Net Travel Ease INDEPENDENT CONTRACTOR AGREEMENT
This agreement is made this _______ day of _______________, _______, by and between NMP Corp, doing business as Net Travel
Ease Host Agency (hereinafter referred to as “NTE”), having its principal place of business in Phoenix AZ, and
_____________________________ as the Independent Contractor presently residing/located at
_________________________________________________________________________________.
FIRST:
TERM OF AGREEMENT
NTE hereby makes available the business opportunity to the Independent Contractor to act as an independent travel agent for NTE and the
Independent Contractor agrees to act in this capacity for a period stated here of twelve (12) months from the date above. Upon that date, or
at the end of that time period, this contract shall be extended automatically for twelve (12) months. However, if either party to this agreement
serves the other with notice in writing thirty (30) days prior to the above mentioned expiration, of their request to terminate the agreement
and not to renew, then the agreement may be terminated.
SECOND:
INDEPENDENT CONTRACTOR DUTIES
The Independent Contractor is hereby retained by NTE as a self-employed individual or entity to sell travel and travel services on behalf of
Net Travel Ease.
THIRD:
INDEPENDENT CONTRACTOR COMPENSATION
Compensation for the services rendered by the above named Independent Contractor shall receive payment of commissions on sales as
is stated following:
Computation of Compensation
The Independent Contractor shall be entitled to payment of commissions at 75% percent of the gross commissions including overrides
realized by NTE for sales of travel and travel services by the Independent Contractor named in this agreement. Unless IC is using payment
plan, commission will be 50% It is understood that any and all expenses and costs of these sales shall be borne by the Independent
Contractor unless agreed to in writing and signed by both parties to this agreement. Commissions are paid when received by the supplier.
IATAN or CLIA Number Usage and Commissions
As is stated, an Independent Contractor is free to do business with any other travel supplier of services. If the Independent Contractor uses
NTE's authorized International Association of Travel Agents Network number (IATAN) or Cruise Lines International Association number
(CLIA) to sell travel, then the Travel Agent is due its share of the commission paid by the travel supplier or vendor as is set forth in
Subparagraph A above.
Payment of Commissions Method
The above named Independent Contractor shall be paid monthly on the 15th of the following month. This payment will be for all
commissions earned and received by NTE in the prior 30 days. Commissions are paid when we receive them or with the next pay
schedule pay period. NTE shall provide said Independent Contractor with a thorough accounting of all commissions earned and any and
all expenses incurred and attributable to those specific sales during the previous month. NTE will enclose with that accounting a check
payable to the Independent Contractor in the appropriate amount earned by the Independent Contractor less any above-mentioned
expenses attributed to those sales.
FOURTH
HOURS
The above named Independent Contractor has the right to work any number of hours she/he wishes to do so .NTE shall have no fixed
hours required of the Independent Contractor. The Independent Contractor shall not be required to attend any office meetings or staff-
training sessions. The Independent Contractor has the right to work at their own schedule of hours.
FIFTH
BUSINESS SUPPLIES AND MATERIALS
The above named Independent Contractor must provide her/his own business supplies and materials for the purpose of doing business.
The Independent Contractor shall be responsible for purchase of any and all promotional materials, such as business cards, letterhead,
insurance and other materials needed to promote their business.
SIXTH:
PLACE OF BUSINESS AND WORK
The above named Independent Contractor may make any and all decisions in regards to where they perform their work and or sales activity.
SEVENTH:
PROFIT POTENTIAL
The Independent Contractor enjoys the opportunity and right to earn profit (profits) yielded by commissions that are earned pursuant to this
agreement.
EIGHTH:
THE RISK OF LOSS
The Independent Contractor takes full responsibility of assumption of risk of loss in the event that her/his sales commissions do not cover
their incurred expenses.
