Global Travel International, Inc.
Terms and Conditions
1. APPLICATION FOR ENROLLMENT.
You may apply for enrollment in the Global Travel International Membership Program (the “Program”) offered by Global Travel International, Inc., a Florida corporation (“GTI”), 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 GTI in its sole discretion. GTI may amend these Terms and Conditions, at any time, by posting the amendments on GTI’s company website, 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 www.globaltravel.com.
2. MEMBERSHIP STATUS.
a. Your Certification by GTI as an Agent. You will become an active Agent of the Program (“Agent”) immediately upon (i) GTI’s certification of you as an Agent of the Program (“Membership”), and (ii) GTI’s receipt and collection of your Membership Fees. GTI’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, GTI will refund your Membership Fees.
i. Memberships Obtained Through Authorized Resellers. If you submitted your enrollment application and/or paid your Membership Fees to a GTI authorized re-seller, then your status as an Agent will be subject to GTI’s receipt of your completed enrollment application and Membership Fees from such GTI authorized re-seller. If GTI does not receive either your completed enrollment application or your Membership Fees from the authorized re-seller, GTI shall have no obligation to enroll you in the Program or activate your status as an Agent. You agree to release GTI from any claim related to the submission of your enrollment application or payment of your Membership Fees to a GTI 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 GTI’s membership tracking system. Unless you elect not to renew your Membership by contacting GTI 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 GTI 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). GTI reserves the right to amend the Renewal Fee(s) at any time by posting the amended Renewal Fee(s) on www.globaltravel.com.
c. Contact GTI With Questions About Your Membership. If you have any questions regarding your Membership, you may contact GTI by visiting www.globaltravel.com or calling GTI’s Call Center at the toll-free number listed on your GTI 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 GTI from time to time in its sole discretion.
e. You may not enroll in more than two (2) GTI Memberships online during any fourteen (14)-calendar day period. If more than two (2) are enrolled during this designated period, GTI 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 GTI 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 GTI, (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 GTI and available on www.globaltravel.com (collectively, the “Guidelines”), as the same may be amended by GTI from time to time in its sole discretion.
GTI’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 GTI in its sole and absolute discretion.
You acknowledge and understand that GTI 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 GTI. 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 GTI, 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 GTI policy to alter your GTI 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 GTI 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 GTI and certain travel industry and non-travel industry perks and benefits offered by GTI from time to time. GTI 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, GTI 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 GTI. Travel sales productivity requirements are based on a rolling twelve (12) month-period and must be produced to GTI by you immediately upon GTI’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 www.globaltravel.com.
d. Additional Purchases and Add-On Components
In addition to the Membership programs, GTI 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 GTI’s Agents. While the primary components of these offerings are subject to change at any time, at the sole discretion of GTI, 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.
4. COMMISSIONS PAYABLE TO YOU.
a. Travel Commissions and Quick Cash Bonuses Payable to You. GTI may pay you a share in the amounts specified in GTI’s Compensation Schedule (“Commissions” or “Bonuses”) for the Commissions and/or Bonuses received by GTI in connection with your travel sales. Your Commissions and/or Bonuses will be redeemable in the form of a travel or bonus credit with GTI until the total of such Commissions and/or Bonuses in your account equals or exceeds a predetermined amount as defined in GTI’s Compensation Schedule. Upon termination of your Membership, you agree to forfeit and waive all rights to any Pending Commissions and/or Bonuses related to your transactions as an Agent of GTI unless otherwise prohibited by law. In the event that you fail to comply with any of these Terms and Conditions or the Guidelines or you owe any amounts due to GTI, its partners and/or suppliers, GTI reserves the right to retain any and all Commissions and/or Bonuses earned by you for any balances due GTI, GTI’s suppliers, and/or travel sales clients.
b. Compensation Schedule. GTI’s Compensation Schedule is posted on www.globaltravel.com, or a copy may be obtained by calling GTI. The Compensation Schedule may be amended from time to time by GTI in its sole discretion. If amended, GTI will post the amended Compensation Schedule on www.globaltravel.com.
c. You Are Responsible for Taxes Payable on Payments Made to You by GTI. GTI will not withhold any taxes from any payments made to you pursuant to these Terms and Conditions. GTI 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 GTI.
d. Agents Who Are Not United States Residents or Citizens. If you are, or if you place an order on behalf of, a resident and/or citizen of a country other than the USA, you acknowledge that applicable laws, regulations, taxes, and tariffs, as well as factors including, but not limited to, costs and charges associated with foreign shipping and handling, exchange rate fluctuations, and points of origin/destination, may reduce or eliminate benefits of doing business as an Agent with GTI that would otherwise be available to a resident and citizen of the USA.
