to no longer do business with Agency, as a result of the change(s) to this or future amended Agreement, IC can terminate all fees with any outstanding commissions payable the month after agency receives commission from supplier.
100. Any dispute between IC and Agency concerning the terms and conditions of this Agreement shall be submitted to binding arbitration pursuant to the laws of the state of Texas and the country of Denton.
101. If any action at law or in equity is necessary to enforce, or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any relief to which he may be entitled.
102. This agreement shall be governed and construed in accordance with the laws of Texas.
103. This agreement represents the complete understanding of Parties with respect to the described independent contractor relationship.  

Non-Discrimination
104. Travology does not discriminate in its acceptance or rejection of applicants because of race, creed, sex, color, sexual orientation, marital status or national origin.

Marketing Materials and Social Media
105. Business Cards and Letter Head
IC is required to only use company approved promotional materials that is available for purchase in IC back office. IC can submit approval to Travology compliance department for review of customized business cards, letter head or any other marketing materials. ITC is not permitted to use any marketing material that is not preapproved by Travology. This is done to ensure each aspect of Travology is fair, standard throughout and complies with the vast and complex legal requirements of Federal, State, Local and International laws.

106. Websites and Social Media
IC will be issued a Travology end consumer B2C travel booking website that can be customized by accessing ITC back office. Any other third party website that IC business may be promoted as a link or through affiliate marketing must be preapproved by Travology compliance department. ITC is not permitted to create their own website and use Travology logo or brand unless pre-approved by Travology compliance. IC is permitted to market their Travology travel business on any social media outlets as long as any social media representation is within policy

107. Media Advertisement and Media Inquiries
IC is prohibited from utilizing radio or television media for the advertising, or promotion of Travology services without the expressed written consent of Travology compliance department. In the event Travology does grant permission for the use of such media, Travology will have final authority on every stage of the production process with full rights to all recordings. All requests for approval must be submitted sixty days prior to advertising scheduled dates to ensure adequate time for review. IC is prohibited from responding to media inquiries regarding Travology its products or services, or their independent Travology business. All inquiries by any media must immediately be referred to Travology compliance department. Travology employs a professional staff responsible for replying to these inquiries. This policy assures accurate and consistent information to the public.

108.Recording Events 
ITC may not produce for sale any recorded company events or speeches without specific prior written consent from Travology. ITC shall not reproduce for sale, distribution or for personal use any recording of company-produced audio or video taped presentations.

Tradeshow, Exhibits, Public Events Policy
109. All Trade Show, or any other public event, participation must be registered and approved by Travology compliance department by submitting a Request for Trade Show Attendance Registration. Travology mandates only one IC booth may represent Travology at any Trade Show or Chamber of Commerce Event.

Travology reserves the right to approve or deny any tradeshow or exposition request. Requests are considered on a first come, first serve basis. The first request approved by Travology compliance department will be listed as Contact in IC/ITM Back Office event schedule under Trade Show Schedule. Please submit all requests to Travology Compliance Department 45 days prior to show date. In the event an IC finds a specific show already reserved, the IC may contact the person listed as the original Contact and propose sharing the booth or expanding the booth to accommodate both parties in the exhibit hall. ITC may not compete with another ITC at any public event. Original Contact has the right to decide whether another ITC may participate in said Trade Show. Travology requires all participants agree to terms related to finances, materials, and/or schedules prior to the event. Please be advised, Travology will not be involved in scheduling or assume financial responsibility for any event.

All Trade Show Fees are the responsibility of the IC, who is Contact for said event. Fees include, but are not limited to: booth space, electric outlets, telephone service, Internet access, show publication advertisement, and premium locations such as corners and main aisles. Travology will NOT be responsible for any related cost or financial loss. IC must use the term Independent Travel Agent or achieved Rank as listed on IC business cards. IC will not contact any vendor at any event in attempt to cross prospect or inquire/negotiate for business on behalf of Travology. In the event any vendor or company requests information about Travology, IC will forward their contact information to Travology Corporate Office and/or offer Travology contact information.

All registration information for any event must be listed under Contact name, telephone number, and home/business address. IC is prohibited to use Travology contact information including mailing address or telephone numbers for any billing or correspondence with Trade Show organizers.

An IC may offer prospects access to website bookings at the event from ITC’s website. ITC is strictly prohibited from receiving money for any travel reservation, or offering quotes other then what is displayed on the website.

Getting Started
110. To participate as a Travology Independent Consultant (IC) certain fees and/or accreditation is required, based on level of participation, to include ITM, ITP or TDS. Each IC must purchase the initial ITM system (TABS) and maintain related monthly service from Travology or any licensed third party affiliate. The approval process to upgrade to ITP or TDS requires additional fees paid direct to Travology and only available after the initial TABS purchase. The Travology price for any service or product may change without notice. Annual maintenance fees are part of the monthly reoccurring fee based on level of participation. ITM/ITP/TDS related technology, back office access and support are subject to change without notice.

