I. Term of Agreement. Best Day Ever Vacations hereby makes available to Independent Contractor the business opportunity to act as an independent Travel Agent for Best Day Ever Vacations, and Independent Contractor agrees to act in
this capacity for a period of twelve (12) months from the date above (“Term”).
Upon expiration of the initial Term or any renewal term, this Agreement shall
automatically renew for an additional twelve-month term. However, this contract
may be terminated by either party for any reason whatsoever upon thirty (30)
days’ prior written notice to the other party.
II. Independent Contractor Duties. Independent Contractor is a self-employed individual or entity who agrees to sell Travel and Travel services. Independent
Contractor shall be solely responsible for their success as an independent Travel
Agent. Best Day Ever Vacations makes no promises and warrants no outcomes
from becoming an independent Travel Agent with Best Day Ever Vacations. Best
Day Ever Vacations shall provide Independent Contractor with the tools and
resources to grow an independent Travel Agent business, but ultimately it is up to
Independent Contractor to market, build relationships, and grow their business
with their own efforts. Independent Contractor will not receive any leads from
Best Day Ever Vacations unless they purchased a Fast Track Concierge
Membership; otherwise, all business generation will come solely from
Independent Contractor. Independent Contractor shall be the sole operator under
their membership with Best Day Ever Vacations. Independent Contractor shall
not engage any other individuals to assist them in their duties. If Independent
Contractor desires to add another person under their membership, they can only
do so with the express, written consent of Best Day Ever Vacations in advance of
such hiring or collaboration. If Best Day Ever Vacations provides such express
written consent, Independent Contractor is required to create a limited liability
company or corporation and acquire and pay for Travel Agent Liability Insurancewith a minimum aggregate of $1 million in coverage. Evidence of the business
filing in the form of a certificate of good standing with the respective state
and the certificate of insurance must be provided to Best Day Ever Vacations at
the commencement of any duties being performed by any individual other than
Independent Contractor.
III. Independent Contractor Fees and Renewal Terms
There are no refunds for purchases of either membershop
To maintain active status as an Independent Contractor Travel Agent with Best
Day Ever Vacations, the Independent Contractor agrees to remit an annual fee of
$297 (the “Independent Contractor Fee”) for the Classic Agent Membership.
Payment shall be made via credit card or other payment method as mutually
agreed upon by the parties. The Independent Contractor Fee is subject to
automatic renewal unless written notice of cancellation is provided at least five
(5) calendar days prior to the renewal date.
Failure to remit payment in full within five (5) calendar days after the due date
will result in immediate suspension of access to the Best Day Ever Vacations
Independent Contractor portal, including all associated tools, systems, and
Supplier platforms. If payment is not received within ten (10) calendar days of
the due date, the Independent Contractor shall forfeit any and all commissions
associated with bookings for which travel has not yet commenced.
Independent Contractors enrolled in the Fast Track Concierge Agent Program,
upon completion of their initial term, may be offered continued participation at a
discounted rate based on performance metrics, including booking percentage
and customer service rating. Independent Contractors not selected to continue in
the Fast Track Program may elect to downgrade to the Classic Membership to
maintain active status and commission eligibility.
In the event the Independent Contractor elects not to renew or otherwise
terminates this Agreement, all outstanding bookings and commissions related to
future travel shall be transferred to another agent of Best Day Ever Vacations to
ensure continued client servicing. No commissions will be paid to Independent
Contractors who are no longer under contract at the time of travel.
IV. Fast Track Concierge Membership Leads. NOTICE OF LEAD QUANTITY UNCERTAINTY AND DISCRETIONARY LEAD
REDUCTION PROVISIONS WITHIN THE FAST TRACK CONCIERGE AGENT
PROGRAM
THIS NOTICE (“NOTICE“) SERVES TO INFORM ALL PARTICIPANTS
ENROLLED IN THE FAST TRACK CONCIERGE AGENT PROGRAM
(HEREINAFTER REFERRED TO AS THE “PROGRAM“) THAT THE PROGRAM
DOES NOT PROVIDE ANY EXPLICIT OR IMPLIED GUARANTEE REGARDING
THE QUANTITY OF LEADS THAT MAY BE ALLOCATED TO PARTICIPANTS.