5. PAYMENT OF AMOUNTS YOU OWE TO GTI.
a. Payment Authorization. You authorize GTI 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 GTI, by automatically charging any billing vehicle GTI 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 GTI in writing no less than sixty (60) days from the expiration date of your Membership. For any amount owed by you to GTI, GTI 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 GTI 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 GTI 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 GTI incurs any fees and costs, including, without limitation, legal fees and expenses, in connection with its collection of any amounts due from you to GTI (the “Collection Costs”), you agree to pay all Collection Costs. In the event that any check that you issue or remit to GTI is returned, you agree to pay to GTI all costs and expenses as permitted by law (the “Returned Check Fees”).
i. Approvals for Membership Fees. In the event that GTI is unable to obtain an approval code for the preliminary charge for your Membership Fees, GTI reserves the right to continue to attempt to obtain an approval code by resubmitting the charge through GTI’s credit card processor.
ii. Installment/Monthly Payment Plans. GTI 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 GTI 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. Payments Not Collected. If GTI is unable to collect the full amount or any amount of a payment due and payable to GTI for your Membership, Renewal and/or any optional programs, products and/or services, GTI reserves the right to terminate or suspend your Membership and/or your optional programs, products and/or services without notification. In addition, in the event we are unable to collect all of any portion of any payment billed to your credit card, you will be charged a fee in the amount determined by applicable law. Upon receipt of the total amount due, GTI may reactivate your Membership, optional programs, products and/or services subject to receipt of late fees, which may be charged to the maximum extent required by law. GTI also reserves the right to accelerate any and all balances for payments due for Membership and/or Renewal Fees should you default on your agreed payment plan.
i. Collections of Monthly Fees by Third Party Agencies. GTI reserves the right, in its sole discretion, at any time during the Membership contract to sell or assign any payments due from you to GTI to a third party for collection. These payments include, but are not limited to, monthly Membership Fees, Renewal Fees, optional program, product and/or service fees as well as any other fees.
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, GTI may immediately terminate your Membership. If your Membership is terminated by GTI 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 GTI, travel consumers and/or GTI’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. GTI reserves the right to cancel any membership at any time for any reason in its sole discretion.
b. Cancellation of Your Initial Membership. You may cancel your Membership by notifying GTI via telephone on the telephone number listed on your initial application, during GTI’s normal operating hours, and within the time period allotted as stated on your Agent Application. Should you elect to cancel your Membership, once GTI is contacted via telephone on the number it has directed you to use for cancellations, a cancellation number will be issued to you provided you are calling to cancel within the cancellation period. A cancellation agreement may also be sent to you to sign and return. Once your cancellation number is issued, you agree to return to GTI the signed cancellation agreement, if applicable, as well as any and all membership-related materials sent to you, including, but not limited to, your Independent Travel Agent Identification Card. While GTI agrees to stop future billings at the time of your cancellation request, you agree that your membership will not be canceled and a refund not due until this cancellation number has been issued by GTI. You further agree that should you fail to meet all of these requirements within the cancellation period provided, your Membership 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 provided, a refund will be issued less any applicable activation, shipping, processing, and/or application fees that may have been charged at the time of enrollment. Activation, shipping, processing, and/or application fees are non-refundable. NOTE: Faxed, emailed or mailed requests for cancellation will not be processed by GTI. You agree that submitting a request for cancellation using these methods will be considered an invalid request.
