15325 Chinaberry Street, North Potomac, MD 20878
Phone: (301)990-9768 | Fax: (301)990-2629
MEMBERS OF IATAN / CLIA / AgentSupport@TA4Life.com
Independent Contractor Agreement / Terms and Conditions
This agreement and acceptance of terms and conditions are between Cruisingagents.com, dba TA4life, a host travel agency, herein referred to as “TA44Life” and the independent contractor, herein referred to as “IC”.
The “IC” does not wish to be an employee of TA4life, whereby they must follow the rules governing employees of TA4Life. The IC understands that they are entering an Independent Contractor relationship selling travel through TA4’s suppliers/vendors. Whereas, “TA4life” is desirous of increasing profits by selling travel to markets and clients, that are not currently available to TA4.
Therefore, in consideration of the foregoing and the following terms and conditions, TA4life and Independent Contractor (IC) agree:
- IC Agreement: The IC may apply for affiliation with TA4life by submitting the application and payment. Submitting application and payment indicates your agreement with and acceptance of these Terms and Conditions. TA4life reserved the right to amend this agreement at will and without notice. TA4life may amend the Terms and Conditions at any time by posting the amendments on TA4life’s agent website, www.MYTA4life.com. All amendments shall automatically be effective upon the effective date specified on www.MYTA4life.com.
- IC Approval by TA4 as an IC: You will become an active IC immediately upon TA4life ‘s receipt and collections of funds and application. Your affiliation will be effective immediately based on the program and commission level you chose. TA4life has the right to unilaterally cancel and terminate this agreement without notice.
- IC Duties: As an IC, you shall support the travel industry and TA4life by promoting, generating and creating travel sales for the duration of your Affiliation, you must act according to the professional standards of the travel and tourism industry and TA4life. You acknowledge and understand that TA4life has provided the IATAN/CLIA # for the sole purpose of booking travel with TA4life Travel Suppliers. The IATAN/CLIA # is to be provided to these Suppliers for the purpose of issuing commission payments directly to TA4life. IC’s are not to use IATAN/CLIA # for the purpose of booking travel in which the Travel Supplier deducts any payment of commission due and payable to TA4life, or providing the IC with a rate net of commission. Any deviation from this policy could result in your Affiliation being terminated. If less than gross is paid, the IC is responsible to TA4life for balance owed to gross. TA4life has the right to use the agents credit card on file to collect the difference between amounts paid and total gross payment (gross payment=Net total + commission + fees and Taxes). It’s the IC’s understanding that they are responsible for any shortage less than gross payment and that TA4life will use the credit card that IC used to sign up with TA4life to satisfy this amount. (see section 18)
- IC’s Right to Control their business: TA4life will not furnish leads to IC, but will help IC build IC’s business. IC must represent to the general public that IC owns their travel business and not an owner or employee of TA4life. IC is not restricted to any specific territory. TA4life recognizes that IC’s have specific and unique skills necessary to run their travel business, TA4life offers no supervision of any type to IC but has limited support for questions. The IC determines IC’s place of work, time schedule, rules of work, quality of work, and controls collection of client funds. No oral or written reports will be required from IC at any time except for the following commission, booking forms, reservation update and modifications, insurance updates, cancellations etc. Attendance is not mandatory for any training, function or meeting.
- IC’s Own Business: IC agrees to operate IC’s own business and set IC’s own hours of operation over which TA4life has no control. IC shall bear all risks financially for IC’s advertising, promotions, Google Adword campaign, delivery, premium mail services, client gifts, print costs, business cards, letterheads, invoices, office supplies, charity contributions, auto expense, legal fees, accounting fees, bad debts, mistakes in tickets or documents, quotes or collections, client deposits up front, business travel expense, medical and hospital insurance, dues and subscriptions, auto and personal liability insurance, business insurance, state and federal income taxes, payroll taxes. Also, if IC chooses to hire an employees, IC is responsible for FICA, SDI, unemployment tax, and workmen’s compensation insurance and hold TA4life harmless from any of the mentioned expenses. It is the sole responsibility of the IC to pay for repairs of personal property used for business purposes (e.g. personal computers, printers, calculators, etc.). IC shall obtain any necessary business license if required, Employee Identification Numbers and withhold properly for any of its employees, holding TA4life harmless from those expense. IC agrees to follow the rules and laws of outside agencies governing the travel industry. IC indemnifies TA4life from any such obligation arising from IC’s violations of any governing body. IC is at least eighteen (18) years of age; you will notify of TA4life of any change of information (including credit card information) as soon as practicable after such change.
