Membership Terms and Conditions
“Rezervco, LLC DBA GlobalTravel.com, Rezervco, LLC, herein after referred to as GlobalTravel.com”
GLOBALTRAVEL.COM INDEPENDENT TRAVEL AGENT MEMBERSHIP PROGRAM
1. APPLICATION FOR ENROLLMENT.
You may apply for enrollment in the Globaltravel.com Independent Travel Agent membership Program (the “Program”) offered by Globaltravel.com., (“GT”), 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 GT in its sole discretion. GT may amend these Terms and Conditions, at any time, by posting the amendments on GT’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 GT as an Agent. You will become an active Agent of the Program (“Agent”) immediately upon (i) GT’s certification of you as an Agent of the Program (“Membership”), and (ii) GT’s receipt and collection of your Membership Fees. GT’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, GT will refund your Membership Fees.
Memberships Obtained Through Authorized Resellers. If you submitted your enrollment application and/or paid your Membership Fees to a GT authorized re-seller, then your status as an Agent will be subject to GT’s receipt of your completed enrollment application and Membership Fees from such GT authorized re-seller. If GT does not receive either your completed enrollment application or your Membership Fees from the authorized re-seller, GT shall have no obligation to enroll you in the Program or activate your status as an Agent. You agree to release GT from any claim related to the submission of your enrollment application or payment of your Membership Fees to a GT authorized re-seller.
b. 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 GT’s membership tracking system. Unless you elect not to renew your Membership by contacting GT 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 GT 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). GT reserves the right to amend the Renewal Fee(s) at any time by posting the amended Renewal Fee(s) on http://www.globaltravel.com.
c. Contact GT With Questions About Your Membership. If you have any questions regarding your Membership, you may contact GT by visiting http://www.globaltravel.com or calling GT’s Call Center at the toll-free number listed on your GT Membership Identification Card.
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 GT from time to time in its sole discretion.
e. You may not enroll in more than two (2) GT Memberships online during any fourteen (14)-calendar day period. If more than two (2) are enrolled during this designated period, GT reserves the right to cancel and refund all memberships.
3. MEMBERSHIP DUTIES AND OPPORTUNITIES.
a. Membership Duties. As an Agent, you shall (i) support the travel industry and GT 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 GT, (iii) service any and all clients in a prompt and courteous manner, and (iv) comply with these Terms and Conditions and the guidelines contained in the Program materials provided by GT and available on http://www.globaltravel.com (collectively, the “Guidelines”), as the same may be amended by GT from time to time in its sole discretion. GT’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 GT in its sole and absolute discretion. You acknowledge and understand that GT 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 GT. You are not to use the Agency Booking Code for the purpose of booking travel in which the Travel Supplier/Provider/Vendor deducts any payment of commission due and payable to GT, providing you with a rate net of commission. Any deviation from this policy will result in your Membership being placed under a probationary status and may result in monetary fines and/or termination of Membership. You further acknowledge and understand that it is a direct violation of GT policy to alter your GT Identification Card in any way. 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 of 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 GT may seek prosecution to the fullest extent of the law.
b. Membership Opportunities. As an Agent, you may be eligible for special,
exclusive travel opportunities and prices negotiated exclusively for GT and certain travel industry and non-travel industry perks and benefits offered by GT from time to time. GT 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, GT 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.
c. 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 GT. Travel sales productivity requirements are based on a rolling twelve (12) month-period and must be produced to GT by you immediately upon GT’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.
d. Additional Purchases and Add-On Components
In addition to the Membership programs, GT 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 GT’s Agents. While the primary components of these offerings are subject to change at any time, at the sole discretion of GT, 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.
e. We may use promotions/incentives/certificates for purposes including but not limited to induce you to join as a member of GT.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. COMMISSIONS PAYABLE TO YOU.
a. Compensation Schedule. GT’s Compensation Schedule is posted on http://www.globaltravel.com, or a copy may be obtained by calling GT. The Compensation Schedule may be amended from time to time by GT in its sole discretion. If amended, GT 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. You will have up to six months from the last date of travel on a booking to claim a missing commission payment you claim to be owed for a booking made by you and paid or unpaid by the vendor. 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. 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 GT using these services and will be reflected accordingly.
b. You Are Responsible for Taxes Payable on Payments Made to You by GT. GT will not withhold any taxes from any payments made to you pursuant to these Terms and Conditions. GT has not, is not and shall not be obligated to make, and it is the sole responsibility of you to make all periodic filings and payments required to be made in connection 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 GT.
