Independent Travel Agent Contractor Agreement

As a Travelpreneur Dreams travel agent (“TDTA”), I am applying to become an independent travel agent (“ITA”) of Mommy and Wee Travels LLC (“MWTLLC”). I acknowledge and agree to the following after my application is accepted:

  1. Independent Contractor Agreement – As a TDTA Applicant, the following Independent Contractor Agreement (“Agreement”) is a separate legal document detailing your additional rights and obligations, provided that you are also registered, trained and certified (“Recognized” ) as the ITA of MWT LLC. It is not possible to be an ITA of MWT LLC, until you agree to the terms of use. Take the time to read and understand because it provides crucial information of you as an ITA. You should review the MWT LLC “policies, procedures, and guidelines contained on the Agent Portal and the TDTA website. This reflects MWT LLC’s current policies, procedures, and guidelines, so you may need to consider them. By accepting the terms of this Agreement, you are indicating that you agree to them. These guidelines, procedures and policies may need to be changed from time to time to respond to online technical and business needs. By accepting the Terms of Use of this Agreement, you agree that MWT LLC may change these guidelines, procedure and policies at any time and you will comply with them. Hence, you should check back to the latest version on a regular basis. If MWT LLC makes any material changes to this Agreement, we will send an online notification thirty days in advance. If you do not agree to the material changes, your only recourse is to return any “MWT LLC” materials sent to you and cancel your agreement (see termination and cancellation below). By agreeing to this, you confirm that you are 18 years of age or older.
  1. Entire Agreement: This agreement and the materials you have incorporated by reference constitute a complete agreement between you and “MWT LLC” on its subject matter. Unless you and “MWT LLC” formally sign a written agreement, you may not modify or amend this agreement verbally or in any other way.
  1. Severability: Where possible, each clause of this agreement will be interpreted in a valid and effective manner in accordance with applicable laws, or will be deemed to have been modified to meet the minimum requirements of such laws. If it is not modified for any reason, the prohibited or invalid clauses will not affect the validity of the rest of this agreement.
  1. Abuse Of Travel Industry Benefits: Agents please remember that Travel Agent Rates ARE EARNED AND NOT JUST GIVEN!!!! Abuse of Travel Agent Rates is real!

In order to be approved for your CLIA Card, you will have had to completed ALL OF YOUR ORIENTATION AND OR BE ACTIVELY BOOKING BEFORE YOUR CLIA CARD IS APPROVED. Even if you are a current Travelpreneur Dreams Agent. If you have not been booking clients (outside offering family and friends rates) and or have not completed you orientation YOUR CLIA CARD WILL NOT BE APPROVED UNTIL THIS IS COMPLETED.

With a bunch of abuse of our Travel Agent Rates, ESPECIALLY our Marriott Rates, we are having to monitor all agents, ESPECIALLY those that are abusing the system before these suppliers cut us off like they are cutting off other Host Agencies.

AS A HOST AGENCY WE WILL NOT TOLERATE ABUSE OF THE TRAVEL INDUSTRY BENEFITS OR ABUSE OF TRAVEL AGENT RATES. IF YOU ARE NOT BOOKING CLIENTS BUT ARE OVERLY USING TRAVEL AGENT RATES, WE WILL NOT ALLOW YOU TO RENEW YOUR TRAVEL AGENT MEMBERSHIP. THE OVERALL INTEGRITY OF OUR AGENCY TO THE INDUSTRY IS SO IMPORTANT TO US AND WE ARE CRACKING DOWN SO THAT OUR AGENCY DOESNT SUFFER LIKE MANY OF THESE OTHER HOST AGENCIES!

  • *For the current year, if you have been booking clients travel (atleast 2 client bookings for the year WITHOUT using a family and friends rate ect) and have completed all of your orientation as well as goal setting with the agency, you have probably already been approved for your CLIA Card
  • *If you have not been booking clients travel for the current year and or not completed your orientation thus NOT being signed off for orientation or goal setting by the agency, then your CLIA Card may be pending approval and has not been approved by us. If you are not sure or if your CLIA Card is still pending you probably still have training with us that needs to be completed. Schedule your session with us asap .

