EthniCity Enterprises Inc

DBA Escape to Eden Vacations Affiliate Contract

 

CONTRACT BETWEEN TRAVEL AGENCY

AND OUTSIDE SALESPERSON/INDEPENDENT CONTRACTOR

AGREEMENT made this ________ day of ____________________________, 200_ between EthniCity Enterprises Inc, a travel agency, having its principal place of business at 1000 SW 86th Ave Pembroke Pines Fl 33025 hereinafter referred to as the "Travel Agency" and _________________________________________________________________________of _______________________________________________ (Residence Address), _________________________ (City), ___________________ (State), _________ (Zip) hereinafter referred to as the Independent Contractor.

 

YEARLY MEMBERSHIP FEE $200.00

1. Term of Agreement

The Travel Agency hereby retains the Independent Contractor to act as an independent outside salesperson and the Independent Contractor agrees to act in such a capacity on behalf of the Travel Agency for a period of 12 months from ____/____/____ (date).

2. Duties of Independent Contractor

The Travel Agency hereby retains the Independent Contractor as a self-employed businessperson to sell travel and travel services to the public on behalf of the Travel Agency.

                   3. Compensation of Independent Contractor

As compensation for the services rendered by him under this Agreement, the Independent Contractor shall be entitled to commissions on sales as follows:

4. In General

The Independent Contractor shall be entitled a percentage of the Gross Commissions received by the Travel Agency for sales of travel or services by the Independent Contractor. Override commissions received by the Agency from hoteliers, airlines, tour operators for VOLUME sales are deemed separate from general commission and not part of the commission split.

                   5. Commission Compensation

The net commission is defined as the commission to the Travel Agency minus any fees the agent has incurred like postage and other business related expenses ($15 per booking processing fee deducted from gross commission before commission split). The commissions paid to the Affiliate are as follows:

25% - Affiliate refers travel to E E Inc

50% - Affiliate books travel with the assistance of a E E Inc professional

70% - Affiliate books travel without the assistance of a E E Inc professional.

** Once gross sales of $25,000 or 15 packages are sold by agent, an extra 5% for a total of 75% will be due agent when making a booking & NOT requiring EE Inc assistance.

                    6. Agency to Receive Its Share of Commission of Agency's CLIA Number, Psuedo IATA Numbers or Agency’s IATA Number Used while the Independent Contractor is free to do business with any other travel agency or customer, the Travel Agency shall receive its share of the commission paid by any supplier for any sale in which the Independent Contractor uses the Travel Agency's CLIA, Psuedo IATAN numbers or agency IATA number to process the sale.

                    7. Method of Payment

Travel Agency shall pay Independent Contractor via Agency Check within 2 weeks of receipt of commission from Tour Operator, Airline, Cruiseline or Hotel. Commissions are generally received by EE Inc within 2 weeks of clients "returning" from travel.

                    8.Independent Contractor shall report to Travel Agency all sales made using agencies’ CLIA Number, & Psuedo IATA numbers. The Independent Contractor shall also report any expense to be billed to the Travel Agency, such as Express delivery charges, and additional ticketing fees.

                  9. Independent Contractor to Provide Own Business Supplies and Be Responsible for Own Expenses. Independent Contractor shall provide his own computer, fax, telephone/fax/internet lines & business cards and other promotional materials after initial set-up kit is exhausted. Additional Business Cards, Brochures & Flyers can be provided for nominal fees as needed by EE Inc to Independent Contractor. Independent Contractor shall otherwise be responsible for all expenses incurred in performing his duties under this Agreement.

                   10. Place of Work

The Independent Contractor may choose where the work is to be performed, is not required to work on the premises of the Travel Agency, and is not required to answer the phones, or perform any other duties at the Travel Agency's offices.

                   11. Hours

Independent Contractor may work whatever hours he/she wishes. The Travel Agency may require no fixed hours. The Independent Contractor shall not be required to attend office meetings or office training sessions.

                   12. Risk of Loss/Profit Potential

Independent Contractor assumes the risk of incurring a loss if his/ her share of sales commissions does not cover the Independent Contractor's expenses. Similarly, Independent Contractor enjoys the right to earn a profit yielded by commissions shared pursuant to this Agreement.

                 13. No Entitlement to Vacation or Other Benefits as Independent Contractor

As a self-employed individual, the Independent Contractor shall not receive or earn any vacation or sick pay from the Travel Agency and is not covered under the agency's medical or dental plan.