5. PAYMENT OF AMOUNTS YOU OWE TO GT.
a. Payment Authorization. You authorize GT to collect payment of your Membership Fees, Renewal Fee(s) and any other charges, including, but not limited to, charges for additional and/or optional programs, products and/or services offered by GT, by automatically charging any billing vehicle GT 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 GT in writing no less than sixty (60) days from the expiration date of your Membership. For any amount owed by you to GT, GT 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 GT 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 GT 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 GT incurs any fees and costs, including, without limitation, legal fees and expenses, in connection with its collection of any amounts due from you to GT (the “Collection Costs”), you agree to pay all Collection Costs. In the event that any check that you issue or remit to GT is returned, you agree to pay to GT all costs and expenses as permitted by law (the “Returned Check Fees”).
Approvals for Membership Fees. In the event that GT is unable to obtain an approval code for the preliminary charge for your Membership Fees, GT reserves the right to continue to attempt to obtain an approval code by resubmitting the charge through GT’s credit card processor.
Installment/Monthly Payment Plans. GT 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 GT 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.
b. Installment/Monthly Payment Plans. GT 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 GT 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.
nstallment/Monthly Payment Plans. GT 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 GT 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, GT may immediately terminate your Membership. If your Membership is terminated by GT 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 GT, travel consumers and/or GT’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. GT reserves the right to cancel any membership at any time for any reason in its sole discretion.
b. Termination of Your Membership. In the event that you fail to comply with any of these Terms and Conditions or the Guidelines, GT may immediately terminate your Membership. If your Membership is terminated by GT 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 GT, travel consumers and/or GT’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. GT reserves the right to cancel any membership at any time for any reason in its sole discretion.
c. Termination of Your Membership. In the event that you fail to comply with any of these Terms and Conditions or the Guidelines, GT may immediately terminate your Membership. If your Membership is terminated by GT 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 GT, travel consumers and/or GT’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. GT reserves the right to cancel any membership at any time for any reason in its sole discretion.
d. Cancellation of Optional Programs, Products and/or Services. Terms and conditions specific to any optional programs, products and/or services, are stated within the optional program, product or service offering. Unless otherwise stated within the specific terms and conditions of any of the programs, products or service offerings, refunds are not available once the information has been disclosed to you. If the optional program, product and/or service that you purchased is for a tangible product (i.e. a travel voucher or certificate), GT may, in its sole discretion, allow cancellation of this program, product and/or service. The terms of cancellation of this program, product and/or service are defined at the time of purchase and MAY, in GT’s sole discretion, include a cancellation period of up to 30 days from the date of purchase. Should you elect to cancel this optional program, product and/or service, you must notify GT via telephone, during GT’s normal operating hours, within the cancellation period disclosed at
the time of purchase. Once you’ve contacted GT via telephone, you will be issued a cancellation number and a cancellation agreement may be sent to you to sign and return. Once your cancellation number is issued, you agree to return to GT the signed cancellation agreement, if applicable, and any and all materials sent to you for this program or product. While GT agrees to stop future billings at the time of your cancellation request, you agree that your program, product or service purchase will not be canceled and a refund not due until this cancellation number has been issued by GT and the materials referenced above have been received by GT. You further agree that should you fail to meet all of these requirements within the cancellation period provided, your program, product or service will remain Active and all future billings as agreed upon at enrollment will be resumed. At this point, you will be obligated to fulfill the terms of your contract. Providing all cancellation requirements described in this section have been met within the cancellation period allotted, a refund will be issued less any activation, shipping, handling and/or processing fees charged at the time of purchase. All materials issued to you from or on behalf of GT, including but not limited to the contents of your optional programs, products and/or services must be returned to GT in their original condition. No refunds of any optional programs, products and/or services fees will be issued unless all items included in the purchase of your optional programs, products and/or services are received by GT in their original condition. GT reserves the right to issue only a partial refund of fees charged if all program, product or service related materials are not returned at the time of cancellation or if the materials are received in a non-resaleable condition. Activation, shipping, handling and/or processing fees are non-refundable. NOTE: Faxed, emailed or mailed requests for cancellation will not be processed by GT. You agree that submitting a request for cancellation using these methods will be considered an invalid request.As with your Membership, unless otherwise stated on the program, product or service offering, GT’s optional programs, products and services are renewed automatically at the beginning of each annual period, unless you elect not to renew your optional program(s), product(s) and service(s) by notifying GT via telephone, during GT’s normal operating hours, of the same at least thirty (30) days prior to the expiration of your optional program(s), product(s) and service(s), or GT elects not to renew your optional program(s), product(s) and service(s). The cancellation procedures listed above also apply to the renewal of any of GT’s optional programs, products and/or services.