  1. Privacy: “MWT LLC” uses privacy protection control, security technology, and employee access restrictions to protect your private data. In addition, any company that has entered into a contract with MWT LLC to provide you with services, products or programs must adhere to a confidentiality agreement to ensure that your information is secure and safe. We strongly encourage our travel industry partners to publish their own privacy policies and establish a privacy control system in order to protect your confidential data. We will not disclose your credit card information, email address, phone number, username or social security number unless you authorize us to do so or you comply with valid legal procedures such as search warrants, subpoenas, or court orders. You can correct them at any time Your personal contact information and billing information.
  1. . Warranty: you expressly agree that your use of “MWT LLC” services and products is at your own risk. Third-party virus testing technology and the Internet are “auxiliary” and “available” for you to use, without explicit or implied warranties, unless legally excluded. “MWT LLC” offers services on a commercially reasonable basis, and does not guarantee that you will be able to access or use the services at the time or place you choose, or that “MWT LLC” will have sufficient capacity to provide the entire service or in any particular Geographical area.  The entire liability of “MWT LLC” and your exclusive remedy for any use of any software provided or used by “MWT LLC” shall be a replacement for any “MWT LLC” software, which is found to be at fault. Your sole and exclusive remedy for any dispute other than “MWT LLC”, excluding payment disputes, is the termination of this Agreement and your status as an ITA. , as detailed in the section of this Agreement titled “Termination and Cancellation”. Under no circumstances will “MWT LLC” be liable for any consequential or incidental damages resulting from your use of “MWT LLC” programs, products or services, the Internet or any other claim of any kind regarding your ITA status with “MWT LLC”. Certain jurisdictions or states do not allow the limitation or exclusion of liability for incidental or consequential damages. In these jurisdictions or states, the liability of “MWT LLC” should be limited to the extent permitted by law. “MWT LLC” does not warrant any services, products, or programs offered through “MWT LLC” and is the party overseeing transactions between you and third party vendors or other product providers. There is no responsibility to monitor this for missing or in any way.
  1. Termination and Cancellation: “MWT LLC” will not terminate this agreement within the annual period, unless there is a serious breach of the terms and conditions of this agreement, including a serious breach of the policies, procedures or guidelines of “MWT LLC”. In the event that you are found not to be a good fit as a Travel Agent for MAWT LLC, on or before annual renewal, MWT LLC will inform you personally of your termination before your account renews. As a Travel Agent, you can also cancel this agreement at any time to avoid renewal in your next annual billing cycle. You understand and agree that for any dispute or claim with “MWT LLC”, the cancellation of this agreement and your identity as an ITA are your only rights and remedies. Send Cancellation Notice to info@travelpreneurdreams.com or to Mommy and Wee Travels LLC DBA Travelpreneur Dreams 7901 4th St N, Suite 300, St. Petersburg, FL 33702 via US Mail. Materials issued by “MWT LLC” must be returned to “MWT LLC” to complete the cancellation. MWT LLC will use or attempt to use all types of “MWT LLC” materials, numeric codes or identifiers after receiving your revocation notice or after “MWT LLC” has received your revocation notice.  In the event of termination or cancellation of this Agreement, no refund of fees paid prior to the termination or cancellation time will be accepted. Any commissions payments received after termination or cancellation of the agents ITA membership will not be paid directly to the agent as they are no longer an ITA of “MWT LLC”. “MWTLLC” reserves the right to collect any fees, surcharges or expenses incurred prior to termination or cancellation. In addition, the customer is responsible for any charges incurred by the third-party vendor prior to cancellation or termination.