c. Cancellation of Your Renewal Membership. Unless you elect not to renew your Membership by notifying GTI via telephone, during GTI’s normal operating hours, at least thirty (30) days prior to the expiration of your Membership, or GTI elects not to renew your Membership at least thirty (30) days prior to the expiration of your Membership, your Membership will be automatically renewed for additional terms of the same duration of time as on the initial application, subject to payment and collection of the applicable Renewal Fee(s). Should you elect to cancel your Membership, once GTI is contacted via telephone for cancellation, a cancellation number will be issued to you and a cancellation agreement may be sent to you to sign and return. Once your cancellation number is issued, you agree to return to GTI the signed cancellation agreement, if applicable, as well as your Independent Travel Agent Identification Card. While GTI agrees to stop future billings at the time of your cancellation request, you agree that your Membership will not be canceled and a refund not due until this cancellation number has been issued by GTI and the materials referenced above have been received by GTI. You further agree that should you fail to meet all of these requirements within the cancellation period provided, your Membership 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 provided, a refund will be issued to you if such a refund is due for the renewal term. No refunds of any Renewal Fees will be issued unless all credentials issued by and on behalf of GTI are received by GTI within the allotted cancellation period as described above. NOTE: Faxed, emailed or mailed requests for cancellation will not be processed by GTI. You agree that submitting a request for cancellation using these methods will be considered an invalid request.
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), GTI 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 GTI’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 GTI via telephone, during GTI’s normal operating hours, within the cancellation period disclosed at the time of purchase. Once you’ve contacted GTI 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 GTI the signed cancellation agreement, if applicable, and any and all materials sent to you for this program or product. While GTI 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 GTI and the materials referenced above have been received by GTI. 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 GTI, including but not limited to the contents of your optional programs, products and/or services must be returned to GTI 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 GTI in their original condition. GTI 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 GTI. 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, GTI’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 GTI 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 GTI 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 GTI’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 GTI (i) all materials bearing any of the GTI Marks (as defined in section 7a) (ii) all identification credentials issued to you as an Agent and/or on behalf of GTI, including, but not limited to, your GTI 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 GTI and any unredeemed benefits are received by GTI.
7. PROMOTIONAL MATERIALS, SUPPORT AND LICENSE TO USE GTI’S TRADEMARKS.
GTI 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 “GTI 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 GTI 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 GTI.
b. GTI Grants You a License to Use the GTI Marks. Subject to the conditions set forth in these Terms and Conditions, GTI grants you a worldwide, personal, nonexclusive, non-assignable, nontransferable limited license to use the GTI 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 GTI. GTI retains all right, title, and interest in the GTI Marks, other than the limited license rights granted in the preceding sentence.
c. Quality Standards and Rules for Your Use of the GTI Marks and/or the Marks of Any of GTI’s Suppliers. You agree when creating marketing materials using GTI’s Marks and/or the Marks of any of GTI’s suppliers that you will submit a copy of such marketing materials to GTI for approval prior to distribution of said materials. Additionally, upon GTI’s request, you will provide information to GTI sufficient to identify all your uses of GTI’s Marks and/or the Marks of any of GTI’s suppliers, whether in tangible or electronic form, and will provide GTI with suitable specimens of your use of the GTI Marks and/or the Marks of any of GTI’s suppliers. You may not alter the GTI Marks or the Marks of any of GTI’s suppliers in any way, including, but not limited to, skewing, changing the color, rotating, separating logo elements, or changing typefaces. GTI may review your use of the GTI Marks and/or the Marks of any of GTI’s suppliers and periodically evaluate your compliance with GTI’s quality standards for its licensees. If your use of the GTI Marks and/or the Marks of any of GTI’s suppliers is not acceptable, you agree to remedy such deficiencies immediately as GTI may direct.
d. Quality Standards and Rules for Marketing and Selling GTI Products and Services. You agree when creating marketing materials using any of GTI’s products and services, including, but not limited to, Memberships as well as any travel products and/or services purchased through GTI that you will provide GTI with a copy of such marketing materials to be reviewed and approved by GTI in its sole discretion prior to distribution of said materials.
i. Servicing Clients. GTI will consider all clients brought to GTI by you mutual clients. If you fail to promptly and/or courteously service these clients or should your clients contact GTI to issue a complaint about your service, GTI may elect to take whatever actions it deems necessary to correct the situation, including taking possession of any bookings currently outstanding. If GTI is required to disburse funds to correct a problem with your client, you agree to immediately reimburse GTI for all amounts disbursed by GTI.
ii. Use of Online Marketing Houses to Promote GTI Products and Services. GTI strictly prohibits the use of any online marketing clearing house and/or online auction service, including, but not limited to, EBay, Inc. for the marketing of any of GTI’s products and services, GTI Memberships, GTI’s travel products and/or services. Should you have posted any Membership products or services or travel products and/or services on an online clearing house/auction location, you agree to remove it immediately.
