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IVAR (Independent Vacation Representative agreement) Why this needs to be faxed or sent not just e-mailed? Because you will receive confidential passwords and direct connections to inventory for such companies as United Vacations, Carnival, Disney, Apple Vacations, Pleasant etc. and they require definite proof of identity...including a clear copy of a drivers license. This is an agreement between Fun Companies, a division of PowerBusiness Associates Inc. hereby known as "Company" and Your name) ________________________________ an INDEPENDENT VACATION REPRESENTATIVE, hereby referred to as "IVAR. Telephone with area code: ______________________________ E-mail _________________________________ Company business address is
I. TERM OF AGREEMENT. The IVAR is authorized by the Company for a period of one year as a member of the Independent Vacation Representative in the form of an independent agent. At the end of one year the contract will automatically renew for another term at conditions prevalent for the time unless the party not intending to renew gives a 30 days notice. Either party can give 30 days notice any time without cause. II. SCOPE OF CONTRACTOR. Company grants membership to the IVAR as a self-employed agent to represent cruises, tours and other vacation services on non-exclusive basis. III. PLEASE CHECK WHICH OPTION: IV. COMPENSATION. As compensation for services provided as an IVAR under this agreement the IVAR will be paid in the following manner: A. IVAR's receive a sliding commission scale. In the BASIC PACKAGE, IVAR will receive 50% of the commissions on commissionable cruises, tours, vacation packages, hotels and resorts for traveled booking made by the IVAR when ordered from approved suppliers and where Company is paid. In the BUSINESS IN A BOX, IVAR will receive 70% of the commission from the beginning B.Once a BASIC PACKAGE IVAR does $5,000 in commissions in a 12 month period he/she is bumped up to 70% of the commissions for future bookings. Upon reaching $10,000 in gross commissions in a 12 month period both IVARs are moved to PROFESSIONAL category with 80% commission on new bookings. C. Commission will be paid monthly when client travels and supplier pays. Commission will be paid on all travel that is completed, paid for by the client and where Company has received payment from supplier. D. Company has the right to modify commission schedules depending on prevailing market conditions, supplier commission policies and prevailing regulations. IVARs will receive notice if, and when these changes occur. E. If IVAR pays net pricing to a supplier or fails to mark up commission when reselling a net priced package or cruise the IVAR will still be responsible for paying company's share of the commission to the company. Any additional cruise group commission or amenities that can be taken as commission, free group cabins that can be taken as commission etc. will be counted as commission for commission split purposes. V. CLIENT PAYMENTS. Your client's credit card payments will be paid directly to the supplier by you, while your client's checks will be made out to you, the IVAR (except in
A confirmation form must be used on all packages. (available on-line once you sign up) This form has disclaimers that protect you and us and authorizes you to use the clients credit card for their trip. Only credit cards of people traveling can be used for payment. You keep the confirmation form unless there is a client dispute...then a copy is faxed to us. Client deposits or payments cannot be used for any purposes but payment to vendors. It is illegal to use client deposits or payments for any other purpose, such as operations, payment for other client travel or any other use. Commissions cannot be used by law until client vacation vouchers and or tickets are delivered to client. Any IVAR who uses client's monies for any other purpose will be immediately terminated and reported to the local Attorney General. We pride ourselves on running a very clean operation and want to make sure that when our licenses and contracts are used the client is handled with the utmost respect, care and can trust our entire team. We place all funds not yet delivered to suppliers in a trust account and are bonded. Plus we have a AAA Better Business Bureau rating. If your client does not go you will need to return the commission to him/her and submit a refund request for the principal amount to the supplier. VI. DEADLINES, CHANGES, CANCELLATIONS. All suppliers have cancellation, deadlines and change policies. IT IS THE IVAR'S RESPONSIBILITY TO MAKE SURE THAT YOU AND YOUR CLIENTS ARE AWARE OF SUPPLIER REFUND PENALTIES AND DEADLINES, if any. You give us the authority and the right to use any means to collect any and all penalties and cancellation fees incurred by you with the suppliers and not promptly settled. VII. ADDITIONAL CHARGES TO IVAR. Phone numbers to cruise lines, resorts and tours are all toll free. Other expenses, if any, incurred by the IVAR during the sale of the reservation will be the responsibility of the IVAR. Expenses incurred by Company on behalf of the IVAR, such as FedX or shipping charges and client cancellation processing fees, will be subtracted from IVAR commission. VIII. RENEWALS after one year are not automatic: A. Gross commissions