e. 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 GT (i) all materials bearing any of the GT Marks (as defined in section 7a) (ii) all identification credentials issued to you as an Agent and/or on behalf of GT, including, but not limited to, your GT Membership Identification card and your IATAN and/or CLIA card and (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 GT and any unredeemed benefits are received by GT.
7. PROMOTIONAL MATERIALS, SUPPORT AND LICENSE TO USE GT’S
TRADEMARKS.
a. GT may (i) provide you with certain promotional materials (“Promotional Materials”), (ii) provide you support services including, but not limited to, marketing support to aid in your efforts to market travel services (collectively, “Support”), and (iii) license certain of its trademarks, both registered and unregistered (collectively, the “GT 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 GT 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 GT.
b. GT Grants You a License to Use the GT Marks. Subject to the conditions set forth in these Terms and Conditions, GT grants you a worldwide, personal, nonexclusive, non-assignable, nontransferable limited license to use the GT 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 GT. GT retains all right, title, and interest in the GT Marks, other than the limited license rights granted in the preceding sentence.
c. Quality Standards and Rules for Your Use of the GT Marks and/or the Marks of Any of GT’s Suppliers. You agree when creating marketing materials using GT’s Marks and/or the Marks of any of GT’s suppliers that you will submit a copy of such marketing materials to GT for approval prior to distribution of said materials. Additionally, upon GT’s request, you will provide information to GT sufficient to identify all your uses of GT’s Marks and/or the Marks of any of GT’s suppliers, whether in tangible or electronic form, and will provide GT with suitable specimens of your use of the GT Marks and/or the Marks of any of GT’s suppliers. You may not alter the GT Marks or the Marks of any of GT’s suppliers in any way, including, but not limited to, skewing, changing the color, rotating, separating logo elements, or changing typefaces. GT may review your use of the GT Marks and/or the Marks of any of GT’s suppliers and periodically evaluate your
compliance with GT’s quality standards for its licensees. If your use of the GT Marks and/or the Marks of any of GT’s suppliers is not acceptable, you agree to remedy such deficiencies immediately as GT may direct.
d. Quality Standards and Rules for Marketing and Selling GT Products and Services. You agree when creating marketing materials using any of GT’s products and services, including, but not limited to, Memberships as well as any travel products and/or services purchased through GT that you will provide GT with a copy of such marketing materials to be reviewed and approved by GT in its sole discretion prior to distribution of said materials.
i. Servicing Clients. GT will consider all clients brought to GT by you mutual clients. If you fail to promptly and/or courteously service these clients or should your clients contact GT to issue a complaint about your service, GT may elect to take whatever actions it deems necessary to correct the situation, including taking possession of any bookings currently outstanding. If GT is required to disburse funds to correct a problem with your client, you agree to immediately reimburse GT for all amounts disbursed by GT.
ii. Servicing Clients. GT will consider all clients brought to GT by you mutual clients. If you fail to promptly and/or courteously service these clients or should your clients contact GT to issue a complaint about your service, GT may elect to take whatever actions it deems necessary to correct the situation, including taking possession of any bookings currently outstanding. If GT is required to disburse funds to correct a problem with your client, you agree to immediately reimburse GT for all amounts disbursed by GT.