THE ALLOCATION OF LEADS WITHIN THE PROGRAM IS SUBJECT TO
VARIOUS FACTORS AND CONDITIONS, AS FURTHER DETAILED HEREIN.
Lead Quantity Uncertainty: Participants of the Program are hereby notified that
the quantity of leads provided is subject to variability and may not be consistent
or guaranteed. The exact number of leads allocated to a participant may fluctuate
based on the discretion and assessment of the Program administrators. Such
assessment may take into account, but is not limited to, the participant’s
responsiveness, professionalism, and conversion performance.
Discretionary Lead Reduction/Termination: Program administrators retain the
discretion to reduce the quantity of leads allocated to a participant if any of the
following conditions are present:
A. Untimely Response: Participants failing to respond promptly to leads
provided under the Program may be subject to lead reduction. Timeliness
of response shall be determined at the sole discretion of the Program
administrators, considering industry standards and expectations.
B. Unprofessional Conduct: Participants engaging in unprofessional
conduct, as defined by the Program guidelines, may face lead reduction
and/or removal from the program as a consequence with loss of
commissions. Such determinations shall be made by the Program
administrators in the sole exercise of their unfettered discretion based on
their assessment of the participant’s behavior.C. Low Conversion Percentage: Participants failing to achieve a
reasonable conversion percentage in relation to the leads provided may
be subject to lead reduction. The specific threshold for an acceptable
conversion percentage shall be established by the Program administrators
in the sole exercise of their unfettered discretion and may be adjusted as
they determine adjustments to be needed.
THIS NOTICE IS PROVIDED TO ENSURE TRANSPARENCY AND CLARITY
REGARDING LEAD ALLOCATION WITHIN THE FAST TRACK CONCIERGE AGENT
PROGRAM. BY PARTICIPATING IN THE PROGRAM, ALL PARTICIPANTS
ACKNOWLEDGE THEIR UNDERSTANDING OF AND CONSENT TO THE
CONDITIONS OUTLINED HEREIN. THE PROGRAM ADMINISTRATORS RESERVE
THE RIGHT TO MODIFY THESE CONDITIONS AS NECESSARY, WITH ANY
MODIFICATIONS BEING COMMUNICATED TO PARTICIPANTS IN A TIMELY
MANNER.
V. Independent Contractor Compensation. Compensation for the services
rendered by the Independent Contractor shall be as follows:
A. Computation of Compensation.
Independent Contractor shall be entitled to payment of commissions at
seventy percent (70%) of the gross commissions for all new bookings for
clients that are originated by Independent Contractor.
B. Commission Structure for Company-Originated Leads
The Independent Contractor shall be entitled to receive fifty percent (50%) of
the gross commission received by Best Day Ever Vacations for any qualifying
new booking that originates from a client referral provided directly by Best Day
Ever Vacations (hereinafter referred to as a “Lead”).
For purposes of this Agreement, “Leads” shall be defined as any client
introduced or referred to the Independent Contractor by Best Day Ever
Vacations, including but not limited to referrals from its employees, officers,contractors, or affiliated partners. This definition also includes friends, family
members, or additional travelers who are part of or associated with the same
or substantially similar vacation booking as the initial Lead guest.
The calculation of commissions shall be based solely on the gross commission
amount received by Best Day Ever Vacations from the applicable Supplier, prior
to any adjustments, chargebacks, or deductions for service fees, cancellations,
or non-commissionable items.
It is understood that all expenses and costs of these sales shall be borne by the
Independent Contractor unless agreed to in writing and signed by both parties to
this Agreement.
B. Method of Commission Payment
Commission payments to the Independent Contractor shall be processed by the 30th
day of each calendar month. Each monthly payment will include all commissions
earned and received by Best Day Ever Vacations from Suppliers during the period
beginning on the 11th of the prior month through the 10th of the current month.
All commission payments shall be made via direct deposit through Bill.com, or
another payment platform as designated by Best Day Ever Vacations. The Independent
Contractor is responsible for ensuring that all required payment information is current
and accurate to avoid delays in disbursement.
