World Travel

Specialists

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MSEP Agent Agreement

​This agreement is between World Travel Specialists (known going forward as WTS) and yourself the Independent Contractor (going forward known as the IC).

 Term of Agreement – If approved and accepted by WTS and IC agree that IC shall act as an IC representing WTS for a period of one (1) year from the date of this agreement. At the end of that period and all subsequent periods thereafter, the Agreement shall automatically renew and be extended for an additional one (1) year, unless either party serves the other with notice 30 days prior to the expiration date with their intent not to renew.

 

  Proof of Status - the IC agrees to supply a copy of either a military spouse ID or a copy of a DD214 showing they are either military spouse or veteran.  If neither are furnished when registering, they will be charged the normal registration fee.  The ID can be scanned/emailed to agents@worldtravelspecialists.biz or faxe

 Duties of IC – The IC desires to sell travel and travel services to the public. In so doing, IC will use WTS to fulfill travel requirements of his/her clients.

 IC Acceptance Standards - WTS has the sole discretion to accept or decline any IC for any reason whatsoever. We do not approve ICS’s with any unsatisfactory reference check, any financial criminal background history including, but not limited to, writing worthless checks, embezzlement, credit card fraud, identity theft, or grand theft.

Compensation – As compensation for the services rendered under this Agreement, the IC shall be entitled to a commission they choose:

 

            Introductory - for MSEP members and for people who want to "try it".  There is no monthly fee and                                     commission level is set at 75%.  Mainly for agents who sell less than $25,000/year                              

 

            Silver - This commission level is set at 80%.  There is no monthly fee.  For agents who sell between   

                  $25,001 - $45,000/year.             

 

            Gold - This commission level is set at 85%.  There is no monthly fee. For agents who sell between $45,001 -                   $65,000/year           

 

            Platinum - This commission level is set at 90%.  There is no monthly fee.  For agents who sell more   

                than $65,001/year. 

  

 Commissions are paid via WTC  direct deposit, or by paypal, whichever the IC desires.  Commissions are paid out twice a month on the 15th and the 30th in the month after the client returns from the trip.

  There are no monthly fees or any yearly renewals except if the IC decides to join  Cruise Compete (see below) 

 Agent Referrals – If an IC refers someone to become an agent with WTS the IC shall receive a $25 VISA Gift Card once the referral has made their first booking and paid their first commission.  An IC will in no way receive any part or portion of referred agent’s commission nor any other compensation.

 Travel Shows – IC is urged to attend any local travel shows/expos that happen throughout the year.

 Booth Shows – WTS will have booths throughout the year at various festivals.  If the IC is local and chooses to work at the booth show, WTS will share any and all leads with the IC.  If the IC decides to do a show on their own in their local area it is their sole responsibility and cost to have a booth at the show and they keep all the leads.


 Occasionally FAM trips come available for agents.  If this case arises, IC will be offered the chance to attend.  No agent is allowed to attend FAM trips until $5,000 in sales is reached.

 Client Gifts/OBC – the IC is solely responsible for the cost of any on board credit or gifts to a client unless pre-arranged with WTC and only under unusual circumstances will WTC pay for client gifts/OBC.

 Taxes -  NO taxes will be withheld and IC will receive a 1099 at the end of the year in accordance with the law.  IC is responsible to file a tax return and if IC does not WTS will not be held responsible.

 Place of Work - The IC is able to work from the comfort of their home or any place they deem appropriate.

 Dress Code of IC – WTS requires all ICs dress in a casual business manner when meeting with clients or vendors.

 Hours – The IC will have no set hours and will work at their own pace.

 Entitlement to Health Benefits – There are no health care benefits offered to any IC at this time.

 IC is highly encouraged to purchase Error & Omission Insurance.

 WTS will provide IC with a company email address, an agent website, and an extension on the toll free number to be used for conducting business as well as leads from our lead generating site: quotemytrips.com.

 IC will provide WTS with a short bio and a photograph for the company website.

 WTS will provide IC with a list of vendors but it is the responsibility of IC to obtain all login and passwords for each vendor except the vendors where WTS has to initiate.