IC acknowledges, they have not become an IC solely to obtain benefits that may be offered by travel and tourism suppliers to the travel agency community or TA4life, such as Special “Industry or Travel Agent Only Pricing” that requires such IC to hold a personal CLIA or IATA Card in their name. These cards can only be earned or issued to agents who have hit specific levels of sales listed below. IC agrees to abide by rules and regulations that are set by suppliers. Supplier means any entity offering travel and/or travel related products for resale to the public by an accredited agent or agency. Suppliers include, but are not limited to Land, Tour Operators, Airlines, Hotels, Cruise Lines, Rental Cars and Insurance Companies. IC agrees to never violate these rules and/or regulations. Should IC violate any rule or regulation that results in a financial loss to TA4life, IC agrees to reimburse TA4life within one (1) business day of the demand for reimbursement by the supplier. (see section 18)
- TA4 Liability to IC Client: TA4 neither assumes nor accepts any liability to any IC client.
- IC Right to Price: IC has the right to sell any travel at any price, the IC shares in the profit of the difference between net costs and selling price of the bookings with TA4. All bookings must be made to full gross or more. If IC charges more than gross, the difference between what was paid/charged to the client, and the gross charges, will be considered commission. The cost of discounting is the sole responsibility of the IC and must be paid for by IC. The IC must pay the discount directly to the client. IC is to never pay anything less than gross amount. The TA4life is never responsible for any type of discounting from the original gross price due. The only way this policy can be altered, is by the consent of TA4. All of IC’s activity must conform to all federal, state and local laws and statutes as well as supplier requirements, regulations and policies.
- IC’s Liabilities / No Employee Relationship: TA4life has no obligation or right to correct improperly handled orders by IC. IC is solely responsible for any misquotes or any monies due IC’s clients due to IC error. IC is not an employee. IC is not an agent of TA4life. Quotations, pricing, disclosed or undisclosed defaults, supplier bankruptcies and correct information for clients are the sole responsibility of IC. TA4life never has any responsibility over IC actions.
- IC’s Use of TA4life Name and Identification Numbers: IC agrees to never use TA4life s name or CLIA, IATAN, CST # or any other identification number for any reason or with any supplier without TA4life ‘s knowledge and consent.
- Proprietary Information: While associated with TA4life, as an IC you have access to extremely confidential proprietary information. This information is typically, but not limited to, special pricing/commission programs from our vendors, agent website information, marketing programs and business strategies that are unique to TA4life. These programs are for the IC for assisting in furthering IC travel business while affiliated with TA4life. Under NO circumstances can this information be shared with any travel provider (supplier or agency) or outside entity without written consent from two of the three owners. IC understands that the release of such information can greatly harm our agency. TA4Life retains the right to protect such proprietary/agency information with civil litigation if necessary. IC agrees to cease the use of said numbers and programs upon termination of TA4life affiliation and agrees to not represent him/her self as an IC of TA4life.
- Commissions paid on the 15th of Each Month- IC’s commissions will be direct deposited. Commission payments are paid out on the 15th of each month. The commission schedule is based on a monthly cycle. Any booking that returns within a calendar month will be paid on the 15th of the next month. IC can request a paper check be sent, an administration fee of $5.00 per check is included. Commission will be paid to IC provided the supplier has paid TA4life the full commission. TA4Life reserve the right to wait for payment from vendor before making payment on commission to IC. In the case of any discrepancy in commission, IC must be report to TA4life the discrepancy within 30 days from date commission sent. Circumstances may arise beyond TA4life’s control that may effect the timing and payment of commission, in which case the check will be sent as soon as possible.
- Accounts Receivable: It is IC’s sole responsibility to collect funds from their clients, that is due to the Supplier or TA4Life. If money cannot be collected by IC, then IC must pay the bill personally. Payment must be collected and paid to TA4Life within two (2) days of TA4Life demand. IC will not receive credit for the sale until full gross payment is collected. If there is a dispute, IC authorizes TA4Life to bill the IC credit card on file to complete the booking. (Please section see
- Commission Receivable: In the event that TA4life is unable to collect outstanding commissions due from a supplier through normal channels, it is the IC’s responsibility to collect commission and payments receivable from suppliers made payable to TA4Life. Under no circumstances will TA4Life be held responsible or be expected pay commission prior to receiving such commissions form vendor.