WASHINGTON STATE RESIDENTS ONLY:

Purchaser’s right to cancel: You can cancel this contract without paying any cancellation fees or other fines, or explain the reason for doing so, just send a cancellation notice by registered mail, request a receipt, and go to Mommy and Wee Travels DBA Travelpreneur Dreams at the address specified in the continuation. The notice must be sent at a later time before midnight on the seventh calendar day after the date you sign this contract or the date you receive the membership card and all membership information. The day the contract is signed is not counted as the “Gregorian calendar day”. If the seventh day of the Gregorian calendar is a Sunday or a legal holiday, the right to terminate this contract will terminate on that Sunday or the day after the legal holidays. To terminate this agreement, send a copy of the cancellation notice or other written cancellation notice to the following address: mommy and we travels llc dba travelpreneur dreams 7901 4th st n, suite 300, st. St. Petersburg, fl 33702. If this agreement is terminated or cancelled, the fees paid before the termination or cancellation will not be refunded. “MWT LLC” reserves the right to charge fees, surcharges or costs before termination or cancellation. Additionally, you are responsible for any charges incurred by the third-party vendor prior to cancellation or termination.

  1. Media or Government Inquiries: All inquiries for the media, government or regulatory agencies should be processed immediately by contacting the Customer Service Department of “MWT LLC”. This policy is to ensure that consistent and accurate information is communicated and that the public image of “MWT LLC” is maintained.
  1. Talent Release: You consent to “MWT LLC” your name, photo, rating, portrait, position, voice, voice, electricity, all movie footage, videotapes, audiotapes, “MWT LLC” program is a product, service, Or “MWT LLC” events, promotions and conventions generated in connection with advertising, publicity and publicity of opportunities. It is entirely your responsibility to notify the Customer Service Department of “MWT LLC” in writing if you decide to withhold personnel disclosure at any given time or in certain cases.
  1. Non US Residents/Citizens: If you are a resident and/or citizen of a country other than the United States, you understand foreign laws, taxes, duties, and other factors including, but not limited to, costs related to foreign shipping, handling, and exchange rates and order freight and Seasonal influences and origins/destinations can mitigate or eliminate the benefits of doing business with an ITA using the “MWTLLC” available to US residents and citizens.
  1. Confidential Information: “MWT LLC” may provide confidential information about the sales activities of “MWT LLC”. You agree that such information is the exclusive confidentiality of “MWT LLC” and will be sent to you in a strictly confidential manner. You also agree that you are not using the information directly or indirectly to compete with “MWT LLC”, which does not disclose such information directly or indirectly to third parties. You also agree that the above confidential information will not be provided without this confidential and private consent. You also agree that such Confidential Information is a trade secret of MWT LLC’s work products and may not be used for any purpose other than MWT LLC.
  1. Username and Password: You must use your username and password to access the secure “Agent Only” section of the TDTA website as an official ITA of “MWT LLC”. You agree not to disclose your username and password to anyone except “MWT LLC” or TDTA. You are responsible for all charges resulting from your use of your username and password.
  1. Disputes: The laws of the State of Florida (excluding its conflicts of laws) govern this agreement. You expressly agree that the exclusive jurisdiction of any claim or dispute with “MWT LLC” belongs to the Florida courts, and you further accept and expressly agree to exercise personal jurisdiction on any such matters in the courts located in Pinellas County, Florida. Court claims or disputes, including any claims or disputes involving “MWT LLC” or any of its content providers, telecommunication providers, directors, contractors, employees, subsidiaries and affiliates.

Information for California Residents: In accordance with California Civil Code Section 1789.3, California residents have the right to obtain the following specific information on consumer rights: service providers. The name, address, and phone number of the service provider are:

Mommy and Wee Travels LLC DBA Travelpreneur Dreams 

7901 4th St N, Suite 300, 

St. Petersburg, FL 33702

(813) 461-3592

Pricing Information. The current fees charged by “MWT LLC” can be found on the TDTA at www.travelpreneurdreams.com and on the “MWT LLC” website. “MWT LLC” reserves the right to change the certification fee / annual access fee at any time by giving notice thirty days in advance as set forth in this Agreement.