 WTS will take the responsibility to assist IC on the various systems, language and all aspects of travel to ensure that IC is able to function as a travel agent.  IC acknowledges they are subsequently responsible for obtaining all certifications desired by IC and reporting to WTS when each certification has been achieved.  There is no cost for certifications through various vendors.

 If IC decides to join Cruise Compete to generate leads and/or bookings they are responsible for uploading their own specials and answering requests from future clients in a timely manner.  IC is responsible for reporting all bookings to  Cruise Compete.  If they do not report bookings the contract with WTS will be terminated immediately for fraud on the part of the IC.  IC will NOT under any circumstances answer any requests for specials on behalf of any other WTS Agents without their specific permission.  If IC does, it will be immediate termination of contract.  IC is responsible for the fees associated with Cruise Compete and is aware all fees will be deducted from commissions related to the booking.

 If IC decides to join any other lead generation company (Tripology, TripAtlas, TripNut, etc) it is the sole responsibility for the IC to pay for leads or monthly fees and understands that WTS will not be responsible for reimbursement of the purchase of the leads.  If IC does join Tripology and gets refunded by the vendor WTS will NOT take any percentage of the refund.

 Responsibility Related to Websites, Hardware, Software, Customer Databases, GDS – WTS is not responsible or liable for any direct or indirect loss of business, loss of use or inconveniences resulting from malfunctions, failures, downtime or maintenance of any hardware, software, GDS, booking engines, customer database, website hosting, webpage hosting, telephone lines, cable lines, intranet or internet. 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.

 Remittance of Money – Any money (cash/check) due for cruises, tours or any other bookings done by the IC on behalf of his or her client shall be remitted to WTS within the allotted time set forth by the supplier. Applicable fees will be charged to the IC for any bookings requiring WTS to rush or expedite monies to a supplier. WTS only accepts credit cards. The IC will abide by all current and future policies for the issuing of airline tickets using WTS’s TRUE number.

 If IC decides to charge a “Plan to Go” fee, that fee is to be paid to WTS by client check, money order or Paypal.  This will be held and added to the client’s trip if they decide to go but if cancelled the money will be given to the IC without any commission taken out; unless specified by the IC in a written agreement with the client.

 IATAN / CLIA /TRUE Id Cards – These 3rd party issued travel industry identification cards are not the property of the IC. WTS and the IC will abide by all rules and policies for the issuance, renewal, continuance, and termination of these travel industry identification cards. Upon termination of this agreement, any TRUE, CLIA or IATAN cards bearing WTS’s identification number will become invalid and must be destroyed or returned immediately to WTS for disposal. The IC is responsible for any unauthorized use of the cards after termination. If upon termination of this agreement and if the IC requires their card to be transferred, it is the IC’s responsibility to handle such transfer with WTS assisting as requested by IATAN, TRUE and/or CLIA.  IC may join OSSN or CLIA when they are eligible and not before.  When IC joins OSSN or CLIA, IC will be responsible for filling out all forms and submitting to WTS when all TRUE or CLIA obligations are met and fee paid by IC as this is not a requirement.

 Agency to Receive All Commissions - The IC agrees that all check and cash monies are to be transacted through WTS and never directly to the supplier when using WTS’s TRUE or other WTS Booking Identification Number. In the event an IC or his/her clients send any monies directly to the supplier for booking made using WTS's TRUE or Booking Identification Number, this Employment Agreement will be deemed in breach and may be terminated. All credit card transactions are to be transacted and processed by the IC directly with the supplier/vendor. If the IC authorizes or requests any supplier/vendor to send commission directly to the IC when using WTS's TRUE, or Booking Identification Number, bypassing WTS, this Employment Agreement will terminate immediately. While the IC is free to do business with any entity or individual, WTS shall receive all of the commission paid by any supplier for any sale in which the IC uses WTS's TRUE, or Booking Identification Number to process the sale.

 Ownership of Customers – Both IC and WTS acknowledge that all customers introduced to WTS by the IC are and shall remain the property of the IC. When this Agreement terminates, all customers of the IC shall be free to continue doing business with the IC independently, or through any other Travel Agency.