- Credit Card Transaction Liability: If IC’s client uses a credit card, IC is responsible for all cardholder signatures and authorization for payments. IC is responsible for all payments on disputed, declined or fraudulent charges within 5 days of notice of such disputed transaction. If IC’s client disputes any booking made by client’s credit card, it will be IC responsibility to compensate any loss to supplier or TA4life. (see section 18)
- Payment Authorization: IC authorize TA4life to collect payment of IC fees or charges, by automatically charging any billing vehicle TA4Life has on file for IC. For any amount owed to TA4Life, TA4Life reserves the right to (1) assess late fees and penalties for past due balances to the maximum extent allowed by law, (2) process the balance due and all associated late fees and penalties (for past due amounts) on any billing vehicle that TA4Life has on file for IC, (3) offset the balance due plus any late fees and penalties against any type of Commissions payable to TA4Life, and (4) hold any documents that TA4Life may have in its possession until the balance due and all associated late fees and penalties (for past due amounts) are remitted. (5) If funds are due to a supplier on behalf of IC client, IC authorizes TA4Life to charge IC credit card on file; There might be advertising and other programs (Google, Facebook, etc.) where if IC participates, TA4Life has authority to use IC credit card for agreed upon purpose. IC must keep a current credit card on file at all times.
- Payments Not Collected: If TA4Life is unable to collect the full amount of any payment due to TA4Life or supplier the IC’s credit card on file will be charged to pay full gross amount on reservation. The IC understands and authorizes TA4life, the right to receive attorney fees and court cost, and other fees associated with collecting the money owed to TA4Life by the IC.
- Use of the TA4 logo: You may use the TA4Life logo, in the normal course of business; otherwise IC needs permission from TA4Life for use of logo.
- Advertising: TA4Life has no right to control IC’s advertising in yellow pages, local directories, mailing programs, or other promotional activities; except when TA4Life s logo, name or license number is used in the advertising, in which case, TA4Life needs to provide authorization in advance of such use. IC is free to seek and solicit clients from the general public.
- E&O Insurance and Claim Information: TA4Life does not provide IC with Workman’s Compensation Insurance, State Disability Insurance, Auto or any form of liability insurance, because IC is outside the scope of such employee benefits. IC agrees to hold harmless and indemnify TA4Life against any claim for injury that may occur to TA4Life in performance of IC’s duties.
IC’s are required to hold E and O coverage. TA4Life offers a discount plan for our agents at a cost of $50 a year. The IC is covered for the initial 12 months included in the original sign-up. After (1) year the IC must provide proof of 3rd party E&O insurance or the E and O insurance cost which will be automatically run on the credit card on file for $50. If your card is decline, the $50 will come out of first commission, after money is due. Your ability to book travel will not be effected because of late or non payment.
- IC Client Confidentiality: TA4life will hold current IC client names in strict confidence and will not solicit current IC’s clients. TA4Life respects all relationships developed by current IC’s for the purpose of growing the IC’s Client base.
- Marketing Support: Turnkey marketing programs will be made available to IC. It is the responsibility of the IC to determine if IC elects to participate or not. If IC decides to participate in any marketing programs including but not limited to Google Adwords, Tripology etc. the IC agrees to all such rules of such programs. IC also agrees to all fees and to make current any costs occurring in such program. In particular, if IC opts into the Google Adwords Lead campaign they understand that TA4Life will use their personal and payment information on file to open such account for IC. The IC is responsible for adding any further funds to their account and TA4Life will not be responsible for adding or use your payment information for any other use without the IC’s written consent.
- IC Obtaining IATAN, CLIA and all Travel Industry Identification Card: Due to new regulations regarding “CARD MILLING” by cruise and travel vendors, we have been asked to put into effect a plan that defines our agents’ ability to receive a Travel Agent cards (ie: CLIA and IATAN cards). Recently, several major travel agencies (YTB, JOYSTAR etc.) have been deemed “Card Mill Agencies” for issuing Travel Agent cards to agents that have not hit specific requirements. Several travel agencies have lost their license to sell Carnival, Royal, Celebrity, Princess, Disney and other major vendors. These cards are only issued to professional agents who have reached specific levels of selling and earing commission. It has been called “unfair and problematic” for travel agencies to give out these ID card to agents who have just entered the travel field and have not met certain criteria. Click this link for more specific requirements.
