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VantagePro100™
1. Term of Agreement - TLC Travel Partners hereby retains the Independent Contractor to act as an independent outside salesperson and the Independent Contractor agrees to act in such a capacity on behalf of TLC Travel Partners for a period of one year from the date of this agreement. By submitting this application you are agreeing to 12 consecutive months of service at:
This membership term will renew automatically for my convenience unless I, or TLC Travel Partners elect to discontinue the membership in accordance with the Terms and Conditions. Notice must be made in writing and emailed or faxed to TLC Travel Partners 30 days prior to the anniversary date. 2. Duties of Independent Contractor - The Independent Contractor are hereby retained by TLC Travel Partners as a self-employed business person to sell travel and travel services to the public on behalf of TLC Travel Partners. 3. Fees • ANNUAL OPTION: _____________________________________________________ There is currently no Setup Fee when paying Annually . TLC Travel Partners will debit the Independent Contractor’s credit card for the annual membership fee annually on the anniversary date. Independent Contractor’s credit card authorization will be kept on file at TLC Travel Partners headquarters • ANNUAL OPTION: This is a savings of over $120.00 on the VantagePro100™ Membership Plan. TLC Travel Partners will debit the Independent Contractor’s credit card for the annual membership fee each year on the anniversary date of this sale. On the VantagePro100™ Membership Plan a annual renewal fee of $159.95 is charged each year on the anniversary date of this sale 4. Compensation of Independent Contractor – As compensation for the services rendered under this Agreement, the Independent Contractor shall be entitled to 100% of the point of sale commissions generated by Independent Contractor and received by TLC Travel Partners. Depending on which Membership Plan they choose. For complete details of the commission plan, see Attachment “A". 5. In General – For purposes of earning the IATAN card, TLC Travel Partners shall report for the Independent Contractor 100% of the Gross Commissions received by TLC Travel Partners for sales of travel or services by the Independent Contractor 6. Commission Compensation - The net commission is defined as the commission to TLC Travel Partners and minus any commissions rebated to a commercial account or individual client. The Independent Contractor shall not enter into any rebating agreement, or other agreement, on behalf of TLC Travel Partners without the written consent of TLC Travel Partners. Any gifts, administration fees, ticketing fees, CRS charges, delivery fees, accounting research fees, debit memos, charge backs, etc. will be deducted from the agents commissions.7. Agency to Receive All Commissions - The Independent Contractor agrees that all check and cash monies are to be transacted through TLC Travel Partners and never directly to the supplier when using TLC Travel Partner's ARC, IATAN, CLIA, or other TLC Travel Partners Booking Identification Number. In the event an Independent Contractor or his/her clients send any monies directly to the supplier for booking made using TLC Travel Partner's ARC, IATAN, CLIA, or Booking Identification Number, this Independent Contractor Agreement will be deemed in breach and may be terminated. All credit card transactions are to be transacted and processed by the Independent Contractor directly with the supplier/vendor. If the Independent Contractor authorizes or requests any supplier/vendor to send commission directly to the Independent Contractor when using TLC Travel Partner’s ARC, IATAN, CLIA, or Booking Identification Number, bypassing TLC Travel Partners, this Independent Contractor Agreement will terminate immediately and Independent Contractor will forfeit any and all unpaid commissions. While the Independent Contractor is free to do business with any entity or individual, TLC Travel Partners shall receive all of the commission paid by any supplier for any sale in which the Independent Contractor uses TLC Travel Partner’s ARC, IATAN, CLIA, or Booking Identification Number to process the sale. The commissions will then be paid to the Independent Contractor.8. Method of Payment - Independent Contractor shall be paid monthly by TLC Travel Partners. TLC Travel Partners shall, within 25 days of the end of each month, provide Independent Contractor with a statement of all commissions earned and paid to TLC Travel Partners in the previous month, and all deducted monthly fees, applicable GDS fees, and expenses directly attributable to those sales as outlined above, accompanied by payment for Independent Contractor's share of those commissions earned. For purposes of qualifying for the IATAN card, TLC Travel Partners shall report gross earning to the IRS (Form 1099) for the Independent Contractor and pay net to Independent Contractor (minus expenses). 