Commissions totaling less than twenty-five dollars ($25.00) in any given pay period
will be held and carried over until the total accrued commission equals or exceeds
twenty-five dollars ($25.00), at which point payment will be processed in the next regular
pay cycle.
Any commissions for bookings not submitted in the Agent Portal at the time of
payment will not be paid until a future pay date. It is the Independent Contractor’s
responsibility to timely add bookings into the Agent Commission Portal.
Forfeiture of Commissions
The Independent Contractor shall forfeit the right to receive commission for
any booking that is not entered into the Agent Commission Portal within
sixty (60) calendar days following the initial date of travel. Timely submission
of booking information is the sole responsibility of the Independent Contractor,and failure to do so shall result in the permanent loss of commission eligibility for
that booking, without exception.
Hours. The Independent Contractor has the right to work any number of hours
she/he wishes. Best Day Ever Vacations shall have no fixed hours required of
Independent Contractor.
Benefits. Independent Contractor is a self-employed individual and shall not
receive or earn sick pay, vacation, or other such employee-related benefits from
Best Day Ever Vacations.
Business Supplies and Materials. Independent Contractor must provide her/his
own business supplies and materials for the purpose of doing business.
Independent Contractor shall be responsible for the purchase of any and all
promotional materials, such as business cards, letterhead, general liability
insurance, and other materials needed to promote their business. Any use of
Best Day Ever Vacations logo or materials must be approved in writing by Best
Day Ever Vacations prior to use. Failure
to procure Best Day Ever Vacations’ approval prior to use will be a default under
this Agreement. Independent Contractor can identify herself/himself as “an
affiliate of Best Day Ever Vacations, LLC.”
Place of Business and Work. Independent Contractor is solely responsible for
any and all decisions in regards to where they perform their work and/or sales
activity. Best Day Ever Vacations may not require Independent Contractor to
perform any duties at Best Day Ever Vacations’ place of business.
Risk of Loss. Independent Contractor fully assumes all risk of loss in the event
that her/his sales commissions do not cover their incurred expenses.
VI. Proprietary Interest in Customer Relationships It is understood and agreed that any and all clients or leads provided by Best
Day Ever Vacations, including those referred by its employees, contractors,
affiliates, marketing channels, or lead distribution systems (collectively,
“Company-Originated Leads”), are the sole and exclusive property of Best
Day Ever Vacations. The Independent Contractor acknowledges and agrees
that all rights, interests, and goodwill associated with Company-Originated Leads
shall remain the exclusive property of Best Day Ever Vacations both during and
after the term of this Agreement.
By contrast, clients who are solely and independently acquired by the
Independent Contractor through their own personal efforts, relationships, or
marketing, and who were not introduced, referred, or assigned by Best Day
Ever Vacations, shall remain the property of the Independent Contractor.
In the event of termination or non-renewal of this Agreement, the Independent
Contractor shall retain the right to continue working with independently acquired
clients, but shall immediately cease all engagement, solicitation, or servicing of
Company-Originated Leads.
Notwithstanding the foregoing, all rights, privileges, and interests associated with
customers and/or clients which Independent Contractor facilitates that were
previous clients and/or customers of Best Day Ever Vacations, its owner/s, or
other agents or employees of Best Day Ever Vacations shall remain with and be
the sole property of Best Day Ever Vacations.
VII. Change of Agent / Forfeiture of Commission
Notwithstanding any other provision of this Agreement, the Independent
Contractor agrees to honor any request made by a client or customer to be
reassigned to another agent or Independent Contractor of Best Day Ever
Vacations. In the event of such a request, the Independent Contractor shall
promptly notify Best Day Ever Vacations and provide full cooperation to ensure a
smooth transition of the client to the newly assigned agent.
In such cases, the Independent Contractor shall forfeit all rights to any and
all commissions associated with the client’s booking(s), regardless of whether
the booking was originally made by the Independent Contractor. All suchcommissions shall be transferred in full to the newly assigned agent. This policy
is final and not subject to appeal.
Best Day Ever Vacations also reserves the right to refer Leads that had
previously been referred to Independent Contractor to another agent for any
reason it deems appropriate in the sole exercise of its unfettered discretion.