Complaints. To resolve any complaints about the “MWTLLC” service, or to receive more information about your use of services other than those available on the website of “MWT LLC’, please send an e-mail to info@mommyandweetravels.com or info@travelpreneurdrems.com California. The Complaints Assistance Unit of the Consumer Services Division of the Office of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by phone 19164451254.

  1. Liability: MWT LLC and you are not responsible for the debt, account, obligations, torts, or other liability of the other party, except as otherwise provided in this Agreement, and also to the other party’s agents or employees. You must indemnify “MWT LLC” and protect “MWT LLC” from each and every one of the liabilities that may be caused or assumed by the violation of the express provisions of this agreement.
  1. Use of Logos, Domain Names, Trade and Service Names, Service Marks and Trademarks: 

Except as provided in this Agreement, do not use TDTA or “MWTLLC” logos, domain names, trade names, service marks, trademarks, or any other registered or copyright material of “MWTLLC” solely or in part, whether used or not. . Any name or other material may be used without the prior written permission of “MWTLLC” upon specific prior written request. No registration or reservation of any such mark, name or logo is permitted under any circumstances, whether or not such reservation or registration is by way of a government. This restriction involves email addresses or parts thereof, organization names or brands, including, but not limited to, the names and brands of companies and limited liability companies, names user social networks, accounts, etc. Registration of all domain names that violate this prohibition must be made prior to “MWT LLC”’s request.