Start as an Independent Travel Marketer (ITM) (Starting Rank)
111. IC is required to pay Travel Agent Business System (TABS) set-up fee and to activate at the first rank called “Independent Travel Marketer” (ITM). The TABS purchase includes an end consumer travel booking engine website and basic (level 1) back office access. The start-up fee will also incur a monthly service and maintenance fee to include accounting, commission and customer reports, basic training, and website updates plus customer service. ITM earns 50% of commissions generated.

Advanced Rank- Independent Travel Professional (ITP)
112. ITP is required to agree to background check included in the original TABS set-up fee. ITP monthly fee will incur an additional monthly fee to include access to the ITM basic level back office access and second rank (ITP) back office access. ITP monthly fees will include additional permission to ITM basic back office services to include basic accounting, commission and customer reports, basic training, website maintenance, customer service plus ITP back office that includes access to vendor and supplier contracts, consumer quote process, booking process, advanced vendor/supplier training and possible GDS access based on approval and possible GDS seat license. ITP earns 70% of generated commissions.

Highest Rank – Travel Destination Specialist (TDS)
113. TDS is required to agree to background check included in the original TABS set-up fee. TDS monthly fee will incur an additional monthly fee to include access to the ITM basic level back office access, ITP (second rank) back office access, and highest permission rank TDS back. TDS monthly fees will include permission to ITM basic back office services to include basic accounting, commission and customer reports, basic training, website maintenance, customer service plus access to the ITP back office that includes access to vendor and supplier contracts, consumer quote processing, booking processing, and advanced vendor/supplier training, possible GDS access based on approval and possible GDS seat license, and TDS back office to include access to the Travology lead program based on approval. TDS earns 80% of generated commissions for any bookings processed from TDS own business. If proved for the lad program TDS will earn 60% of lead commission with 30% going to ITM that referred the lead.

Cancellation, Termination, Re-Application, Transfer and Refund Policy
114. Basic Service cancellation is dependent upon Travology receiving ALL travel credentials issued under Travology brand, i.e. CLIA and IATAN card. Travology business cards must be destroyed. ITM end consumer travel B2C website setup, and monthly hosting, and service fees, and any purchased training modules are NOT-refundable. No involvement with Travology products or services is permitted without re-application and acceptance by Company. To cancel IC/ITM/ITP/TDS subscriptions requires 30 day written notice issued to [email protected] or by phone with customer service representative and confirmed by email issued by company to conclude any business relationship or further obligations.

Involuntary Termination
115. Any IC in violation of these Policies and Procedures will be reviewed by past conduct the compliance department’s internal investigation. Violations can result in fines, withheld or forfeited commissions, probation, suspension or termination. This decision shall be at the Company’s sole discretion. If Travology determines the violation warrants probation, IC will be placed on probation for a length of time determined by the compliance department. If Travology determines the violation warrants a suspension, the IC will receive a written notice from the compliance department and will not be able to collect commissions or access their business website back office. ITC will have the opportunity to contest said probation or suspension or any penalty in writing. Travology may immediately terminate service by written notice to IC. Should any part of these Policies and Procedures and/or the application be deemed to be invalid, the balance of these Policies and Procedures shall remain in effect. IC will receive a written notice and, if terminated, forfeit any right to future commissions and all travel credentials.

Bequeathed Business
116. IC business may be inherited or bequeathed. It may be sold or transferred to a recipient (or their immediate family) who is not currently, nor ever has been, a Travology IC. IC interested in selling/transferring their IC business must complete a Request for the Sale/Transfer of IC Business form in its entirety. The originating IC will be billed a $300.00 administrative and legal review fee for the sale of their IC business.

Be advised, upon date of transfer, any and all outstanding commissions roll over to the recipient of said IC Business. The recipient will assume sole responsibility of all financial obligations of the IC business, including fees. Travology reserves the right to approve the sale or transfer of an IC Business. 

Conflict of Interest
117. For any time during the term of this agreement or after the cancellation of IC business (cancellation may be either voluntary, involuntary, through non-renewal, inactivity or termination) of an individual or entity’s IC service, the ex-IC shall not directly or through a third party solicit any Travology IC or customer for any other travel marketing system or opportunity. This provision shall survive the termination or cancellation of the IC’s service. If the solicitation of the IC or customer is performed by a third party outside the Travel Agent Business System, Travology will undertake any and all legal actions necessary to be compensated for the irreparable harm caused by the unauthorized solicitation.