iii. Collecting Funds/Service Fees When Selling Travel. If permitted by law, Agents may charge service fees to their clients over and above the fees charged by GT for travel products and/or services. However, laws of certain states, including, but not limited to, Florida, California, Hawaii, Iowa, Nevada, Rhode Island and Washington, may require travel agents who retain service fees paid by the traveler and who accept checks payable to them or process any credit cards with their own merchant accounts to register with their states or the states they do business in for a Seller of Travel License. As an Independent Travel Agent, you agree to verify the laws in your State and file any and all necessary paperwork as documented in this Section and Section 9 of these Terms and Conditions. Further, when collecting funds for your client’s travel, you agree to ensure that the purchase is fulfilled in a timely manner. Should the travel order be canceled and a refund issued by the travel supplier, you agree to promptly refund all amounts to your client. You further agree 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.
iv. Errors and Omissions Insurance. As an Independent Travel Agent with GT, 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 GT’s Travel Reservation Center, through your ResMax™ website or through http://www.globaltravel.com. You agree to promptly supply GT 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 GT with verification of valid, adequate Errors and Omissions Insurance coverage, then GT may terminate of your Membership. GT will not be responsible for any errors made by you resulting from a booking made directly with a travel supplier/vendor. GT reserves the right to pursue any and all means necessary to obtain reimbursement for financial liability incurred by GT 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 GT activities and training, including but not limited to, teleconferences, seminars, promotions, conventions, and CruiseCollege™, may only be incorporated in marketing materials authorized by GT in advance in writing. You understand and acknowledge that GT retains all rights, title, and interest in and to the Promotional Materials and all documentation or information GT may provide to you in connection with you being an Agent.
f. Quality Standards and Rules for the National Do Not Call Registry. In compliance with federal, state, county and local laws, GT maintains the National Do Not Call Registry in GT’s system. You agree to abide by the procedures set forth in the Program Materials with regard to contact of prospective clients. Further, you agree that you will not contact any individual without first consulting and complying with GT Rules and Regulations defining GT’s policy on contact with the public.
g. Quality Standards and Rules for the National Do Not Call Registry. In compliance with federal, state, county and local laws, GT maintains the National Do Not Call Registry in GT’s system. You agree to abide by the procedures set forth in the Program Materials with regard to contact of prospective clients. Further, you agree that you will not contact any individual without first consulting and complying with GT Rules and Regulations defining GT’s policy on contact with the public.
h. Anti-Spam. GT requires its Agents to comply with its no-tolerance anti- spam policy. You agree that if GT believes you are transmitting any duplicative or unsolicited email messages without the recipient’s prior request or consent, GT 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.
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 GT.
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 GT: (i) the contents of the Guidelines, http://www.globaltravel.com, any manuals or other written materials of GT or any of its subsidiaries or affiliates; (ii) the names and information relating to customers and members, and prospective customers and members, of GT and/or persons, firms, corporations or other entities with whom the you have contact with on behalf of GT or to whom any other Agent of GT has provided goods or services at any time; (iii) the terms of various agreements between GT and any third parties, including without limitation, the terms of customer agreements, supplier agreements, and the like; (iv) any data or database, lists, or other information compiled by GT, including, but not limited to, customer lists, customer information, information concerning GT, or any business in which GT is engaged or contemplates becoming engaged, any company that GT engages in business, any customer, prospective customer or other person, firm or corporation to whom or which GT has provided goods or services or to whom or which any Agent of GT has provided goods or services on behalf of GT, or any compilation, analysis, evaluation or report concerning or deriving from any data or database, or any other information; (v) all policies, procedures, strategies and techniques regarding the services performed by GT, products offered by GT, training, marketing and sales of GT, either oral or written, and assorted lists containing information pertaining to customers and prospective customers; and (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 GT.
b. Treatment of Confidential Information. You shall not use or disclose any of
the Confidential Information other than as necessary within the scope your duties as an Agent. You shall take all steps reasonably necessary and/or requested by GT to ensure that the Confidential Information is kept confidential. You shall comply with all applicable policies, procedures and practices that GT may establish from time to time with regard to the treatment of the Confidential Information.
