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Membership Terms And Conditions

Membership Terms and Conditions

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“Rezervco, LLC DBA GlobalTravel.com, Rezervco, LLC, herein after referred to as “Company”

1. APPLICATION FOR ENROLLMENT

You may apply for enrollment in the Globaltravel.com Independent Travel Agent membership Program (the “Program”) offered by Globaltravel.com., (“COMPANY”), by submitting a completed enrollment application via telephone, online or in print. Submitting your application indicates your agreement with and acceptance of these Terms and Conditions, as may be amended from time to time by COMPANY in its sole discretion. COMPANY may amend these Terms and Conditions, at any time, by posting the amendments on COMPANY’s company website, http://www.globaltravel.com. All amendments to these Terms and Conditions shall automatically be effective upon the effective date specified in the posting. Or if no effective date is specified, 30 calendar days after they are posted on http://www.globaltravel.com.

2. MEMBERSHIP STATUS

a) Your Certification by COMPANY as an Agent. You will become an active Agent of the Program (“Agent”) immediately upon (i) COMPANY’s certification of you as an Agent of the Program (“Membership”), and (ii) COMPANY’s receipt and collection of your Membership Fees. COMPANY’s certification may include, but is not limited to, receipt of a completed enrollment application from you and, if applicable, verification of any necessary requirements of any recent sales productivity, as determined based upon the classification of Membership. If your Membership is not certified, COMPANY will refund your Membership Fees.

b) Memberships Obtained Through Authorized Resellers. If you submitted your enrollment application and/or paid your Membership Fees to a COMPANY authorized re-seller, then your status as an Agent will be subject to COMPANY’s receipt of your completed enrollment application and Membership Fees from such COMPANY authorized re-seller. If COMPANY does not receive either your completed enrollment application or your Membership Fees from the authorized re-seller, COMPANY shall have no obligation to enroll you in the Program or activate your status as an Agent. You agree to release COMPANY from any claim related to the submission of your enrollment application or payment of your Membership Fees to a COMPANY authorized re-seller.

c) Your Membership Term; Automatic Renewal. Your Membership has a term disclosed on your enrollment application and will be effective for the term disclosed on such form from the date you are certified in COMPANY’s membership tracking system. Unless you elect not to renew your Membership by contacting COMPANY in accordance with the policy stated in paragraph 6c of these terms and conditions, at least thirty (30) days prior to the expiration date of your current Membership term or COMPANY elects not to renew your Membership, your Membership will be automatically renewed for successive terms of the same duration of time as stated on the initial enrollment application, subject to payment and collection of the applicable Renewal Fee(s). COMPANY reserves the right to amend the Renewal Fee(s) at any time by posting the amended Renewal Fee(s) on http://www.globaltravel.com.

d) Additional Classifications of Membership May be Created. Additional Membership classification ranks and requirements for each Membership classification rank may be created and revised by COMPANY from time to time in its sole discretion.

e) Multiple Memberships. You may not enroll in more than two (2) COMPANY Memberships online during any fourteen (14)-calendar day period. If more than two (2) are enrolled during this designated period, COMPANY reserves the right to cancel and refund all memberships.

f) You are an Independent Contractor of COMPANY. These Terms and Conditions do not constitute the sale of a franchise or distributorship to you and are intended to create an independent contractor relationship between you and COMPANY and shall be interpreted to effectuate such intent. Nothing contained in these Terms and Conditions shall be construed to create a joint venture, partnership, association, or other affiliation or like relationship between you and COMPANY. You shall be solely responsible for determining the means and methods for performing your duties. You shall not represent that you are an employee or affiliate of COMPANY, and shall always represent yourself as an independent contractor of COMPANY. You shall not under any circumstances be deemed to be an employee or affiliate of COMPANY for any purposes, including federal tax purposes.

3. MEMBERSHIP DUTIES AND OPPORTUNITIES

a) Membership Duties.

  • i. As an Agent, you shall support the travel industry and COMPANY by promoting, generating, and creating travel sales for the duration of your Membership.
  • ii. Act according to the professional standards of the travel and tourism industry and COMPANY
  • iii. Service any and all clients in a prompt and courteous manner
  • iv. Comply with these Terms and Conditions and the guidelines contained in the Program materials provided by COMPANY and available on http://www.globaltravel.com (collectively, the “Guidelines”), as the same may be amended by COMPANY from time to time in its sole discretion.

b) Membership Benefits.