  1. Independent Contractor: You must be an independent contractor, not a staff member of “MWT LLC”. You are accountable for contributions, premiums, fees, taxes and other payments incurred due to your income and your activities under this agreement. All applicants applying for certification must submit their social security number or employer identification number to “MWT LLC” (if applicable) for tax purposes. If the income in a calendar year exceeds $ 600.00, “MWT LLC” will file IRS Form 1099, Miscellaneous Income with the IRS. You are not eligible for any employee benefit plan under this agreement, including, but not limited to, death benefits, health care, retirement, disability compensation, unemployment, or any type of vacation. You must comply with all laws governing the operation of an independent business that is responsible for obtaining business or other permits required by public or law authorities.
  1. Acceptance and Term: This Agreement shall be binding upon “MWTLLC” receipt of Customer’s consent and certification fee. It is assumed to be valid for one year. “MWT LLC” is not obliged to renew unless you have notified before the end of the annual period that you do not want to be part of “MWT LLC”, if you do not renew this Agreement, you will be notified before the end of the annual period. If you comply with the contract to renew it, it will be automatically renewed every year thereafter. Upon automatic renewal, MWT LLC authorizes your designated credit card to continue to charge an annual access / authentication fee.
  1. Compensation and Other Benefits: As an ITA of “MWT LLC”, what we will pay you is not salary, but commissions related to travel sales booked through the “MWT LLC” website. Commissions paid by travel suppliers are only reserved for active an ITA of “MWT LLC” . Unless otherwise stated by “MWT LLC”, travel commission checks with an amount less than US$50 (<US$50.00) will not be generated. If you are eligible for a commission check of less than US$50 (<US$50.00), the amount will be credited to your commission account until the first payment period reaches a minimum total of US$50 (US$50.00). “MWT LLC” will not replace a lost check after one (1) year from the date of issuance, and “MWT LLC” cannot investigate or claim unpaid commissions from the travel provider after two (2) years from the travel start date. “MWT LLC” has the right to offset and recover any unpaid overdue fees we may owe you or commissions for other fees you may owe “MWT LLC”. As ITA endorsed by “MWT LLC”, you may be permitted to use business cards and other formal representations of your relationship with “MWT LLC” as an independent travel agent. These materials are not transferable and are only used to confirm your identity as an independent travel agent of “MWT LLC” to providers of travel products and services, and may not be used for other purposes. Any unauthorized copying or use is strictly prohibited, such as copying on websites or printed materials. The “MWT LLC” travel agency digital code is the exclusive and non-transferable property right of “MWT LLC”, may only be used under the circumstances specifically authorized by “MWT LLC” in their training materials, and cannot be used for other purposes. Unauthorized copying or use of “MWT LLC” proxy code is strictly prohibited. You might get negotiated prices and special travel opportunities exclusively for “MWT LLC. You acknowledge that the benefits provided by travel vendors to the travel agency community are discretionary, and by accepting the terms and conditions of this agreement, you make sure that you do not apply for certification to ITA just to receive these benefits.
  1. Training: By submitting that you accept the terms and conditions of this agreement, you agree that you properly understand this agreement, the “MWT LLC” website, understand that you will have to complete all ITA training to learn how to properly book clients as an ITA and that you will abide by both booking minimums as well as “MWT LLC” terms.
  1. Independent sales: As the ITA of “MWT LLC”, you agree to sell and promote travel services and products through “MWT LLC” and follow the terms of the “MWT LLC” guidelines, procedures and policies mentioned in TDTA website. In accordance with these policies, procedures and guidelines, you must be authorized to identify yourself as an “independent travel agency” through “MWT LLC”, but you do not have the right to use the service name or logo of “MWT LLC” from other forms like the service name or trademark of any third-party provider associated with “MWT LLC” or any other promotional materials without the prior written approval of “MWT LLC”. Unless otherwise noted, all agreements granted by “MWT LLC” may be canceled with reasonable notice at the willingness of “MWT LLC”. You are free to promote the trip you want, including choosing your own schedule and methods, as long as you act in a professional manner, handle clients personal payment information properly and are in the best interests of the tourism and travel industry, and portray your identity in all written correspondence and all oral communications as an “independent travel agent”. “MWT LLC” will not tolerate any unethical activity and behavior. If such behavior or activity is discovered, disciplinary and mediation measures may be taken. MWT LLC reserves the right to use discretion and judgment in deciding if the activities or actions of ITA are unethical. Any act that loses the business rights or reputation of “MWT LLC” or its ITA or harms the business of “MWT LLC” is considered unethical business practice and may result in termination, suspension. “MWT LLC” reserves all rights to seek all equitable and legal remedies provided by applicable laws, including criminal and civil prosecutions and cooperation with all regulatory and governmental agencies with effective jurisdiction. The following is an illustrative but not exhaustive list of specific violations of “MWT LLC” guidelines, procedures and / or policies that may result in disciplinary action (including immediate termination): 

a. Claims regarding unauthorized income, procedures, products or services of “MWT LLC”.

b. Unprofessional, hostile or fraudulent acts against employees of MWT LLC travel providers, certification applicants, other ITAs, independent contractors or other members of the tourism industry. 

c. Fraudulent or non-professional behavior with customers. 

d. All illegal activities.

e. Accepting travel purchase money/payments in the name of yourself or any business or fictitious you use, allowing or requiring customers to pay or send commissions directly to your account, thereby bypassing or attempting to circumvent “MWTLLC” rules and regulation or booking at a “Net Rate” that violates “MWT LLC” guidelines, procedures and policies.