NINTH:
HIRING OF ASSISTANTS BY THE INDEPENDENT CONTRACTOR
The Independent Contractor has the right to hire or employ or constitute an agreement with other individuals for the purpose of
accomplishing the goals she/he feels necessary for their business. The Independent Contractor incurs all expenses for said persons as
will be outlined in their separate agreements.
TENTH:
NO VACATION OR OTHER BENEFITS
The above named Independent Contractor is a self-employed individual and shall not receive or earn sick pay, vacation, or other such
employee related benefits from NTE.
ELEVENTH:
CUSTOMER OWNERSHIP
It is understood and agreed upon that all customers and or clients of the Independent Contractor are and shall be the sole property of the
Independent Contractor. In the event that the Independent Contractor ceases to have an association with NTE then any or all customers of
the Independent Contractor shall have the freedom to do business with the Independent Contractor or any such travel agency they should
desire.
TWELVETH
RESPONSIBILITY OF TAXES & FILINGS
The above-mentioned Independent Contractor shall take the responsibility for complying with any and all local, state and federal laws as
they pertain to the performance of this agreement. This shall require the Independent Contractor to obtain any or all necessary business
licenses, state registrations and to pay any and all tax payments (federal, state, and local income taxes) as well as payments of any
applicable fees or charges for social security, worker's compensation and FICA. NTE will assist those agents residing in States requiring
Sellers of Travel licenses in obtaining exemptions whenever possible.
The NTE is not and shall not accept responsibility for payment or withholding of such items as they pertain to renderence by the
Independent contractor. It is agreed upon that the Independent Contractor holds NTE harmless for any assessments against NTE because
of any lack of payment or failure to pay the above-mentioned taxes and fees by the Independent Contractor.
THIRTEENTH
TERMINATION OF AGREEMENT
TERMINATION EVENTS
This agreement is not to be terminable prior to its expiration at the will of either party to the agreement, but is terminable for the following
reasons:
The death of the above named Independent Contractor or cessation of his travel business entity.
The continued inability or incapacity on the part of the Independent Contractor to the performance of her/his duties as outlined in this
agreement.
The occurrence of certain circumstances that make it impracticable or impossible for the business of NTE to continue.
A failure of payment from the Independent Contractor to NTE which is owed to NTE by the Independent Contractor including payment of
annual renewal fees within a thirty day period of billing such amount, if applicable.
The Independent Contractor does not resolve any complaints from its clients within 30 days of notification from the NTE that a complaint
exists.
If the Independent Contractor is terminated for any wrongful act related to the travel industry, the IC authorizes the information be
disseminated to the travel industry verbally or in writing and consents to either communication.
If The Independent Contractor sends any monies to the supplier other than the client's credit card payment or if the Independent Contractor
receives a commission directly from the supplier.
COMPENSATION-EFFECT OF TERMINATION ON COMPENSATION
In the event that this agreement shall terminate before the completion of the terms that are specified in this agreement, the Independent
Contractor will be entitled to any and all compensation earned by her/him prior to the termination date as is provided for in this Agreement.
This shall be computed at pro rata up to and inclusive of that date. The above named Independent Contractor shall not be entitled to any
further compensation as of the date of the termination. Commissions are earned upon the completion of the customer's travel. All
outstanding travel reservations at the time of termination shall be fully commissionable based on a written agreement prior to termination
and all pending travel reservations will remain under CST until completed.
COMPENSATION COMMISSION - TIME LIMIT OF CLAIMS
Any and all claims by the Independent Contractor for compensation commission on any sales made by the Independent Contractor or
others are waived by the Independent Contractor if they fail to request payment and make a claim for these within Thirty (30) days of this
agreement's termination.
FOURTEENTH
SOLUTIONS
Any claims made or controversies that arises out of or in relation to this Agreement will be settled by binding arbitration in the County of
Maricopa in the State of Arizona.