  • i. COMPANY’s Independent Travel Agent memberships and membership benefits are not transferable and may not be resold or combined with any other membership benefits or benefits programs as determined by COMPANY in its sole and absolute discretion.

  • ii. You acknowledge and understand that COMPANY may provide the Agency Booking Code/ARC/CLIA number for the sole purpose of booking travel with Travel Suppliers/Providers/Vendors. The Code is to be provided to these Suppliers/Providers/Vendors for the purpose of issuing commission payments directly to COMPANY.

  • iii. You are strictly prohibited from using the Agency Booking Code to book travel where the Travel Supplier/Provider/Vendor deducts any commission payment owed to COMPANY, resulting in a rate without commission, regardless if the booking is for personal travel, friends and family, business, etc. Any violation of this policy will result in the placement of your Membership on probation, and may entail monetary fines or termination of your Membership.

  • iv. Agent understands and agrees that under no circumstances shall the agent change any of the agency’s information with any of its Suppliers/Providers/Vendors for any reason.

  • v. You acknowledge and understand that it is a direct violation of COMPANY policy to alter your COMPANY Identification Card in any way.

  • vi. Your failure to comply with these Terms and Conditions and/or the Guidelines may subject you to immediate cancellation of your Membership, and possible forfeiture any and all Commissions and/or Cash Bonuses and any other monies earned by and payable to you. Furthermore, any deviation by you of these Terms and Conditions or the Guidelines may be considered as an act or acts of fraud and COMPANY may seek prosecution to the fullest extent of the law.

c) Membership Opportunities. As an Agent, you may be eligible for special, exclusive travel opportunities and prices negotiated exclusively for COMPANY and certain travel industry and non-travel industry perks and benefits offered by COMPANY from time to time. COMPANY may determine eligibility for such opportunities and perks and benefits in its sole discretion. Benefits offered by travel and tourism suppliers and others in the travel and tourism industry are discretionary privileges. As a condition of your continued Membership in the Program, COMPANY may, in its sole discretion, restrict and/or prohibit the type of contact you may have with selected suppliers and/or groups of suppliers in the travel and tourism industry.

d) Classification Requirements. If your Membership is currently at a classification rank that requires verification of travel sales productivity, you are solely responsible for timely providing the required information to COMPANY. Travel sales productivity requirements are based on a rolling twelve (12) month-period and must be produced to COMPANY by you immediately upon COMPANY’s request. Failure to timely provide the requested information may result in a change in Membership classification and a subsequent loss of Program benefits. Specific information with regard to travel sales productivity requirements is posted on http://www.globaltravel.com.

e) Additional Purchases and Add-On Components

  • I. In addition to the Membership programs, COMPANY offers optional items for purchase that may be added to enhance your existing Membership. These items may include, but are not limited to, Agent Accelerator Packages; Online Destination information; online training opportunities, such as Global Tutor Training On-Demand modules; and other benefit, service and/or component packages that provide additional support and value to COMPANY’s Agents. While the primary components of these offerings are subject to change at any time, at the sole discretion of COMPANY, the majority of these optional programs, products and/or services are provided through electronic means (i.e. email, web links, etc.). As such, you agree, unless otherwise specified at the time of purchase in writing, that once any of the materials for these optional programs, products and/or services, in part or as a whole, have been provided in an electronic form or any other manner and proprietary information has been divulged for your use, they are not refundable.
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  • II. We may use promotions/incentives/certificates for purposes including but not limited to induce you to join as a member of COMPANY.com. In many instances we source or purchase these promotions/incentives/certificates from 3rd party companies. We make every effort to make sure our members are for the most part satisfied with these promotions/incentives/certificates. In the event we offer a promotion/incentive/certificate that can no longer be honored due to our fault or the fault of any other party or any act of God we reserve the right to substitute that promotion/incentive/certificate with an item of that we in our sole and absolute discretion perceive to be of equal or greater value. In the event that substitution is not acceptable to you your sole recourse is for us to provide you with a future in house credit to be used against future membership fees by you. The amount of such credit will be determined by us but will not exceed the cost of your most recent paid annual membership fee for your membership with us.