Governmental Approval or Endorsement
118. No Federal, State or Local regulatory agencies or officials “approve” or “endorse” a marketing company or system. ITC shall not represent or imply Travology has been “approved,” “endorsed” or otherwise sanctioned by any government agency, except for published licenses where applicable.

Income Taxes
119. Travology provides an IRS Form 1099 MISC. (Non-employee Compensation) earnings statement to each IC who had earnings $600.00 or more in the previous calendar year.

International Marketing
120. Travology is only open to conduct transactions with USA residents. IC is NOT eligible to solicit business outside the USA. There are critical legal and tax considerations, including, but not limited to, compliance with foreign laws regarding approval, registration, regulations regarding statements, taxes, literature content and language requirements, IC is authorized to sell Travology services only in the countries in which Travology is authorized to conduct business, as announced in official company literature.

Compliance with Federal, State, Local and International Laws
121. IC shall comply with all Federal, State, Local and International laws in the conduct of their business. The violation or attempted violation of any such law or regulation, or fraudulent or deceptive conduct, shall be grounds for disciplinary action by Travology

Minors
122. Minor is a person who is not of legal age, as recognized by the state or province in which they reside to enter a legal and binding contract. Minors are, therefore, ineligible to participate as an IC, regardless of an adult with legal guardianship granting permission. No one under eighteen (18) years of age, in any jurisdiction, shall be permitted to become an IC.

Release for use of Photographic, Audio, Video Image, and/or Testimonial Endorsement
123. IC hereby grant to Travology and its successors, assigns, employees and agents, the absolute and irrevocable right and permission, with respect to any photograph, audio and/or video picture taken of them, or in which they may be included with others, and with respect to any testimonial endorsement:

• To use, reuse, broadcast, rebroadcast, publish, or republish such photograph, audio, video, or endorsement, in all or in part, individually or in conjunction with any other photograph or video, or any other endorsement, in any current or future medium and for any purpose whatsoever, including but not limited to: marketing, advertising, promotion, and/or publicity.
• In the case of visual representations, to copyright such photograph and/or video, in the original or as republished, in the name of Travology, Inc., or in any other name. IC hereby confirm the information given by them as a testimonial endorsement, or represented in a photograph; video or audio is true and accurate to the best of their knowledge. By submitting the testimonial, the IC hereby waives any right they may have to inspect or approve the finished or unfinished product or products, the advertising copy, printed, recorded, photographic or video matter which may be used in connection therewith, or the use to which it may be applied.
• IC hereby release and discharge Travology and their successors, assigns, employees, and agents, from any and all liability, claim and/or demand arising out of or in connection with the creation and the use of the above-mentioned photograph, video, audio or endorsement, including any claim for defamation. This includes, but is not limited to, telephonic recordings at Corporate Offices made for training or quality control purposes.
  

TDS Lead Program
124. TDS must complete the TDS Lead Approval Application in order to be approved as a TDS. Any TDS applicant must show industry related background experience and working conditions

• Pass background check with no convictions for felonies or misdemeanors related to fraud, theft, identity theft, sexual crimes or violent crimes or any other crime deemed by Travology to be conflicting with Travology brand and business.
• Proven employee or independent travel agent history to include processing travel related to customized vacations, groups and/or any other experience that required high touch service.
• Been a travel agent and earned IATAN status or commissions over $5,000 in any calendar year.
• Has developed vendor and supplier relationships
• Has developed a “niche” such as cruises, honeymoon, corporate or any other category that would be valuable experience to Travology.
• Willing to complete TDS profile to assure the right lead to the right agents.
• GDS knowledge with Sabre or Amadeus is a benefit but not required
• Required to have in home office space separated from any other distractions Has computer or laptop and proficient with on-line technology along with internet
• Willing to connect to company call system to record all calls related to Travology business
• TDS will be rated by client and Travology lead manager for performance and quality. Lead distribution will be based on ranking system and which TDS best fits the lead request.
• Complete the TDS lead program application and agreement
  

Once approved, TDS will be eligible to access leads through their TDS advanced back office. All leads must be called within the same business day to complete or set up a customer interview to go over client’s travel details. All data will be documented in TDS notes section and all quote request will be completed within 3 business days unless agreed by client.

Investigations
125. Investigations are conducted by the Travology Compliance Department to protect the ICs, consumers and the company against negative publicity, legal ramifications or financial hardship and to ensure the adherence to the corporate guidelines outlined in these Policies and Procedures. Investigations are a non-biased collection and examination of facts and circumstances surrounding a particular action, event, or individual where there is reason to believe a violation of the Travology, Policies and Procedures has occurred. In order to resolve any issues in a timely manner, ICs agree to cooperate fully and provide complete and accurate information to the investigator. Failure to cooperate fully and in a timely manner, whether the subject of the investigation or an ancillary witness, may result in sanctions against the IC’s business, including fines, suspension and/or termination.