Conflict of interest. If there should be any client conflict of interest issues, they
must be addressed to Best Day Ever Vacations immediately upon recognition of
the conflict.
Taxes and Filings. Independent Contractor is responsible for complying with any
and all local, state, and federal laws as they pertain to the performance of this
Agreement. Independent Contractor must obtain any or all necessary business
licenses and state registrations, and must pay any and all tax payments (federal,
state, and local income taxes) as well as any applicable fees or charges for
social security, worker’s compensation, and FICA. Best Day Ever Vacations will
provide reasonable assistance and instruction on identifying and complying with
these obligations; however, compliance with these obligations and payment of
any applicable taxes or fees shall be Independent Contractor’s sole
responsibility.
Best Day Ever Vacations is not responsible and shall not accept responsibility for
payment or withholding of such items as they pertain to Independent Contractor.
Independent Contractor agrees to indemnify and hold Best Day Ever Vacations
harmless for any liabilities incurred by or assessments levied against Best Day
Ever Vacations because of any lack of payment or failure to pay the
above-mentioned taxes and fees by Independent Contractor.
VIII. Termination of Agreement.
A. Non-Solicitation. Except as otherwise provided herein, during and pursuant
to the terms of this Agreement, and for the period of twelve (12) months followingany termination of this Agreement (whether with or without cause), both parties
agree not to solicit or transact business with any of Independent Contractor’s or
Best Day Ever Vacations’s clients, respectively; provided, however, that in the
event Independent Contractor unsubscribes and does not pay his/her annual
membership fee, Best Day Ever Vacations will become the agent of record for all
currently booked clients and will service Independent Contractor’s client for any
and all currently contracted bookings.
Upon termination, Independent Contractor shall immediately cease all
communication with any and all of Best Day Ever Vacations’ active clients.
In the event of termination, and in advance of the termination, Independent
Contractor shall provide notice to its customers and/or clients of the severance of
its relationship with Best Day Ever Vacations, and the effective date of the
severance. A copy of these notices shall be contemporaneously sent to Best Day
Ever Vacations. The receipt of these notices by Best Day Ever Vacations shall be
a condition precedent to Best Day Ever Vacations’ covenant not to solicit or
transact business with Independent Contractor’s active clients following
termination. In the event that Best Day Ever Vacations does not receive copies of
such notices prior to the effective date of the termination, then upon the effective
date of the termination, Best Day Ever Vacations shall be entitled to inform active
clients of the Independent Contractor of the severance and to solicit or transact
business with Independent Contractor’s active clients.
For the period of twenty-four (24) months following the termination of this
Agreement (whether with or without cause), Independent Contractor agrees not
to solicit, offer, or in any way encourage any employee, consultant, or
Independent Contractor of Best Day Ever Vacations to leave his or her
employment, or terminate the consultancy/agency relationship as the case may
be, with Best Day Ever Vacations.
B. Confidentiality, Intellectual Property, and Non-Disparagement. In return
for receiving any information or materials written, verbal, or electronic concerning
Best Day Ever Vacations and/or its affiliates, Independent Contractor agrees to
maintain as confidential and not to divulge, disclose, or communicate, either
directly or indirectly, to any person, firm, partnership, corporation, or any otherentity whatsoever any information concerning the matters affecting or relating to
the business of Best Day Ever Vacations and/or its affiliates, including but without
limitation to, trade secrets; selling, marketing, and advertising procedures; past or
present employees, pending clients, agents, subcontractors, and affiliates;
recruitment and education plans; agent commission programs; daily operations;
corporate policies and procedures; supplier and vendor commission and override
contracts or any other agreements with these suppliers and vendors; and any
other information that Best Day Ever Vacations and its affiliates may deem
confidential.
Independent Contractor agrees not to act or fail to act, in any manner either
directly or indirectly, that may cause the disruption of business, direct any
business away from, and/or to cause discord to the business of and/or business
relationships of Best Day Ever Vacations and/or its affiliates. Any such breach will
result in immediate termination and forfeiture of unpaid commissions, and will
also entitle Best Day Ever Vacations to recover any damages resulting from the
breach. This clause will survive the termination of this Agreement.