9. Examination of Books - The Independent Contractor shall have the right, either personally or by accountant retained and paid by the Independent Contractor, at times mutually convenient to TLC Travel Partners and the Independent Contractor, but in any event at least once during each half of the calendar year, to examine books and accounts of TLC Travel Partners insofar as they relate to transactions affecting the amount of the Independent Contractor's compensation.10. Independent Contractor Will Provide Their Own Business Supplies and Be Responsible for Their Own Expenses - Independent Contractor shall provide his/her own business cards and other promotional materials and shall otherwise be responsible for all expenses incurred in performing his/her duties under this Agreement 11. Place of Work - The Independent Contractor may choose where the work is to be performed, is not required to work on the premises of TLC Travel Partners, and is not required to answer the phones, or perform any other duties at TLC Travel Partner's offices.12. Hours - Independent Contractor may work whatever hours he/she desires. No fixed hours may be required by TLC Travel Partners. The Independent Contractor shall not be required to attend office meetings or office training sessions. 13. Risk of Loss/Profit Potential - Independent Contractor assumes the risk of incurring a loss if his/her share of sales commissions does not cover the Independent Contractor's expenses. Similarly, Independent Contractor enjoys the right to earn a profit yielded by commissions shared pursuant to this Agreement.14. No Entitlement to Vacation or Health Benefits as Independent Contractor - As a self-employed individual, the Independent Contractor shall not receive or earn any vacation or sick pay from TLC Travel Partners and is not covered under the agency's medical or dental plan. 15. Ability to Hire Assistants - Independent Contractor retains the right to employ assistants that he/she may require at the Independent Contractor's expense. Any assistant hired by the Independent Contractor may not be a booking/sub-agent. It is the responsibility of the Independent Contractor to pay his/her employees.16. Independent Contractor Shall Be Responsible for Filing - of Federal, State, and Local Estimated Payments on Commissions Received from TLC Travel Partners, and for Other Assessments. Independent Contractor agrees to be fully responsible for complying with all federal, state, and local laws in connection with performance of this Agreement, including, but not limited to, payment of any estimated or other federal, state, or local income taxes, payment of applicable charges for social security, FICA, worker's compensation and obtaining any required state or local licenses or registration as a self-employed seller of travel/Independent Contractor. Independent Contractor is also responsible for taxes and Social Security for any employee(s). Independent Contractor agrees to indemnify and hold TLC Travel Partners harmless for any assessments against TLC Travel Partners because of any failure by Independent Contractor to properly pay federal, state, or local income taxes (including estimated tax payments) and file returns in connection therewith, or to pay social security, FICA, or worker's compensation. 17. TLC Travel Partners and Independent Contractor Responsibility Related to Website Access - TLC Travel Partners is not responsible or liable for any direct or indirect loss of business or inconveniences resulting from malfunctions, failures, downtime or maintenance of any hardware, software, web page hosting, telephone lines, cable lines, intranet or internet. All computer hardware and software is provided by third party vendors or suppliers and is not the responsibility of TLC Travel Partners. Neither party shall be responsible for downtimes, delays, software failures or nonperformance caused by acts of God or governmental authority, strike or labor disputes, breach of contract by suppliers, or any other cause beyond the reasonable control of that party.18. Ownership of Customers - The parties acknowledge that all customers introduced to TLC Travel Partners by the Independent Contractor are and shall remain the property of the Independent Contractor. Those clients that were introduced to the Independent Contractor by TLC Travel Partners are and shall remain the property of TLC Travel Partners. If the Independent Contractor shall cease to be associated with TLC Travel Partners for any reason, all customers of the Independent Contractor, other than those introduced by TLC Travel Partners, shall be free to continue doing business with the Independent Contractor independently, or through any other Travel Agency. 19. Events Causing Termination - This Agreement is terminable prior to its expiration at the will of either party, by giving 30 days notice, following are additional grounds for termination: 20. Non-Continuance of Agreement - TLC Travel Partners, Inc. reserves the right to change, revoke or cancel this agreement at any time with the Independent Contractor for: A) Misrepresentation, Dishonesty, Fraud, Unprofessional Activities, and Inappropriate Conduct. B) Violation of ethics which could be damaging to the profitability, image and integrity of TLC Travel Partners, Inc. C) The occurrence of circumstances that make it impossible or impracticable for the business of TLC Travel Partners, Inc. to continue. D) The willful or negligent breach of duty by the Independent Contractor in the course of his/her performance under the Agreement. E) The continued incapacity on the part of the Independent Contractor to perform his/her duties. F) Failure to comply with California Sellers of Travel Law as currently written and/or amended. G) Failure to comply with any State or Government which has a Sellers of Travel Law as written and/or amended. H) If the Independent Contractor or their clients send any monies directly to the supplier/vendor, this Independent Contractor Agreement will terminate immediately. I) if the Independent Contractor authorizes or requests any supplier/vendor to send commission directly to the Independent Contractor bypassing TLC Travel Partners, this Independent Contractor Agreement will terminate immediately. Should the Independent Contractor be terminated for any of the reasons listed above or any other unlawful act, the Independent Contractor will forfeit all unpaid commissions. 