over $5000 for the previous 12 months, fee is reduced to zero B. Gross commissions between $2,000 and $4,999 fee is reduced to $49.00 C. Gross commissions under $ $2000 yearly fee is $79 IX. WORKING RELATIONSHIP. The IVAR works on his or her own schedule at location of his or her choice and sets his or her hours. Furthermore, the IVAR is not required to work any particular number of hours, is not required to perform any specific duties anywhere and is not required to perform any work whatsoever at Company offices. It is totally up to the IVAR how he/she will work and when. As a self-employed independent contractor IVAR does not earn any vacation, sick pay or any other benefits. A 1099 will be issued where required. X. AGREEMENT CANCELLATION IN SPECIAL CASES. The agreement can be cancelled immediately by the agency without notice if the IVAR does not follow supplier regulations, state and or federal laws or if the IVAR misrepresents anything to the client, potential client or Company. This includes selling to friends at net cost and depriving Company of its portion of commission. IVAR assures Company that IVAR has never been convicted of any theft or felony crime, has not been fired from any position for theft or fraud, and is not under investigation by any taxing authority. IVAR grants the company permission to run credit and other checks on the IVAR . This is a position of trust where your potential clients will rely on your good judgment, help and honesty and they will entrust you with their funds. We will insist on very high ethical standards from our independent representatives. CONFIDENTIALITY. IVAR understands that any Company lists, passwords, agency codes and clients belong to the Company and any release or unauthorized use of that information is prohibited. The confidential ARC or IATAN code that will be disclosed to the IVAR is to be used only by the IVAR and cannot be used after termination of contract. This number cannot be disclosed to any other person except vendors. XI. LOGO and NAME. The FunCompanies name can be used with IVAR's business cards and other promotional literature providing the IVAR's name is identified in bigger letters. The IVAR has the permission to use the name during the duration of this agreement only in smaller type and only in this format: "FunCompanies independent agent.” The names are licensed to PowerBusiness Associates Inc. parent company of FunCompanies.com can be used only with written permission. Use of the logo and the name may be withdrawn at will by PowerBusiness Associates Inc. Your business card would have your name as your business. Your name has to be LARGER than our name. You can also put on your letterhead and business card the following: “Signature Travel Group member”. That is our consortium, known to all suppliers. You can put a generic web site www.travelmaker.com on your advertising if you do not have or want a custom website.
XII RESERVATION PROCESS. The IVAR will be supplied with 800 numbers to the cruise lines, tour companies or resorts and with a password to the web site with specials and promotions. The IVAR will call the supplier directly for pricing and availability. On preferred suppliers the IVAR will book directly with the supplier by providing our identification code and address. Once you become more experienced the Company may give IVARS access to direct inventory supplier links. IVAR will receive instruction link password after this agreement is accepted. The link will specify the various reservation tips and guidelines and give hints how to proceed. You will also receive a password to our Cooperative site where bulletins and specials are featured. XII. GENERAL PROVISIONS. Company will not be liable for any errors committed by the IVAR and shall not be liable to IVAR or to any third party for any acts of the IVAR. The IVAR does not and will not have authority to bind, commit or obligate Company and its partners, subsidiaries and parent company by any promise or commitment unless received specific expressed permission in writing. IVAR will pay immediately any and all penalties issued by suppliers on any bookings made by IVAR and will alert Company of any errors made by IVAR that may create future supplier penalties. In case the IVAR does not cover any penalty or client payment when due the IVAR authorizes Company to use below credit card or any and all means to collect those funds from the IVAR without having to go to court. IVAR will defend the Company in all cases arising from any and all IVAR actions. The laws of
PLEASE PRINT THIS AGREEMENT OUT, SIGN IT AND SEND (OR FAX IT) TO US WITH A CLEAR COPY OF YOUR DRIVER'S LICENSE. Original signature and proof of identity is required by ARC. I authorize the payment of $______________ for (please check one) Basic Package _____ Business in a Box ____ Credit card number _______________________________________________________Expiration date ___________ Security code _______ Address credit card bills go to: Street ____________________________________________ City __________________ State ___Zip ______ PLEASE PRINT NAME __________________________________ Signature _____________________________ Date _________________ For FunCompanies __________________ SIGNATURE __________________________ TITLE _________________________________ ©2000 -2008 PowerBusiness Associates Inc. |