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 GTI 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 GTI, 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 GTI’s Travel Reservation Center, through your ResMax™ website or through www.globaltravel.com. You agree to promptly supply GTI 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 GTI with verification of valid, adequate Errors and Omissions Insurance coverage, then GTI may terminate of your Membership. GTI will not be responsible for any errors made by you resulting from a booking made directly with a travel supplier/vendor. GTI reserves the right to pursue any and all means necessary to obtain reimbursement for financial liability incurred by GTI 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 GTI activities and training, including but not limited to, teleconferences, seminars, promotions, conventions, and CruiseCollege™, may only be incorporated in marketing materials authorized by GTI in advance in writing. You understand and acknowledge that GTI retains all rights, title, and interest in and to the Promotional Materials and all documentation or information GTI 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, GTI maintains the National Do Not Call Registry in GTI’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 GTI Rules and Regulations defining GTI’s policy on contact with the public.
g. Quality Standards and Rules for the CAN-SPAM Act of 2003. The Senate and House of Representatives of the United States of America in Congress assembled, and have implemented an Act known as the CANSPAM Act of 2003 The purpose of this Act is to provide recipients means of protection against unsolicited commercial electronic mail. The receipt of unsolicited commercial electronic mail may result in costs to recipients who cannot refuse to accept such mail and who incur costs for the storage of such mail, or for the time spent accessing, reviewing, and discarding such mail, or for both. Pursuant to the CAN-SPAM Act of 2003, when engaging in electronic mail marketing of your or GTI services, you agree that all commercial electronic mail sent by you as an Agent of GTI shall include: (i) a full physical address of GTI, (ii) a valid telephone contact number for yourself or Global Travel International, (iii) a valid return email address so that the recipient can easily communicate with you, and (iv) a header or subject line that is not false or misleading in any way. In addition, you acknowledge and agree that any request to remove the recipient’s email address must be honored within ten (10) days of the date you receive the request. Any electronic mail campaign should be submitted to email@example.com electronic mail address prior to being delivered to any clients or prospects for approval by GTI. The CAN-SPAM Act of 2003 and this procedure will be available at www.globaltravel.com for your review.
h. Anti-Spam. GTI requires its Agents to comply with its no-tolerance anti-spam policy. You agree that if GTI believes you are transmitting any duplicative or unsolicited email messages without the recipient’s prior request or consent, GTI 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 GTI.
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 GTI: (i) the contents of the Guidelines, www.globaltravel.com, any manuals or other written materials of GTI or any of its subsidiaries or affiliates; (ii) the names and information relating to customers and members, and prospective customers and members, of GTI and/or persons, firms, corporations or other entities with whom the you have contact with on behalf of GTI or to whom any other Agent of GTI has provided goods or services at any time; (iii) the terms of various agreements between GTI 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 GTI, including, but not limited to, customer lists, customer information, information concerning GTI, or any business in which GTI is engaged or contemplates becoming engaged, any company that GTI engages in business, any customer, prospective customer or other person, firm or corporation to whom or which GTI has provided goods or services or to whom or which any Agent of GTI has provided goods or services on behalf of GTI, 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 GTI, products offered by GTI, training, marketing and sales of GTI, 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 GTI.
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 GTI to ensure that the Confidential Information is kept confidential. You shall comply with all applicable policies, procedures and practices that GTI may establish from time to time with regard to the treatment of the Confidential Information.
9. YOUR WARRANTIES AND INDEMNITY.
a. Your Warranties to GTI. 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 GTI 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 GTI 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 GTI Agents.
b. GTI Not Liable for Your Expenses. GTI will not be liable to you for any expenses incurred by you in performing your duties as an Agent.
c. You Indemnify the GTI Group. You shall indemnify and hold GTI and GTI’s employees, contractors, officers, directors, shareholders, agents and/or affiliates (collectively, the “GTI Group”) harmless from and against any and all claims suffered by any of the GTI 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 GTI, (v) your performance of your duties as an Agent or as a Member of the Program, (vi) your failure to comply with GTI’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. GTI’S COLLECTION OF INFORMATION AND PRIVACY OF YOUR INFORMATION.
