Independent Contractor Agency Agreement
THIS AGREEMENT made this day, _____________________, by and between Avalon Travel Company (aka Atravco.com) and assigns, and an independent contractor, acting as a referral agent (RA), as named in said application submitted with this agreement.
W I T N E S S E T H:
WHEREAS, Avalon Travel, the agency ("Agency") with administrative offices at 8410-D Streamview Dr, Huntersville, NC 28078, is engaged in the travel business; and
WHEREAS, the independent contractor, "Agent" as in Referral Agent (RA), is an individual or business who refers prospects to said Agency.
NOW THEREFORE, it is agreed:1. Term - The term of this agreement is month to month and will be automatically renewable each month.
2. The Referral Agent (RA) is granted permission to solicit prospective clients but not develop, quote, or suggest any travel plans, arrangements, or destinations but merely ask a prospect about their travel plans. Said Agent can not discuss pricing or specific travel packages with prospective clients but only refer such leads to the Agency or to their assigned in-house agent. Referral Agents (RA) are also not allowed to "handle client's funds" or receive credit card information.
3. Authority - The Agent (RA) shall have no authority, under any circumstances, to commit the Agency to any binding obligation. Nor will the Agent make any representation that will imply or bind the Agency to any such agreement.
4. Taxes and Licenses - The Agent is an independent contractor, and as such, shall abide by all applicable federal, state, and local laws for doing business as a travel agent and be responsible for all such taxes, licenses, permits, seller of travel registration, and other business regulations relating to activities resulting in commission income derived through their relationship with the Agency. Annual total earned commissions greater than $600 shall be reported on an annual basis by means of IRS Form 1099 each calendar year. Thus, the Agent assumes all responsibility for income tax, FICA, and any other taxes or licenses attributable to such income.
5. Commissions - The Referral Agent (RA) shall be entitled to a referral commission if all necessary information concerning the reservation or trip has been properly forwarded to the Agency and the prospect(s) have completed their itinerary without negative consequence or recourse. Referral Agents (RA) will receive 20% of the net commissions (net of all applicable administrative charges, and fees) after such commissions are received by the Agency. Payment shall be made on a monthly basis no later then 15 days following the end of the month of receipt of such funds by the agency. Referral agents (RA) shall be paid commissions only on vacation packages (land and air), vacation rentals, cruises, and tours equal to or greater than 3 days/nights in duration. Bookings for all other travel less than 3 days should be referred to the online booking systems and no compensation shall be due.
6. Expenses - Each Agent is responsible for all expenses related to acquiring leads. Therefore, the Agency shall not be liable for any expenses incurred by the Agent during their efforts to secure a prospect including, but not limited to: advertising, postage, telephone calls, insurance, business cards, mileage, entertainment expenses, and any other expense related to obtaining leads and forwarding the appropriate information.
7. Benefits - Agents as Independent Contractors are not employees and; therefore, shall not be entitled to any company benefits to include but not limited to health insurance, life insurance, bonuses, office space, retirement accounts, vacation, workmen's compensation, sick pay, and profit sharing.
8. Liability - The Agency shall be held 'hold harmless' by the Agent for theirs or any third parties acts while conducting business in behalf of the Agency when not covered by liability or E&O insurance. In the event of any dispute, litigation, or legal expenses stemming from any transaction involving the Agent, the Agent will be liable for all expenses connected with such a dispute.
9. Termination - This agreement, and the relationship created hereby, may be terminated immediately by either party hereto, with or without cause, at any time upon delivery of a 10 day written notice. Upon termination of this agreement, the Agent shall be entitled to compensation earned prior to the date of termination as provided for in this agreement. The Agent shall also be entitled to commissions earned prior to termination but received by the Agency subsequent to termination of this agreement. The Agent agrees not to furnish to anyone, any information as to the Agency's clients, business procedures, trade secrets, terms, or conditions. Clients brought into the Agency because of the Agent's own direct efforts and expense shall be considered the property of the Agent.
This Agreement may be terminated immediately by Avalon Travel and at Avalon's discretion if the Agent has: (1) Abused or not complied with policy and procedures of Avalon Travel or (6) The Agent has otherwise breached this agreement. Upon termination, Agent shall return all material and confidential information supplied to Agent by Avalon Travel before getting paid for outstanding commissions.
10. No inducement - A terminated Agent shall not induce other members of the Avalon Travel Network to leave.
11. Entire Agreement - This agreement constitutes the entire agreement between the Agency and the Agent, and there are no other agreements or understandings concerning such agreement which are not set forth herein. The Agent understands that any procedures, policies, or conditions set forth in this contract are subject to change and Avalon Travel reserves the right to alter, change, or revise any portion of this Agreement upon a 10 day notice.
The failure of either party to enforce at any time any of the provisions or terms of the agreement shall not be construed to be a waiver of such provision or term, nor of the right of any party therefore to enforce such term or provision.
The laws of the State of North Carolina shall govern this agreement, and Huntersville, NC shall be the forum for any such disputes.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth in the application submitted by the Agent below.
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Avalon Travel Company, 8410-D Streamview Dr., Huntersville, NC 28078
Copyright (C) 2000-2007 Avalon Travel Company. All rights reserved.
Revised: March 31, 2007