4. PAYMENT OF COMMISSIONS

a) Compensation Schedule

  • i. COMPANY’s Compensation Schedule is posted on http://www.globaltravel.com, or a copy may be obtained by calling COMPANY. The Compensation Schedule may be amended from time to time by COMPANY in its sole discretion. If amended, COMPANY will post the amended Compensation Schedule on http://www.globaltravel.com. All commissions payable to You will be deemed earned by You when paid by Us.
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  • ii. You will have up to six months from the last date of travel on a booking to submit a missing commission for.t You understand that you will forfeit your rights to any claim for commission payment if you have not been paid or submitted a claim for missing commissions payment with us within this time frame.
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  • iv. We use a commission payment expediting service which allows you to receive your commission payments 30-45 days sooner than our normal process. There is a small fee associated with using this service which will be reflected in your commission payment. Please advise our team at time of Final Payment if you prefer not to use this service. In electing not to use this service you will delay your commission payments by 30-45 days. Many Hotel commissions are paid to COMPANY using these services and will be reflected accordingly.

5. PAYMENT OF AMOUNTS YOU OWE TO COMPANY

a) Payment Authorization. You authorize COMPANY to collect payment of your Membership Fees, Renewal Fee(s) and any other charges or overpayments, including, but not limited to, charges for additional and/or optional programs, products and/or services offered by COMPANY, by automatically charging any billing vehicle COMPANY has on file for you. Should you prefer to be billed in advance for your annual Membership Renewal Fee rather than charged automatically for any Membership Renewal Fees, you must notify COMPANY in writing no less than sixty (60) days from the expiration date of your Membership. For any amount owed by you to COMPANY, COMPANY reserves the right to (i) assess late fees and penalties for past due balances to the maximum extent allowed by law, (ii) process the balance due and all associated late fees and penalties (for past due amounts), and Collection Costs and Returned Check Fees (as such terms are defined below) on any billing vehicle that COMPANY has on file for you, (iii) offset the balance due plus any late fees and penalties and Collection Costs and Returned Check Fees against any type of Commissions or Quick Cash Bonuses payable to you, and (iv) hold any documents, without liability to you, that COMPANY may have in its possession until the balance due and all associated late fees and penalties (for past due amounts) are remitted. In the event that COMPANY incurs any fees and costs, including, without limitation, legal fees and expenses, in connection with its collection of any amounts due from you to COMPANY (the “Collection Costs”), you agree to pay all Collection Costs. In the event that any check that you issue or remit to COMPANY is returned, you agree to pay to COMPANY all costs and expenses as permitted by law (the “Returned Check Fees”).

b) Approvals for Membership Fees. In the event that COMPANY is unable to obtain an approval code for the preliminary charge for your Membership Fees, COMPANY reserves the right to continue to attempt to obtain an approval code by resubmitting the charge through COMPANY’s credit card processor.

c) Installment/Monthly Payment Plans. COMPANY may, in its sole discretion, offer the option to make payments for the initial purchase payable on a pre-established installment or monthly payment plan. Said purchase may include, but may not be limited to, Membership Fees and/or purchases for optional programs, products and/or services. Such payment plan will be assigned at the time of purchase and may not be changed by you once established. If you select an installment or monthly payment plan at the time of purchase, you agree that all payments within the schedule will be automatically charged on the assigned due date to the billing vehicle chosen at the time of purchase. Collection of your initial payment of the agreed upon plan will indicate your agreement to make all payments to COMPANY as scheduled and agreed upon at the time of initial purchase of the applicable Membership or optional program, product or service, providing you have not elected to cancel your Membership pursuant to paragraph 6 of these terms.

d) Installment/Monthly Payment Plans. COMPANY may, in its sole discretion, offer the option to make payments for the initial purchase payable on a pre- established installment or monthly payment plan. Said purchase may include, but may not be limited to, Membership Fees and/or purchases for optional programs, products and/or services. Such payment plan will be assigned at the time of purchase and may not be changed by you once established. If you select an installment or monthly payment plan at the time of purchase, you agree that all payments within the schedule will be automatically charged on the assigned due date to the billing vehicle chosen at the time of purchase. Collection of your initial payment of the agreed upon plan will indicate your agreement to make all payments to COMPANY as scheduled and agreed upon at the time of initial purchase of the applicable Membership or optional program, product or service, providing you have not elected to cancel your Membership pursuant to paragraph 6 of these terms.