- Travel Agent rates: An IC is strictly prohibited from booking any type of travel at a reduced or travel agent rates for themselves or others. If the IC books a reduced or Travel agent rate, IC acknowledges the following could/would happen; (1) The IC and TA4Life relationship could be terminated (2) The IC travel reservation could be canceled, which could result in 100% penalty and loss of all money (3) After or prior to travel, IC could pay the full current gross price to the vendor or TA4Life. (4) A $500 penalty per person could be charged as an agency penalty fee, regardless of when agency becomes aware of the IC booking. (5) You will be asked at time of travel departure or check in for such documents and made to pay full current gross pricing at that time. The IC understand that the credit card they have on file, is authorized to be used for any of the above 1-5 transactions (see section 18 on payment authorization). Again, we take these steps to protect our agency, agents, IC’s and clients from any harm or penalty.
- Tour Conductor: At times vendor/suppliers could give a bonus or commission for a certain amount of cabins or rooms booked in a group. They are commonly referred to as TC. This TC is controlled by the supplier/vendors policies. The agent will be entitled to 50% of the TC if they meet the vendors/suppliers requirements in full. If IC does not meet the full required amount of booking to receive a TC, they will not be allowed any of the TC funds. If the IC satisfies the required amount of bookings and the TC is given to the TA4life, the IC will have a choice to do the following with the TC: (1) Apply the TC to their own IC room/cabin, if they a traveling. (2) Apply the TC to the group leader. (3) The IC can also decide to keep TC as commission. The IC and TA4Life will split TC commission based on the IC commission structure.
- Referral fee: If an IC refers a person to TA4life, and the person becomes an IC by signing up under the Casual program or Pro program, at full cost, the IC will receive $100 referral fee. TA4Life is not a MLM and does not set up sub accounts or multi level payment programs. There is no limit on the number of referrals an IC can sign up.
- Election of TA4Life program level, commissions and cost: IC has a choice of being an affiliate under two different programs offered by TA4life:Election of TA4Life program level, commissions and cost: IC has a choice of being an affiliate under two different programs offered by TA4life:
||CAUSAL program in which IC receive 50% of all commissions earned and paid to TA4life. No further upfront fee’s are required to maintain your ability to book travel. This program is a lifetime program.
||The PRO Program, IC receives a higher 80% of all commissions earned and paid to TA4life. The IC is responsible for such monthly or annual fee’s associated with the Pro Level program. The IC understands that the monthly fees due under the PRO program is a year (12 months) obligation from the date they enrolled in the program. This program is renewal at the end of the 12 months payments.
The program the IC signed up and paid for, will determine which commission level they will receive. Further costs may be associated with E&O insurance. If the PRO programs misses a monthly payment, their program will revert to CAUSAL program, dropping commission 50%. The IC will still be responsible for paying the 12 monthly fee that they originally sign up for. See below.
- Agent Program changes: If an IC wants to upgrade from our Casual level program to the Pro level program. The IC must pay current full price for the Pro Level program, regardless of how long they have been an IC.
EXCEPTION: An IC that has been signed up less than 72 hours, from the time the IC has been approved for the Causal program. In this case the IC will only need to pay the current price difference between the Casual Level and Professional Level. IC’s who signs-up under the Pro level acknowledge that will maintain that level and its payment requirements for 12 months after sign up. The IC acknowledges that all fees and commission structures will stay the same for that period of 12 months. If the IC would like to switch to the Casual Level after the initial 12 months all commission, any fees and support will reflect the new Program level at no extra cost.