 IC’s Customer Database and List Confidentiality Agreement – The IC’s customer database or list will always be identified in the WTS database as the property of the IC. WTS may not use any IC customer database or list for any purpose without the express written consent of the IC. Upon termination of this agreement, the IC’s Customer Database or List will be deleted from the WTS main database unless an export request is made in writing within 5 business days. It is the responsibility of the IC to maintain a regular download and back-up of their customer database or list. WTS is not responsible for any loss of data regardless of the cause.

 If there is no activity such as: training, response to emails from WTS or bookings within 8 months the account will be deactivated and IC will be required to pay $200 re-activation fee and will be put on probationary status.  An initial email will be sent from WTS asking IC if they are still interested, offering assistance and asking the IC to contact WTS.  If no response is received within thirty (30) days the account will be deactivated.

 Termination with 30-Days Notice - This Agreement is terminable without cause prior to its expiration at the will of either party, by giving thirty (30) days notice.  In the event of the termination of this Agreement prior to the completion of its term specified herein, the IC shall be entitled to the compensation earned by him/her prior to the date of termination as provided for in this Agreement computed pro rata up to and including that date; the IC shall be entitled to no further compensation as of the date of termination. All claims by the IC for pay on sales are waived by the IC if not made in writing using signature traceable mail (i.e. USPS registered mail, FedEx, and UPS) within seven (7) days of the date of termination. Any and all bookings under final payment will not be released to any other travel agency.

 Transfer of Bookings to Another Travel Agency – At the request of the IC, WTS will transfer individual bookings for a fee of $50.00 and group bookings for a fee of $200.00. IC must follow procedures as identified by WTS which are provided upon request. All bookings transfer requests must be made in writing to WTS. WTS will complete the request with the supplier on WTS letterhead signed by the WTS owner/manager.

 Immediate Termination  – WTS reserves the right to immediately terminate without notice this Agreement with the IC for: The occurrence of circumstances that make it impossible or impracticable for the business of WTS to continue; The continued incapacity on the part of the IC to perform his/her duties; The willful or negligent breach of duty by the IC in the course of his/her performance under this Agreement; Misrepresentation, Dishonesty; Fraud, Theft, Identity Theft, Worthless Check Writing; Unprofessional Activities including, but not limited to, using abusive language directed at WTS ICs; Inappropriate Conduct, including, but not limited to, using abusive language, making slanderous comments or defamation of character directed towards WTS at any travel industry event including, but not limited to, trade shows, seminars-at-sea, and FAMS; Disruption of WTS’s business, including, but not limited to written, verbal or electronic adverse or derogatory communication through emails, chats, postings, blogging, bulletin boards, and message boards; Failure to pay any monthly or annual fees within 30 days of the due date; Failure to comply with any Local, State, Province or Federal laws (travel related, civil, criminal) as currently written and/or amended; The IC authorizes or requests any supplier/vendor to send commission directly to the IC bypassing WTS; The IC or their clients send any monies directly to the supplier/vendor; Any alteration by the IC of WTS’s profile with any and all suppliers/vendors (In the unforeseen event that you encounter a supplier that has an address for WTS other than the address at the top of this agreement, you are required to advise WTS so the correction can be made - do not update yourself.); Violations of airline ticketing rules and/or ARC (Airline Reporting Corporation) rules; Violations of any supplier rules, including, but not limited to, rebating, discounting, deceptive advertising, failure to provide any promised upgrade or onboard credit, onboard or on-property solicitation of customers or agents, violation of a no-book status mandate/ruling held against you If any of the above occurs, this Agreement will terminate immediately and the IC will forfeit all unpaid salary. Any and all bookings under deposit or final payment will not be released to any other travel agency.



 Cease and Desist - Upon termination of this Agreement, WTS demands the IC to cease and desist in using any proprietary information or systems, such as, but not limited to, our TRUE/IATAN/CLIA or booking phone number, WTS’s website, GDS systems, booking software, and booking engines to hold, book or process any bookings for yourself, your company, your sub-agents or your clients. Any unauthorized use of our TRUE/IATAN/CLIA or booking phone number after the termination of this agreement, WTS will pursue to hold the IC accountable and seek damages to the fullest extent provided by law.