9. YOUR WARRANTIES AND INDEMNITY.
a. Your Warranties to GT. 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; (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 GT Agent; (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; (v) you will notify of GT of any change of information (including credit card information) as soon as practicable after such change and (vi) 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 GT Agents.
b. GT Not Liable for Your Expenses. GT will not be liable to you for any expenses incurred by you in performing your duties as an Agent.
c. You Indemnify the GT Group. You shall indemnify and hold GT and GT’s employees, contractors, officers, directors, shareholders, agents and/or affiliates (collectively, the “GT Group”) harmless from and against any and all claims suffered by any of the GT Group arising out of or in respect of (i) any violation of law by you, (ii) fraud, misrepresentation, willful misconduct or gross negligence on the part of you, (iii) any violation of these Terms and Conditions or the Guidelines by you, (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 GT, (v) your performance of your duties as an Agent or as a Member of the Program, (vi) your failure to comply with GT’s policies relating to the National Do Not Call Registry, or (vii) your failure to comply with the CAN-SPAM Act of 2003, as may be amended.
10. GT’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. GT DOES NOT MAKE ANY REPRESENTATIONS AS TO THE QUANTITY OR QUALITY OF SPECIAL TRAVEL OPPORTUNITIES, DISCOUNTS OR OTHER BENEFITS THAT MAY BE OFFERED BY GT. YOU UNDERSTAND AND AGREE THAT, AS PART OF THE OVERALL PRICE PAID FOR YOUR MEMBERSHIP, GT PROVIDES THE GT 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 GT, THE GT MARKS, PROMOTIONAL MATERIALS, SUPPORT AND THE PROGRAM, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, BY GT, 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
I do hereby authorize GT, and those acting pursuant to its authority to: a. Record my participation and appearance or use my recorded participation and appearance on video tape, audio tape, film, photograph or any other medium; b. Use my name, likeness, voice and biographical material in connection with these recordings; c. Exhibit or distribute such recording in whole or in part without restrictions or limitation for any educational or promotional purpose which GT and those acting pursuant to its authority, deem appropriate; d. Use any of my past, present, or future statements whether made orally, in writing, or otherwise for any educational or promotional purpose which GT and those acting pursuant to its authority deem appropriate. I also forever release and discharge GT 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 GT 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 GT 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 GT 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 GT’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 GT’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 GT 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. MISCELLANEOUS / ARBITRATION
a. You are an Independent Contractor of GT. 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 GT, 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 GT. 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 GT, and shall at all times represent yourself as an independent contractor of GT. You shall not under any circumstances be deemed to be an employee or affiliate of GT for any purposes, including federal tax purposes.
b. All Disputes Shall be Settled by Arbitration. In the event of a dispute between you and GT, you and GT 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.
c. 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.
d. Credit Reports. You authorize GT to report GT’s credit experience with you to others solely for: (i) periodic review of your independent contractor booking activity; and (ii) collection purposes.
e. Call Monitoring/Recording/Prerecorded Messaging, Predictive Dialing. You understand that GT may monitor, tape and/or record any conversation that may occur between us. However, GT is not obligated to do so and it may choose not to do so. You authorize GT 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.
f. 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 GT at its principal offices as set forth on http://www.globaltravel.com, and if to you, to the most recent address on record with GT. 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.
g. Assignment of Rights and Obligations Under These Terms and Conditions. GT 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 GT Agent, or your rights or obligations pursuant to these Terms and Conditions.
h. Assignment of Rights and Obligations Under These Terms and Conditions. GT 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 GT Agent, or your rights or obligations pursuant to these Terms and Conditions.
i. 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.
j. 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.
k. 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 GT 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 GT. These Terms and Conditions shall not be construed more strongly against GT despite GT’s responsibility for its preparation.
These Terms, the Program and pricing are subject to change without notice.
Effective 02/11/2021