Seller of Travel Laws
126. California, Hawaii, Florida, Iowa, Nevada, Rhode Island, and Washington State require all travel agencies to register as a Seller of Travel and to comply with bonding and/or trust account requirements for sales to clients located in those states where Travology services are promoted. IC is required to place Travology Seller of Travel Registration Number on all marketing materials and business cards used to promote Travology services in those states. IC will not accept direct payment of any monies from any client but will refer all transactions, booking and processing of funds to be completed at the Travology website and/or Travology Call Center. Accordingly, IC shall either comply with the foregoing requirements or shall register as a Seller of Travel under the applicable state law or laws. Although there are thousands of governing laws and statutes on the books in the numerous jurisdictions in which IC operate, there is one critical new state law which requires specific publication in these Policies and Procedures, to wit: IC residing in Florida will be required to complete a Sellers of Travel Independent Sales Agents – Statement of Exemption annually. IC residing in Florida will find link to Florida agriculture department to register with Florida seller of travel law.

Travel Vendors Services Terms and Conditions (reservations, bookings, purchases)
127. IC agrees to abide by the terms and conditions of purchase imposed by any vendor/supplier the IC elects to deal with. All terms and conditions will apply, including cancellation and deposit policies, when purchasing products and services from vendors and or suppliers. Travology assumes no responsibility or liability for any errors or omissions from vendors and or suppliers. Travology requests travelers to review and evaluate all travel prohibitions, warnings and advisories issued by the government before booking travel to international destinations. By offering sales to international destinations, Travology does not represent or warrant said travel is advisable or without risk, nor does Travology assume liability.

                                                                           Commission Plan

Ranks

ITM - Independent Travel Marketer
ITP – Independent Travel Professional
TDS - Travel Destination Specialist

Travology receives commissions from suppliers approximately 60-90 days after travel is completed. Travology issues related percentage of “net” commission to IC based on IC rank and calendar month after Travology receives the commission from vendor.

Travology have “net rate” (non-commissionable) contracts where Travology is the merchant of record and sets the commission rate. IC will earn related percentage of established commission the calendar month after the trip is completed or in some cases IC may receive the commission the following week after full payment is received under certain circumstances as outlined in Travology advanced training.

Rank Requirements
Price, Qualification & Authorization

                                                         *Prices are subject to change at any time

Fees Include

ITM: (Entry level with no experience)

• Private Labeled End Consumer Booking Engine Website (Personalized)
• Agent back office with level 1 permission
  - Rebate Mall
      - Shopping Savings Mall (soon to be announced)
      - Preferred Merchants Savings Website
• Email support
• Accounting for commissions and customer reports
• Agent training (webinars and additional advanced training at reduced prices)
• Marketing tools
• Travology agent net rate booking engine website (savings on personal travel)
• Invitation to join Travology FAMCations
• Invitation to vendor training and cruise ship inspections
• Invitation to annual Travology conference (vendor and supplier training plus agent awards)

ITP:

• Travology training modules for certification to be involved in booking process
• Background check
• Once approved earn higher commissions
• Private Labeled End Consumer Booking Engine Website (Personalized)
• Agent back office with level 2 permission (access to net rate preferred suppliers)
  Rebate Mall
      - Shopping Savings Mall (soon to be announced)
      - Preferred Merchants Savings Website
• Industry organization registration access (CLIA and IATAN)
• Access to industry supplier reward programs
• Annual travel insurance for personal travel
• Email support
• Accounting for commissions and customer reports
• Agent training (webinars and additional advanced training at reduced prices)
• Marketing tools
• Travology agent net rate booking engine website (savings on personal travel)
• Invitation to join Travology FAMCations
• Invitation to vendor training and cruise ship inspections
• Invitation to annual Travology conference (vendor and supplier training plus agent awards)

ITP:

• Travology training modules for certification to be involved in booking process
• Background check
• Once approved earn maximum commissions
• Private Labeled End Consumer Booking Engine Website (Personalized)
• Agent back office with level 3 permission (access to net rate preferred suppliers),

Industry organization registration access (CLIA and IATAN), ability to apply
for lead program, and if approved, access to GDS (extra license fee)

• Access to industry supplier reward programs
• Annual travel insurance for personal travel (third tier benefit)
• Email support
• Accounting for commissions and customer reports
• Agent training (webinars and additional advanced training at reduced prices)
• Marketing tools
• Travology agent net rate booking engine website (savings on personal travel)
• Invitation to join Travology FAMCations
• Invitation to vendor trainings and cruise ship inspections
• Invitation to annual Travology conference (vendor and supplier training plus agent awards

Agreement: I agree to all terms, conditions and refund policy. I have read and agree to compensation plan that can change at any time □ Yes I agree