You agree not to accept payments for travel purchases in your own business or any fictitious name you use. The purchase amount of the trip must be made directly to the purchase travel airline, car rental company, hotel, or other travel seller. Purchases can be made using the website of “MWT LLC”, directly on the website of the travel seller, or through the reservation call center. All client payments must be collected directly through our CRM TravelJoy (customer relationship management system) and by no other means. It is strictly forbidden to accept payment for travel purchases in your own name or any business you use. It is strictly prohibited to authorize or require any travel seller to directly pay or send commissions or book any travel purchase at a “net rate” (deduct commission from the purchase price), thus omitting “MWT LLC” and will be subject to disciplinary action, and assume any commission that should be attributed to “MWT LLC”. MWT LLC will support your sales travel efforts by providing you with training, promotional materials, support and training services as described in its website.You agree that you will not sell, promote, advertise, and display services, products, programs, business opportunities provided by “MWT LLC”, the preferred travel provider of “MWT LLC” or TDTA, commercial presentations of “MWT LLC”. Any business opportunities, programs, products or services, trade shows or events (if applicable), and you further agree not to use “MWT LLC” contacts to do so. You also agree not to use promotional materials other than those provided by “MWTLLC”. “MWTLLC” is the preferred travel provider or TDTAI unless specifically authorized in writing by “MWTLLC” in advance “or TDTA (if applicable). All “MWT LLC” promotional materials whether in internet, video, audio, print or other format, may be reproduced and copyrighted in part or whole by customers, except with prior written permission. Only special circumstances will allow the reproduction of any material to be considered. So you shouldn’t expect approval to be given. You may not sell, use, create, or otherwise distribute any written information, sound or video recordings about the content nature or properties of MWTLLC’s programs, products or services “. This restriction is not only limited to video, audio internet or print media. You cannot charge others for using or accessing “MWT LLC” services, products or programs. All materials published by “MWT LLC” are the property of “MWT LLC” and must be returned at the request.

  1. Fees and billing: For most payment plans, we will charge a fee from the credit card you specify. By giving authorization and your credit card information to “MWT LLC” and accepting the terms and conditions of this agreement, you authorize “MWT LLC” to charge your credit card the corresponding verification fee (“Fee Verification”) and fees to visit the home-based plan every year “MWT LLC`s”. In addition, you agree that “MWT LLC” is entitled to collect any overdue and unpaid authentication fees, annual access fees, and other fees and charges that you owe us from your designated credit card. It is your responsibility to provide “MWT LLC” with most recent designated credit card information, such as a new credit card number and a new expiration date, at least five (5) business days prior to the next regular annual fee collection Furthermore, you are also responsible for promptly updating all of your contact information to “MWT LLC,” including any changes to your email address, fax number, telephone, postal or physical address, and name. You agree that if the credit card does not accept authorization charges for any reason, or is canceled or terminated, any outstanding balance from “MWT LLC” will be charged and paid. “MWTLLC” values ​​an extra 1.5 percent (1.5 percent) on balances that are overdue for more than 30 days, on the low side, but the highest one-month late fee allowed by law. This late fee will also be charged at the time of evaluation. You are accountable for all fees and costs that “MWT LLC” may incur from you in your efforts to collect the remaining balance, including legal fees, collection and attorney’s fees. You must contact us within 90 days after any billing issues or inconsistencies occur. If you do not notify us of these issues within 90 days, you agree to waive your right to notify us of such issues or inconsistencies or to challenge your claim. MWT LLC may change billing and fees methods at any time and will notify you of such changes at least thirty days in advance as mentioned above. If you do not accepts the modifications in fee and billing method, you can return the issued “MWT LLC” materials and cancel the contract, but the “MWTLLC” annual license fee or the remainder of the year will not be refunded. “MWT LLC” provides your ITA information with a large number of third-party providers. Other fees and obligations incurred in dealing with these third party vendors are your responsibility and are not part of the annual certification fee or annual access fee. Notwithstanding anything to the contrary in this Agreement, “MWT LLC” shall have no obligation to provide access to its home-based program or services to any ITA for which “MWT LLC” has not received dues, receipt and annual subscription fee, if applicable. 
  2. Assignment: You cannot assign this agreement. This agreement does not constitute the sale of franchise rights or distribution rights or membership of “MWT LLC”. Your signature on this agreement indicates that you accept this agreement and bind you to abide by its terms and conditions. “MWT LLC” reserves the right to transfer your rights and interests in this agreement to another party.