Some of the ways GTI accumulates and uses your personal information include, but are not limited to the following: GTI uses the information it collects about you to process orders and to provide better service. When you make a reservation using GTI’s services, GTI may need to know your name, email address, mailing address, phone number, credit card number, and expiration date. This allows GTI to process and fulfill your order and to notify you of your order status. When you subscribe to GTI’s e-newsletter, GTI may ask for your name, address, phone number and email address so that it can properly route the information. When you enter a contest or other promotional feature, GTI may ask for your name, address, phone number and email address so it can administer the contest and notify winners. GTI personalizes your experience online by using your contact with GTI’s websites to shape GTI’s recommendations about GTI content that might be of interest to you. GTI also monitors customer traffic patterns and website usage to help it develop the design and layout of the site. GTI may also use the information it collects to occasionally notify you about important changes to its services, new services and special offers. In addition, GTI may choose to sell, trade, or rent your personal information to third parties. Such third parties may use your information for a variety of reasons including, but not limited to soliciting you for offers of products and/or services. OPTING OUT-If you would rather not receive information from GTI or do not want GTI to disclose your information to unrelated third parties, please send GTI an email notification at firstname.lastname@example.org or in writing to GTI. Please specify in your email to opt out of third party offers, opt out of GTI offers, or opt out of both GTI and third party offers. If you send us an email and do not specify what you want to opt out from, we will attempt to contact you for clarification. If we do not receive your response within 15 calendar days of our request back to you, we will ignore your removal request. You agree to allow GTI up to thirty (30) days for the change to take effect in GTI’s system. The change will not have been deemed to take effect until you receive a written confirmation of the change from GTI.
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. GTI DOES NOT MAKE ANY REPRESENTATIONS AS TO THE QUANTITY OR QUALITY OF SPECIAL TRAVEL OPPORTUNITIES, DISCOUNTS OR OTHER BENEFITS THAT MAY BE OFFERED BY GTI. YOU UNDERSTAND AND AGREE THAT, AS PART OF THE OVERALL PRICE PAID FOR YOUR MEMBERSHIP, GTI PROVIDES THE GTI 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 GTI, THE GTI MARKS, PROMOTIONAL MATERIALS, SUPPORT AND THE PROGRAM, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, BY GTI, 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 GTI, 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 GTI 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 GTI and those acting pursuant to its authority deem appropriate. I also forever release and discharge GTI 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 GTI 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 GTI 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 GTI 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 GTI’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 GTI’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 GTI 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.
a. You are an Independent Contractor of GTI. 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 GTI, 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 GTI. 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 GTI, and shall at all times represent yourself as an independent contractor of GTI. You shall not under any circumstances be deemed to be an employee or affiliate of GTI for any purposes, including federal tax purposes.
b. All Disputes Shall be Settled by Arbitration. In the event of a dispute between you and GTI, you and GTI 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 GTI to report GTI’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 MessagingPredictive Dialing. You understand that GTI may monitor, tape and/or record any conversation that may occur between us. However, GTI is not obligated to do so and it may choose not to do so. You authorize GTI 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 GTI at its principal offices as set forth on www.globaltravel.com, and if to you, to the most recent address on record with GTI. 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. GTI 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 GTI Agent, or your rights or obligations pursuant to these Terms and Conditions.
h. Severability. If any term, condition or provision of these Terms and Conditions or the application thereof to any party or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of these Terms and Conditions shall not be affected thereby. In each other term, condition and provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.
i. Certain Provisions Survive Termination, Cancellation or Expiration of Your Membership. All covenants, agreements, representations and warranties made in these Terms and Conditions shall survive the termination, cancellation or expiration of your Membership.
j. 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.
k. 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.
l. 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 GTI 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 GTI. These Terms and Conditions shall not be construed more strongly against GTI despite GTI’s responsibility for its preparation.
These Terms, the Program and pricing are subject to change without notice. effective 1/1/2010 Program and pricing are subject to change without notice.