6. TERMINATION, CANCELLATION OR EXPIRATION OF YOUR MEMBERSHIP.

a) Termination of Your Membership. In the event that you fail to comply with any of these Terms and Conditions or the Guidelines, COMPANY may immediately terminate your Membership. If your Membership is terminated by COMPANY for any reason, you will not be entitled to any refund of payments or Membership Fees, and any and all travel commissions and/or Quick Cash Bonuses earned by you may be withheld if necessary to offset any balances owed to COMPANY, travel consumers and/or COMPANY’s suppliers. In the case where such a third party reseller enrolled you and collected your Membership Fees, you agree that all refunds shall be paid to you from such third party reseller. COMPANY reserves the right to cancel any membership at any time for any reason in its sole discretion.

b) Cancellation of Optional Programs, Products, and/or Services: The terms and conditions pertaining to optional programs, products, and/or services can be found within the specific offering. Refunds are generally not available once the information has been disclosed to you, unless otherwise stated in the terms and conditions of the respective program, product, or service. In certain cases, if you have purchased a tangible product (such as a travel voucher or certificate), COMPANY may allow cancellation at its sole discretion. The cancellation terms for such a program, product, and/or service are determined at the time of purchase and may include a cancellation period of up to 30 days from the date of purchase. If you wish to cancel this optional program, product, and/or service, you must contact COMPANY via telephone during their normal operating hours within the cancellation period specified at the time of purchase. Once you have contacted COMPANY, a cancellation number will be issued, and you may receive a cancellation agreement to sign and return. Please ensure that you return any materials provided for the program or product along with the signed cancellation agreement, if applicable. Please note that while COMPANY will stop future billings upon your cancellation request, the cancellation will only be considered effective and a refund will be processed once the cancellation number is issued by COMPANY and the mentioned materials have been received. Failure to meet the cancellation requirements within the provided period will result in the program, product, or service remaining active, and future billings will resume as agreed upon during enrollment. In case all cancellation requirements are met within the allocated cancellation period, a refund will be issued, deducting any activation, shipping, handling, and/or processing fees charged at the time of purchase. All materials received from COMPANY, including the contents of optional programs, products, and/or services, must be returned to COMPANY in their original condition. No refunds will be issued unless all items included in the purchase are received by COMPANY in their original condition. COMPANY reserves the right to issue a partial refund of fees if program, product, or service materials are not returned or if they are received in a non-resaleable condition. Activation, shipping, handling, and/or processing fees are non-refundable. Please note that COMPANY does not process cancellation requests submitted via fax, email, or mail. Such requests will be considered invalid.

c) Automatic Renewal: Similar to your Membership, COMPANY’s optional programs, products, and services are automatically renewed at the beginning of each annual period, unless you choose not to renew by notifying COMPANY via telephone during their normal operating hours or by logging into the GlobalTravel.com website and updating your membership status at least thirty (30) days before the expiration date of your optional program(s), product(s), and service(s). The cancellation procedures mentioned above also apply to the renewal of any of COMPANY’s optional programs, products, and/or services.

d) Return of Materials Upon Termination, Cancellation or Expiration. Upon termination, cancellation or expiration of your Membership or optional program, product or service, you must immediately return to COMPANY

  • i. all materials bearing any of the COMPANY Marks (as defined in section 7a)
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  • ii. all identification credentials issued to you as an Agent and/or on behalf of COMPANY, including, but not limited to, your COMPANY Membership Identification card and your IATAN and/or CLIA card
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  • iii. any optional program, product or service items unredeemed by you. Upon termination of your Membership, you waive all rights to any additional Commissions and/or Quick Cash Bonuses. No refunds of any fees will be issued unless all credentials issued by and on behalf of COMPANY and any unredeemed benefits are received by COMPANY.