21. Seller-Of-Travel Law - If the Independent Contractor operates, sells or markets in a State that has a Sellers of Travel Law, the Independent Contractor agrees to abide by those applicable laws as currently written and/or amended. It is the responsibility of the Independent Contractor to check with the applicable government authority regarding these consumer protection laws. 22. Non-Disclosure, Non-Disruption and Confidentiality - The Independent Contractor understands and agrees in return for receiving any information or materials written, verbal, or electronic concerning TLC Travel Partners and/or its affiliates, agrees to keep secrets and not to divulge, disclose or communicate, either directly or indirectly, to any person, firm, partnership, corporation or any other entity whatsoever any information concerning the matters effecting or relating to the business of TLC Travel Partners and/or its affiliates, including but without limitation to, trade secrets, selling, marketing and advertising procedures, past or present employees, past, present pending clients, agents, subcontractors and affiliates, recruitment and training plans, agent commission programs, daily operations, corporate policies and procedures, supplier and vendor commission and override contracts or any other agreements with these suppliers and vendors, and any other information that TLC Travel Partners and its affiliates may deem confidential. The Independent Contractor agrees not to act, or fail to act in any manner either directly or indirectly, that may cause the disruption of business, direct any business away from, and/or to cause discord to the business of and/or business relationships of TLC Travel Partners and/or its affiliates. Any such breach will result in immediate termination and forfeiture of unpaid commissions 23. CANCELLATION POLICY This Agreement is for a period of one year. By submitting this application you are agreeing to 12 consecutive months of service at your Monthy Membership Option Plan. This membership term will renew automatically for convenience. Termination before the contract period of one year will constitute a breach of this agreement and the entire balance will become due. Notice to cancel must be made in writing and emailed or faxed to TLC Travel Partners 30 days prior to the anniversary date.24. Effect of Termination on Compensation - In the event of the termination of this Agreement prior to the completion of its term specified herein, without cause, the Independent Contractor shall be entitled those commissions earned and received by TLC Travel Partners. Any and all commissions not received by TLC Travel Partners from its suppliers will be forfeited by the Independent Contractor. The Independent Contractor shall be entitled to no further compensation as of the date of termination. All unvested bonuses and/or stock options will be cancelled upon termination of this agreement. 25. Remedies - Any controversy or claim arising out of or relating to this Agreement shall be settled by the courts of Polk County, Iowa.26. Attorney's Fees and Costs - 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 other relief to which he/she may be entitled. 29. Non-Assignability - This is a personal service agreement that shall not be assignable by the Independent Contractor without the written consent of TLC Travel Partners. 30. Amendment of Contract - TLC Travel Partners may make amendments and/or changes to this Agreement at any time 30 days in advance of the effective date by electronic notification (e-mail). Amendments and/or changes to the contract shall effective automatically 30 days after electronic notification. Amendments and/or changes to the contract will not apply to any bookings made prior to the effective date of such changes provided that the Independent Contractor has entered the booking into the booking notification system or a TLC Travel Partners approved booking system. Independent Contractor will have 10 days to provide TLC Travel Partners with written notice of termination of the Independent Contractor Agreement. Independent Contractor’s failure to provide written notice of termination of this new Agreement within 10 days of the effective date of such amendment and/or changes will indicate that the Independent Contractor is agreeing to abide by the terms and conditions of the new Agreement. 31. Complete Agreement; Modification or Waiver - This agreement represents the complete understanding of the parties with respect to the described Independent Contractor relationship. No waiver, amendment, or change of any provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. Attachment “A” TLC Travel Partners Compensation Take advantage of the most lucrative and highly rewarding compensation plan in the Travel Industry. Earn 100% the Commission. With “Unique Membership Plan”.
By enrollment in one of TLC Travel Partners VantagePro plans and submitting payment you are agreeing to the above stated terms of agreement.
TLC Travel Partners BY:______________________________ DATED:_______________ INDEPENDENT CONTRACTOR BY:______________________________ DATED:_______________
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