LEGAL ATTORNEYS FEES & RELATED COSTS
If it becomes necessary to interpret the terms of this Agreement or if any action at law is needed to enforce or again interpret the terms of
this Agreement, the party prevailing shall be entitled to reasonable attorney's fees, costs, and any other needed disbursements in addition
to any other assistance to which she/he may be entitled. All actions shall be submitted for binding arbitration in the State of Arizona.
FIFTEENTH
PROVISIONS (GENERAL)
GOVERNING LAWS OF AGREEMENT
This Agreement is and shall be governed by and construed according to the laws of the State of Arizona. The State Courts in Maricopa
County, Arizona shall have exclusive jurisdiction and venue over all controversies arising out of, or relating to this agreement.
ASSIGNABILITY
This Agreement is not assignable by the Independent Contractor.
VALIDITY-PARTIAL
In the event that this Agreement is found by a court of competence and jurisdiction to be invalid, unenforceable, or void, then the remaining
provisions shall continue in full force without being impaired or invalidated in any way.
INDEMNIFICATION
The Independent Contractor agrees that it will defend, indemnify and hold NTE harmless from all fines, suits, claims, demands,
obligations or actions of any kind, including costs and reasonable attorneys' fees by anyone allegedly arising from or connected with the
Independent Contractor's operation of its business.
CREDIT CARD CHARGES
The Independent Contractor shall be liable for any and all charges placed on the credit cards of their own business customers in the event
that such charges are declined or for which charges are paid and subsequently charged back for whatever reason, including, but not
limited to, the unauthorized or fraudulent use of a credit card. Notwithstanding any other provision of the Agreement, reimbursement will be
made seven (7) days from Independent Contractor's notification to NTE of such declined charges or charge-backs. Independent Contractor
shall be responsible for (1) keeping a client profile for each customer that uses "signature on file," and (2) keeping a signed document
(which identifies by name each person who has permission to use the card and the billing address of the cardholder) on file that
authorizes Independent Contractor or a third party to charge their card without a signed UCC, or other valid credit card authorization format,
for each transaction or unique travel occurrence.
NAME AND LOGO USAGE
Both the NET TRAVEL EASE and its logo are federally registered trademarks. They may not be used without the express written
permission of the company. Use of our name or logo without written permission, outside of mention in factual reviews or editorial context,
is a violation of our trademark.
The Independent Contractor has no authority, under any circumstances, to commit NTE in writing. The Independent Contractor will make
no representations to any clients or suppliers that imply the authority to bind NTE. NTE shall not be liable to the Independent Contractor, or
any third party, for any of the Independent Contractor's actions. In the event of any dispute, litigation, or legal expenses stemming from any
transaction entered into wrongly, the Independent Contractor shall be liable for all expenses connected with the dispute.
CONFIDENTIALITY
The Independent Contractor understands that any programs, ways of doing business, lists, passwords, agency codes, and all
information in the online agent manual belong to NTE and any release or unauthorized use of that information is prohibited.
The confidential IATAN/CLIA code that will be disclosed to the Independent Contractor is to be used only by the Independent Contractor
and cannot be used after termination of contract. This number cannot be disclosed to any other person except vendors.
AGREEMENT CHANGE OR WAIVER
This Agreement shall not be amended, except after the date hereof by a writing signed by all parties to the Agreement, and no amendment,
change, termination of waiver shall be binding unless it is in writing and is signed by the party or individual(s) against whom the
amendment, change or termination of waiver is sought to be enforced.
PLEASE FAX or email THIS COMPLETED FORM TO 602-494-7706 along with copy of your photo id to activate your
independent agent status and access to agent only manual.
This Agreement is executed in the County of Maricopa in the State of Arizona, on the ________ day of the month ___________________ in
the year __________.
Net Travel Ease
By: ______________________________________
(Name)
_________________________________________
(Title)
If someone referred you to the agency, we would like to thank them. Please give us the person’s name. Thank you.
Referred By:_________________________________________________________________________________
Independent Contractor
By: ______________________________________
(Name)
Address: _________________________________
Phone: ______________________________
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