7. PROMOTIONAL MATERIALS, MARKETING, SUPPORT AND LICENSE TO USE COMPANY’S TRADEMARKS

a) COMPANY may:

  • i. provide you with certain promotional materials (“Promotional Materials”)
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  • ii. provide you support services including, but not limited to, marketing support to aid in your efforts to market travel services (collectively, “Support”)
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  • iii. license certain of its trademarks, both registered and unregistered (collectively, the “COMPANY Marks”), for your limited use in your support of the travel industry by promoting, generating, and creating travel sales. Your right to use the Promotional Materials, support and the COMPANY Marks is conditioned on your compliance with the license restrictions set forth below and on your identification of your status on all written correspondence and in all verbal communications as an Agent of COMPANY.

b) COMPANY Grants You a License to Use the COMPANY Marks. Subject to the conditions set forth in these Terms and Conditions, COMPANY grants you a worldwide, personal, nonexclusive, non-assignable, nontransferable limited license to use the COMPANY Marks solely in connection with your Membership in the Program and solely for purposes of promoting the Program and promoting and selling travel products and services through COMPANY. COMPANY retains all right, title, and interest in the COMPANY Marks, other than the limited license rights granted in the preceding sentence.

c) Quality Standards and Rules for Your Use of the COMPANY Marks and/or the Marks of Any of COMPANY’s Suppliers. You agree when creating marketing materials using COMPANY’s Marks and/or the Marks of any of COMPANY’s suppliers that you will submit a copy of such marketing materials to COMPANY for approval prior to distribution of said materials. Additionally, upon COMPANY’s request, you will provide information to COMPANY sufficient to identify all your uses of COMPANY’s Marks and/or the Marks of any of COMPANY’s suppliers, whether in tangible or electronic form, and will provide COMPANY with suitable specimens of your use of the COMPANY Marks and/or the Marks of any of COMPANY’s suppliers. You may not alter the COMPANY Marks or the Marks of any of COMPANY’s suppliers in any way, including, but not limited to, skewing, changing the color, rotating, separating logo elements, or changing typefaces. COMPANY may review your use of the COMPANY Marks and/or the Marks of any of COMPANY’s suppliers and periodically evaluate your compliance with COMPANY’s quality standards for its licensees. If your use of the COMPANY Marks and/or the Marks of any of COMPANY’s suppliers is not acceptable, you agree to remedy such deficiencies immediately as COMPANY may direct.

d) Quality Standards and Rules for Marketing and Selling COMPANY Products and Services. You agree when creating marketing materials using any of COMPANY’s products and services, including, but not limited to, Memberships as well as any travel products and/or services purchased through COMPANY that you will provide COMPANY with a copy of such marketing materials to be reviewed and approved by COMPANY in its sole discretion prior to distribution of said materials.

  • i. Servicing Clients. COMPANY will consider all clients brought to COMPANY by you mutual clients. If you fail to promptly and/or courteously service these clients or should your clients contact COMPANY to issue a complaint about your service, COMPANY may elect to take whatever actions it deems necessary to correct the situation, including taking possession of any bookings currently outstanding. If COMPANY is required to disburse funds to correct a problem with your client, you agree to immediately reimburse COMPANY for all amounts disbursed by COMPANY.
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  • ii. Collecting Funds/Service Fees When Selling Travel. In compliance with applicable laws, agents have the option to levy service fees on their clients in addition to the fees charged by COMPANY for travel products and/or services. However, specific states, included but no limited to Florida, California, Hawaii, Iowa, Nevada, Rhode Island, and Washington, may necessitate travel agents who retain service fees paid by travelers, accept checks payable to them, or process credit cards through their own merchant accounts to register for a Seller of Travel License in their respective states or the states they conduct business in. As an Independent Travel Agent, you acknowledge that only COMPANY is authorized to collect consumer funds for booked travel, unless you have furnished COMPANY with written evidence of your legal eligibility to do so in the states/territories where you operate. Furthermore, if you are eligible to collect funds for your client’s travel, you agree to ensure that the purchase is fulfilled promptly. In the event of travel order cancellation and subsequent refund issuance by the travel supplier, you undertake to promptly refund all amounts to your client. Additionally, you commit not to misrepresent the price of travel.Should you advertise travel at a given price, you agree to make the sale for that price providing the offer is still valid. Agents may not accept cash payments from their clients for any reason.
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  • iii. Errors and Omissions Insurance. As an Independent Travel Agent with COMPANY, you may be required by law to carry individual Errors and Omissions Insurance. This coverage is likely required if, in the course of your Travel Agent duties, you collect any funds for travel sales and if you book any travel direct with a travel supplier/vendor rather than booking travel through COMPANY’s Travel Reservation Center, through your ResMax™ website or through http://www.globaltravel.com. You agree to promptly supply COMPANY with a copy of your Error and Omissions Insurance coverage upon its issuance and upon each subsequent renewal of your coverage. If you fail to provide COMPANY with verification of valid, adequate Errors and Omissions Insurance coverage, then COMPANY may terminate of your Membership. COMPANY will not be responsible for any errors made by you resulting from a booking made directly with a travel supplier/vendor. COMPANY reserves the right to pursue any and all means necessary to obtain reimbursement for financial liability incurred by COMPANY as a result of your actions, errors, omissions, negligence or willful acts.