- Booking Procedures: All initial deposits for cruise, hotel, car rentals and Travel Insurance should be made with the “Travel Pipeline”booking engine on your MYTA4Life website. If you do not make the booking through the “Travel Pipeline”, the IC is required to submit a booking form located on the agents website (login at www.MYTA4Life/yourname.com. If you book land packages, tours, not associated with your “Travel Pipeline” you must immediately submit a booking form. If IC is required to, and if they do not submit a booking form within 7 days of the initial deposit a $5 fee will be imposed. If no booking form is received by time final payment is made a $25 admin fee will be accessed. As mentioned above, paying full gross payment is extremely important to protect our agency and IC’s future ability to book travel. If IC does not pay the full gross amount at time of final payment TA4Life may take several actions and impose further fees to the IC to insure full gross payment is made immediately. This includes a $50 admin fee for first 2 occurrences where the IC pays less then the full gross amount. If the situation continues the IC acknowledges that they may be charged a $150 fee per booking and the relationship maybe terminated.
- Administration and Support fees: TA4Life will make every attempt not impose any fees or extra costs to our agents. We have developed a very user friendly and simply system to book travel. In order to give you the level and support we like to give its important that all standard operating procedures are followed. This will cut down on our administration costs and thus allows us to pay and give higher support levels. The only time we may charge a fee or penalty if it requires extra work from our support team. We don’t charge for little incidental issues but reserve the right to impose fee when needed. As you can see our fees are not meant to harm the agent ability to earn commission are meant to offset the time we may need to assist an IC or their booking.
- Supplier Commissions: IC is entitled to the benefits and extra commission incentives made available to IC by the supplier directly. This extra commission will be split with TA4life at the normal program level.
- Soliciting Agents: Current ICs or IC no longer affiliated with TA4life, are prohibited to contact other TA4life’s IC to solicit their services without the consent of the TA4life owners. IC understands soliciting of TA4Life’s IC could greatly injure TA4life. TA4Life retains the right to protect such proprietary/agency information with civil litigation lawsuits if necessary.
- Termination of IC Affiliation: In the event that you fail to comply with this Agreement, TA4life may immediately terminate this agreement and your membership as an agent. IC agrees to cease the use of said numbers and programs upon termination of TA4life affiliation and agrees to not represent him/her self as an IC of TA4Life.
- Effect of Termination on Compensation: In the event of the termination of this agreement by either party, all deposited travel will remain with TA4life. The transfer of any booking will include a transfer fee that is the higher amount of either $150 or the original commission amount owed. IC shall not be entitled to further compensation as of the date of termination, except for what is pre booked and any earned commissions prior to termination. TA4life reserves the right to hold back commissions payments for up to 6 months against future debit memos and/or charge backs. IC acknowledges that TA4Life may contact clients for payments, information and travel related or future travel questions.
- IC Indemnify TA4life: You shall indemnify and hold TA4life and TA4life’s employees, contractors, officers, directors, shareholders, IC’s and/or affiliates harmless from and against any and all claims suffered by TA4Life arising out of (1) any violation of law, rule or supplier regulation by IC, (2) fraud, misrepresentation, willful misconduct or gross negligence on the part of you, (3) any violation of this Agreement by IC, (4) 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 IC by TA4Life.
- 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. TA4life has no responsibility to IC, on behalf of third parties.
- Certain Provisions Survive Termination, Cancellation or Expiration of Your Affiliation: All covenants, agreements, representations and warranties made in this agreement shall survive the termination, cancellation or expiration of your Affiliation.
- TA4 Right to Change: TA4Life reserves the right to modify any portion of this Agreement at any time with or without the consent of IC. TA4Life s Commission/Fee Schedule is posted on www.myTA4life.com, or a copy may be obtained by calling TA4Life. The Commission/Fee Schedule may be amended from time to time at the sole discretion of TA4Life. If TA4Life does change any part of this Agreement in the future, this signed Agreement will honor any bookings in progress. Upon any change, IC retains the right to continue to do business with TA4Life or not.
- Arbitration: Any dispute between IC and TA4Life concerning the terms and conditions of this agreement shall be submitted to binding arbitration pursuant to the laws of the state of Maryland.
- Attorney’s Fees and Costs: If any action of law or in equity is necessary to enforce or interpret the terms of this Agreement, TA4Life shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any relief to which he may be entitled.
- Law Governing Agreement: This agreement shall be governed and construed in accordance with the laws of Maryland.
- Code of Ethics Violations: I hereby specifically authorize TA4life to advise other members of the Industry when I have violated any travel industry rules or engaged in any illegal activity. I understand this information may be disseminated to other Travel Industry members in writing or verbally and consent to either communication.
If You Have Questions
Attention: Mark Jacobs
15325 Chinaberry St
North Potomac, MD 20878