Travel Pros, Inc,. a Delaware Corporation doing business as TPI Travel Services (“TPI”), is a fully accredited, endorsed and bonded ARC and IATAN travel agency operating exclusively to support Independent Agents. I apply to become an Independent Travel Agent of TPI. If my application is accepted, I acknowledge and agree to the following:
I understand that services purchased are not refundable, except when specifically stated that they are.
Independent Sales: If my membership is approved, TPI shall authorize me to act as an Independent Travel Agent for TPI. In that capacity, I agree to promote and sell travel products and services either through TPI, or directly, and to comply with and be bound by the terms of TPI’s Independent Agent Procedure manual. Failure to comply with the procedure manual may result in a warning, or in severe cases, permanent termination, regardless of the initial term of my membership. If I am terminated, no refund will be provided for my membership or other services I have purchased.
TPI IATA NUMBER: TPI will provide access to its IATA number. I understand that I am NOT to share with or give ANYONE access to TPI’s IATA number. If I do so, I am in violation of this agreement, and will be terminated immediately, regardless of type of membership purchased.
TPI shall be obligated to provide all services which I order from TPI after my application is accepted.
Upon acceptance by TPI, I shall be authorized to identify myself as an Independent Travel Agent with TPI in accordance with those guidelines, and to utilize the promotional materials produced by TPI, but I shall not be authorized to otherwise use the TPI trade or service names or marks, or any other promotional materials, without the express written permission of TPI. I shall be free to market travel as I wish, provided that I act professionally, and in the best interests of the travel and tourism industry, and identify my status on all written correspondence and in all verbal communications as an “Independent Travel Agent”. TPI will support my efforts to sell travel by making available to me promotional materials, training and other support services as described in its promotional literature and the Program.
Compensation/Other Benefits: TPI shall pay to me, not as salary or wages, but as my share of the commissions received by TPI for travel sales that I have made, a percentage of those commissions. The current percentage as stated in the current TPI program, shall not change for at least 1 year. Additional compensation shall be acquired through service fees collected directly from customers. I do not have to share those service fees with TPI, and I understand that service fees are a major part of income for Independent Travel Agents.
Acceptance and Term: This Agreement shall become binding and effective upon TPI’s approval of my membership. TPI reserves the right to deny acceptance to anyone, for any reason. If TPI does not approve my membership, no charge will be made to my credit card, and if I have paid for any service, such payment shall be immediately refunded. If approved by TPI, this Agreement shall remain valid unless cancelled by either party. Either party may cancel this agreement by giving 30 days’ notice in writing. All travel identification credentials issued by TPI are the property of TPI and must be returned upon request.
Independent Contractor: I shall be an independent contractor and not an employee of TPI. I shall be responsible for any and all applicable taxes, expenses, premiums, contributions and other payments arising from my income and the activities I conduct under this Agreement. I am not eligible for any employee benefit programs under this Agreement, including, but not limited to, leave of any type, unemployment or disability compensation, retirement, health care or death benefits. I am responsible to obtain any business or other permits required by law or public authority relating to the operation of my independent travel business, and I will comply with all applicable laws.
Liability: Neither party shall be liable for any debts, accounts, obligations, torts or other liabilities on the part of the other party or its employees, except as this Agreement may otherwise provide. I shall indemnify and hold TPI harmless from and against any and all liabilities, which I may cause or incur that are contrary to the express provisions of this agreement.
Disputes: This Agreement shall be governed by the laws of the State of Florida. Any claim arising out of this Agreement shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If I wish to pursue any such claim, I must do so by filing and serving a demand for arbitration within one hundred and twenty (120) days of the date the alleged actions giving rise to the claim occurred, addressed to TPI.
In case of any violation of this agreement, TPI may terminate me regardless of the type of membership I have purchased.
Other: I may not assign this Agreement. This Agreement does not constitute the sale of a franchise or distributorship. I am at least 18 years of age.
Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to its subject matter. This Agreement may not be modified or amended orally or in any other way except by an agreement in writing duly executed by the parties.
Severability: Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, or be deemed modified to conform to the minimum requirements of such law. If for any reason it is not deemed so, modified, prohibited, or invalidated, provisions shall not affect the validity of the remainder of this Agreement.
BY SUBMITTING AN ORDER FOR MEMBERSHIP, EITHER ELECTRONICALLY OR VIA FAX OR MAIL, I AGREE TO ACCEPT THE TERMS OF SERVICE AS OUTLINED HEREIN.