e. Quality Standards and Rules for Your Preparation of Promotional Materials. Quotes from other Agents and your participation and/or photographs in or from COMPANY activities and training, including but not limited to, teleconferences, seminars, promotions, conventions, and CruiseCollege™, may only be incorporated in marketing materials authorized by COMPANY in advance in writing. You understand and acknowledge that COMPANY retains all rights, title, and interest in and to the Promotional Materials and all documentation or information COMPANY may provide to you in connection with you being an Agent.

8. CONFIDENTIALITY AGREEMENT.

The knowledge and experience that you as an Agent have acquired, or may acquire, while a Member of the Program is of a special, unique, and extraordinary character and his/her Membership places him/her in a position of a confidence and trust with the customers, clients, members, subscribers, travel agents, sales agents, contacts, account executives, investors, accounts, associates and employees of the Company and allows him/her access to Confidential Information (as defined herein), which access he/she would not have but for his/her relationship with COMPANY.

a) Definition of “Confidential Information.” For purposes of these Terms and Conditions, the term “Confidential Information” shall mean all of the following materials and information which you as an Agent receives, conceives or develops or has received, conceived or developed, in whole or in part, in connection with your Membership with COMPANY:

  • i. The contents of the Guidelines, http://www.globaltravel.com, any manuals or other written materials of COMPANY or any of its subsidiaries or affiliates
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  • ii. The names and information relating to customers and members, and prospective customers and members, of COMPANY and/or persons, firms, corporations or other entities with whom you have contact with on behalf of COMPANY or to whom any other Agent of COMPANY has provided goods or services at any time
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  • iii. the terms of various agreements between COMPANY and any third parties, including without limitation, the terms of customer agreements, supplier agreements, and the like
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  • iv. any data or database, lists, or other information compiled by COMPANY, including, but not limited to, customer lists, customer information, information concerning COMPANY, or any business in which COMPANY is engaged or contemplates becoming engaged, any company that COMPANY engages in business, any customer, prospective customer or other person, firm or corporation to whom or which COMPANY has provided goods or services or to whom or which any Agent of COMPANY has provided goods or services on behalf of COMPANY, or any compilation, analysis, evaluation or report concerning or deriving from any data or database, or any other information
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  • v. all policies, procedures, strategies, and techniques regarding the services performed by COMPANY, products offered by COMPANY, training, marketing and sales of COMPANY, either oral or written, and assorted lists containing information pertaining to customers and prospective customers
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  • vi. any other information, data, know how or knowledge of a confidential or proprietary nature observed, received, conceived, or developed by you in connection with your Membership with COMPANY.

b) Treatment of Confidential Information. You shall not use or disclose any of the Confidential Information other than as necessary within the scope of your duties as an Agent. You shall take all steps reasonably necessary and/or requested by COMPANY to ensure that the Confidential Information is kept confidential. You shall comply with all applicable policies, procedures and practices that COMPANY may establish from time to time with regard to the treatment of Confidential Information.