 Non-Disclosure, Non-Disruption and Confidentiality - The IC understands and agrees in return for receiving any information or materials written, verbal, or electronic concerning WTS 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 WTS and/or its affiliates, including but without limitation to, trade secrets, selling, marketing and advertising procedures, past or present ICs, 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 WTS and its affiliates may deem confidential. The IC 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 WTS and/or its affiliates. Any such breach will result in immediate termination and forfeiture of unpaid salary.

 Criminal Background and Credit Check Authorization - The IC authorizes WTS, or any designated agent(s) working on WTS’s behalf, including but not limited to reporting agencies or professional investigators to obtain and review all court and credit reports as well as conducting follow-up investigations on information presented in said reports. At WTS’s discretion, WTS or its agents may also request these reports and information at anytime during the term of this agreement. It is the IC’s understanding that the information being obtained will not be used in violation of any federal or state equal opportunity law or regulation. Based upon unfavorable review of such consumer credit or court report, WTS will only provide the IC with a summary of consumer’s rights. The IC understands the nature and scope of said inquiries may include, but are not limited to, verification, inspection and/or reporting of any lawfully available records or information pertaining to work history; social security number, education; criminal and civil court related actions; personal financial status (including consumer credit reports); and any other information available from any public or otherwise documented record. It may also include inquiries regarding any past or present business, professional or personal activities. The IC hereby states that to the best of his/her knowledge all information provided to WTS, and any reporting agency, in any form, is true and accurate. The IC understands that any misrepresentation by the IC made to WTS or any reporting agency will exclude him/her from further consideration as an IC, and may result in termination of the Agreement with WTS if the EMPLOYOEE is approved by WTS before such misrepresentation is discovered. The IC fully understands the authorization, waiver and release of liability is not an offer/approval of Agreement by WTS. The IC hereby authorizes WTS, reporting agency or investigator to request, obtain and examine any and all records that may relate to his/her arrest, conviction and/or imprisonment at any time prior to this date, to the extent permitted by law. The IC hereby authorizes WTS, reporting agency or investigator to make inquiry into, investigate, and examine any and all records that may relate to my current or past credit worthiness; such information to include (but not limited to) a retail credit report provided by any of the retail credit reporting companies. The IC hereby authorizes WTS, reporting agency or investigator to obtain reports or conduct investigations as a condition to continue this Agreement.

 Disclaimer and Limitation of Liability - WTS and / or its respective affiliates, agents, contractors or vendors, shall not be liable to any IC for any damages including, but not limited to, direct, indirect, consequential, incidental or special damages, lost data, hackers, delays, lost profits, loss of revenue or any other economic loss, cost or expense arising from or related to this Agreement, whether arising out of contract, warranty, negligence, or otherwise, even if WTS has been advised of the possibility of such damages. In no event shall WTS’s total aggregate liability under this agreement, whether arising out of breach of contract, warranty, negligence, or otherwise exceed WTS’s percentage of commission earned and/or monthly fees received from IC in the one (1) month preceding the date the cause of action arises.

 Collections – Any fees or outstanding debt owed to WTS upon the termination of this agreement is due immediately payable by certified funds. If the IC fails to pay any of these monies within 10 days, WTS reserves the right to use a 3rd party collection service, attorneys, including civil and criminal courts.

 Any and all disputes will be handled through the State of Delaware as the official venue of the agency.

 The IC is responsible for any debit memos they produce if WTS has to pay then the IC will reimburse WTS any legal/attorney fees and all foreseeable damages from the unpaid memos.

 Partial Validity of Agreement - If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.

 Law Governing Agreement - This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.

 Non-Assignability - This is a personal service agreement that shall not be assignable by the IC without the written consent of WTS.

 Amendment of Agreement – WTS may make amendments and/or changes to this Agreement at any time thirty (30) days in advance of the effective date by posting the amendments and/or changes by electronic notification (e-mail). Amendments and/or changes to the contract shall automatically become effective thirty (30) days after posting or 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 IC has transacted the booking with WTS. The IC will have seven (7) days to provide WTS with written notice of termination of the Employment Agreement. IC’s failure to provide written notice of termination of this new Agreement within seven (7) days of the effective date of such amendment and/or changes will indicate that the IC is agreeing to abide by the terms and conditions of the new Agreement.

 Complete Agreement / Modification or Waiver - This agreement represents the complete
understanding of the parties with respect to the described IC 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.

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