                  14. Ability to Hire Assistants

Independent Contractor retains the right to employ whatever assistants or bring in whatever partners he/she may require at Independent Contractor's expense in order to accomplish the goal of travel sales contemplated by this Agreement. Anyone handling any bookings or reservations for the Independent Contractor should be covered under the insurance policy by being added onto the policy for the $90.00 yearly policy. If the Independent Contractor has someone who is not covered on the policy working with him/her and an incident occurs, the insurance company can deny the claim due to no coverage.

                   15. Independent Contractor Shall Be Responsible for Filing of Federal, State, and Local Estimated Payments on Commissions Received from Travel Agency, and for Other Assessments

Independent Contractor agrees to be fully responsible for complying with all federal, state, and local laws in connection with performance of this Agreement, including, but not limited to, payment of any estimated or other federal, state, or local income taxes, payment of applicable charges for social security, FICA, worker's compensation and obtaining any required state or local licenses or registration as a self-employed seller of travel/independent contractor outside salesperson.

Independent Contractor agrees to indemnify and hold Travel Agency harmless for any assessments against Travel Agency because of any failure by Independent Contractor to properly pay federal, state, or local income taxes (including estimated tax payments) and file returns in connection therewith, or to pay social security, FICA, or worker's compensation.

                   16. Ownership of Customers

The parties acknowledge that all customers of the Independent Contractor are and shall remain the property of the Independent Contractor. If the Independent Contractor shall cease to be associated with the Travel Agency for any reason, all customers of the Independent Contractor shall be free to continue doing business with the Independent Contractor independently, or through any other travel agency.

                   17. Events Causing Termination

This Agreement is NOT terminable prior to its expiration at the will of either party, but is instead terminable by the Travel Agency only on the following grounds:

(a) the occurrence of circumstances that make it impossible or impractical for the business of the Travel Agency to continue;

(b) the death of the Independent Contractor;

(c) the willful or negligent breach of duty by the Independent Contractor in the course of his performance under this Agreement;

(d) the continued incapacity on the part of the Independent Contractor to perform his/her duties. This includes not reading emails or being unable to be contacted by the host agency.

(e) the occurrence of agent and agency inability to work together due to conflicts.

(f) the membership fee not paid by the Independent Contractor within 2 weeks of due date..

(g) the Independent Contractor does not renew his/her membership at the yearly renewal.

(h) the Independent Contractor does not make a minimum of ONE booking per year of membership.

18. Effect of Termination on Compensation

In the event of the termination of this Agreement prior to the completion of its term specified herein, the Independent Contractor shall be entitled to the compensation earned by him/her prior to the date of termination as provided for in this Agreement computed pro rata up to and including that date; the Independent Contractor shall be entitled to no further compensation as of the date of termination.

19. Time Limit for Claiming Commissions After Date of Termination

All claims of the Independent Contractor for commission on sales, regardless of whether the sales are made by the Independent Contractor or others, are waived by the Independent Contractor if not made within sixty (60) days of the date of termination.

20. Remedies

Any controversy or claim arising out of or relating to this Agreement shall be settled by the courts of the Commonwealth of Florida only after exhausting all available avenues and recourses through a licensed arbitrator.

21. Attorney's Fees and Costs

If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees, costs, and necessary disbursements in addition to any other relief to which he may be entitled.

22. Partial Validity

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

23. Law Governing Agreement

This Agreement shall be governed by and construed in accordance with the laws of Florida.

         24. Non-Assignability

This is a personal service agreement that shall not be assignable by the Independent Contractor without the written consent of the Travel Agency.

25. Complete Agreement; Modification or Waiver

This agreement represents the complete understanding of the parties with respect to the described outside sales relationship. It is not to be amended after the date hereof except by an instrument in writing signed by the parties. No amendment, modification, termination or waiver shall be binding unless in writing and signed by the party against whom the amendment, modification, termination or waiver is sought to be enforced. No waiver of any provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, not shall any waiver constitute a continuing waiver.

Executed at: _______________(City), ______________(State) ,

 on the day and year first above written.

EthniCity Enterprises Inc

DBA Escape to Eden Vacations

 

By:___________________________________________________________________

(Name and Title)

 

Independent Contractor

 

By:______________________________________________________________________

 

E-Mail address to send information to:___________________________________________

Phone Number:___________________________________________

TAX ID NUMBER (this is your social security number or tax id for a corporation):__________-___________-__________

 

COMPLETE & FAX TO 509 463 4160