9. YOUR WARRANTIES AND INDEMNITY.

a) Your Warranties to COMPANY. You warrant and represent that:

  • i. you will abide by all federal, state, county and local laws, rules and regulations pertaining to performance of your duties as an Agent.
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  • ii. you have obtained, or will obtain prior to engaging in any activities as an Agent, any business or other permits required by law or public authority relating to the operation as a COMPANY Agent
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  • iii. all information provided as part of your enrollment application to become an Agent is current, complete and correct; (iv) you are at least eighteen (18) years of age.
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  • iv. you will notify of COMPANY of any change of information (including credit card information) as soon as practicable after such change.
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  • v. you have not become an Agent solely to obtain benefits that may be offered by travel and tourism suppliers to the travel agency community or to COMPANY Agents.

b) COMPANY Not Liable for Your Expenses. COMPANY will not be liable to you for any expenses incurred by you in performing your duties as an Agent.

c) You Indemnify the COMPANY Group. You shall indemnify and hold COMPANY and COMPANY’s employees, contractors, officers, directors, shareholders, agents and/or affiliates (collectively, the “COMPANY Group”) harmless from and against any and all claims suffered by any of the COMPANY Group arising out of or in respect of:

  • i. any violation of law by you
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  • ii. fraud, misrepresentation, willful misconduct or gross negligence on the part of you
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  • iii. any violation of these Terms and Conditions or the Guidelines by you
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  • iv. 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 you by COMPANY.
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  • v. your performance of your duties as an Agent or as a Member of the Program
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  • vi. your failure to comply with COMPANY’s policies relating to the National Do Not Call Registry
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  • vii. COMPANY requires its Agents to comply with its no-tolerance anti- spam policy. You agree that if COMPANY believes you are transmitting any duplicative or unsolicited email messages without the recipient’s prior request or consent, COMPANY has the right to disable your membership/website, and can do so with no further notice. Moreover, you agree to comply with the CAN-SPAM Act of 2003, as may be amended.

10. COMPANY’S COLLECTION OF INFORMATION AND PRIVACY OF YOUR INFORMATION.

You agree to our privacy policy located at https://www.globaltravel.com/privacy-policy/

11. DISCLAIMER OF WARRANTY.

In the event that any travel product or service provided by a third party supplier is unsatisfactory to you, you will look solely to the provider of the product or service for rectification. All warranties, expressed or implied, related to travel products provided by a third party supplier are the responsibility of the third party supplier. COMPANY DOES NOT MAKE ANY REPRESENTATIONS AS TO THE QUANTITY OR QUALITY OF SPECIAL TRAVEL OPPORTUNITIES, DISCOUNTS OR OTHER BENEFITS THAT MAY BE OFFERED BY COMPANY. YOU UNDERSTAND AND AGREE THAT, AS PART OF THE OVERALL PRICE PAID FOR YOUR MEMBERSHIP, COMPANY PROVIDES THE COMPANY MARKS, PROMOTIONAL MATERIALS, SUPPORT AND THE PROGRAM “AS-IS” AND WITHOUT WARRANTY OF ANY KIND OTHER THAN AS EXPRESSED AND SET FORTH IN THESE TERMS AND CONDITIONS. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED BY COMPANY, THE COMPANY MARKS, PROMOTIONAL MATERIALS, SUPPORT AND THE PROGRAM, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, BY COMPANY, ITS AGENTS, REPRESENTATIVES OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.

12. TALENT/TESTIMONIAL RELEASE

Agent hereby authorizes COMPANY, and those acting pursuant to its authority to:

  • i. Record my participation and appearance or use my recorded participation and appearance on video tape, audio tape, film, photograph or any other medium.
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  • ii. Use my name, likeness, voice, and biographical material in connection with these recordings.
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  • iii. Exhibit or distribute such recordings in whole or in part without restrictions or limitation for any educational or promotional purpose which COMPANY and those acting pursuant to its authority, deem appropriate.
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  • iv. Use any of my past, present, or future statements whether made orally, in writing, or otherwise for any educational or promotional purpose which COMPANY and those acting pursuant to its authority deem appropriate. I also forever release and discharge COMPANY from any claim I have made or claim I may wish to make related to this paragraph.

13. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST DATA, DELAYS, LOST PROFITS, LOSS OF REVENUE OR ANY OTHER ECONOMIC LOSS, COST OR EXPENSE ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EVEN IF COMPANY OR ITS AFFILIATES, PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY TYPE OF LOSS TO YOU CAUSED BY AN EVENT BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, GOVERNMENT RESTRICTIONS, NATURAL DISASTERS, TERRORIST ACTS, WARS, RIOTS, STRIKES, AND OTHER ACTS OF GOD. IN NO EVENT WILL COMPANY’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEED THE LESSER OF COMPANY’S REVENUES RECEIVED DIRECTLY FROM YOU UNDER THESE TERMS AND CONDITIONS IN THE SIX (6) MONTHS PRECEDING THE DATE THE CAUSE OF ACTION ARISES OR FIVE HUNDRED DOLLARS ($500). IN NO EVENT WILL YOU BRING ANY ACTION AGAINST COMPANY MORE THAN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ARISES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. ARBITRATION AND MISCELLANEOUS

a) All Disputes Shall be Settled by Arbitration. In the event of a dispute between you and COMPANY, you and COMPANY agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties mutual interests. All disputes shall be submitted to final and binding arbitration to be conducted in Orange County, Florida, or a location closest to Orange County, Florida if no such location for the chosen arbitration body exists there. MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL. The party filing the arbitration must choose one of the following three arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 100174605 (phone: 8007787879) (http://www.adr.org)

National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 554050191 (phone: 8004742371) (http://www.arbforum.com)

JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 (phone: 9492241810) (http://www.jamsadr.com)

In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select another of the firms. Each party will bear its own expenses, and the parties will share equally the filing and other fees of the arbitration firm and the expenses of the arbitrator, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous. The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section. During the pendency of such arbitration and until final judgment thereon has been entered, these Terms and Conditions will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable. In the event that any State or Federal court rules that this arbitration provision is defective in whole or part or permits an action to be filed in a State or Federal court then the parties agree to have their dispute heard before a court located nearest to Orange County, Florida. The parties also agree to have any such dispute heard before a Judge and waive any rights to a Trial By Jury.

b) Waiver. The waiver by any party of a breach of any provision of these Terms and Conditions shall not operate as a waiver of a breach of any other provision of these Terms and Conditions by any party.

c) Credit Reports. You authorize COMPANY to report COMPANY’s credit experience with you to others solely for: (i) periodic review of your independent contractor booking activity; and (ii) collection purposes.

d) Call Monitoring/Recording/Prerecorded Messaging, Predictive Dialing. You understand that COMPANY may monitor, tape and/or record any conversation that may occur between us. However, COMPANY is not obligated to do so and it may choose not to do so. You authorize COMPANY to contact you at their discretion by using prerecorded messaging devices and/or Predictive Dialing devices. If you choose not to be contacted by this method, please contact Agent Services.

e) Notices. All notices, requests, consents, and other communications required or permitted pursuant to these Terms and Conditions shall be in writing, including electronic transmission, and shall be, as elected by the person giving such notice, hand delivered by messenger or courier service, or mailed via regular mail, postage prepaid, and addressed to COMPANY at its principal offices as set forth on http://www.globaltravel.com, and if to you, to the most recent address on record with COMPANY. Each such communication shall be deemed delivered on the date delivered if by personal delivery, messenger or courier service, or five (5) days from the postmark on such communication.

f) Assignment of Rights and Obligations Under These Terms and Conditions. COMPANY may assign its rights and obligations pursuant to these Terms and Conditions without prior notice. You may not assign your Membership, your duties as a COMPANY Agent, or your rights or obligations pursuant to these Terms and Conditions.

g) The Headings Are for Convenience of Reference Only. The headings contained in these Terms and Conditions are for convenience of reference only, are not to be considered a part of these Terms and Conditions and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions.

h) Florida Law Governs These Terms and Conditions. These Terms and Conditions and all transactions contemplated by these Terms and Conditions shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida, without regard to principles of conflicts of laws.

15. THESE TERMS AND CONDITIONS ARE OUR ENTIRE AGREEMENT

These Terms and Conditions, subject to amendment from time to time, represent the entire understanding and agreement between you and COMPANY with respect to the subject matter of the same, and supersede all other negotiations, understandings and representations (if any) made by and between you and COMPANY. These Terms and Conditions shall not be construed more strongly against COMPANY despite COMPANY’s responsibility for its preparation.

These Terms, the Program and pricing are subject to change without notice. Effective 02/20/2024

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