The parties agree that they shall not at any time engage in any form of conduct,
or make any statements or representations, whether in writing or orally, that
disparage or otherwise impair the reputation, goodwill, or commercial interests of
the other party. Notwithstanding the foregoing, nothing in this paragraph will
prevent any person from making any truthful statement to the extent (i)
necessary with respect to any litigation, arbitration, or mediation involving this
Agreement, including, but not limited to, the enforcement of this Agreement or (ii)
required by law or by any court, arbitrator, mediator, or administrative or
legislative body (including any committee thereof) with apparent jurisdiction to
order such person to disclose or make accessible such information. Each of the
parties agrees to notify the other of any statement that is required to be made as
provided in the preceding sentence. Such notice will be given as much in
advance of the making of such statement as is reasonably possible.
C. Effect of Termination on Compensation. In the event that this Agreement
shall terminate before the completion of the terms that are specified in this
Agreement, Independent Contractor will be entitled to any and all compensation
earned by her/him on customers and/or clients whose bookings were executedprior to the termination date, as provided for in this Agreement. These
commissions shall be computed up to and inclusive of the termination date.
Thereafter, Independent Contractor shall not be entitled to any further
compensation.
Commissions will not be paid to Independent Contractor if any provision of this
Section 5 is violated. Any and all fees and costs associated with errors,
misrepresentations, or omissions by Independent Contractor shall be deducted
from Independent Contractor’s commission.
D. Clients/Client Lists. All Best Day Ever Vacations’s clients and Leads,
including client lists, client databases, etc. are the sole and exclusive property of
Best Day Ever Vacations. Independent Contractor shall refrain from copying or
otherwise taking possession of this protected and confidential information.
E. Independent Contractor’s Continued Use of Best Day Ever Vacations
Identification After Termination. In the event that this Agreement is terminated
prior to the end of the Term and Independent Contractor continues to use the
Travel Identification of Best Day Ever Vacations after such termination,
Independent Contractor shall be in default of this Agreement and Best Day Ever
Vacations shall be
entitled to those remedies contained herein as well as any other remedies
available in law or equity.
F. Attorneys’ Fees/Governing Law & Arbitration. In any legal action rising out
of or relating to this Agreement, the party prevailing shall be entitled to
reasonable attorney’s fees, costs, and any other needed disbursements, in
addition to any other remedies to which she/he may be entitled. This Agreement
is and shall be governed by and construed according to the laws of the State of
California. The parties agree that any dispute rising out of this Agreement shall
be submitted for binding arbitration in the State of California.IX. Errors and Omissions. If a claim is filed as a result of negligence from
Independent Contractor, Best Day Ever Vacations reserves the right to invoice
Independent Contractor for additional fees or damages incurred.
A. . Errors and Omissions (E&O) Insurance Claim Process
In the event a claim is filed under Best Day Ever Vacations’ Errors and
Omissions (E&O) insurance policy, the Independent Contractor agrees to
cooperate fully by providing all required documentation. If the claim is
approved, reimbursement will be issued to Best Day Ever Vacations,
minus the deductible. The deductible may be the responsibility of the
Independent Contractor if the incident is found to have resulted from their
negligence or failure to follow company policies.
X. Assignability. This Agreement is not assignable by Independent Contractor
without the express written Agreement and consent of Best Day Ever Vacations.
XI. Partial Invalidity. In the event a provision of this Agreement is found by a
court of competence and jurisdiction to be invalid, unenforceable, or void, then
the remaining provisions shall continue in full force without being impaired or
invalidated in any way.
Hold Harmless/Indemnification. Independent Contractor agrees that he/she will
defend, indemnify, and hold Best Day Ever Vacations harmless from all fines,
suits, claims, demands, obligations, or actions of any kind, including costs and
reasonable attorneys’ fees by anyone allegedly arising from or connected with
Independent Contractor’s operation of his/her business.
Name and Logo Usage. The Best Day Ever Vacations name, logo, and all
forms, pictures, and information in the reference site are the sole and exclusive
property of Best Day Ever Vacations. Independent Contractor shall have the right
during the term of this Agreement, unless sooner terminated by either party, to
use the Best Day Ever Vacations name, logo all forms, pictures, and information
in the reference site. Upon the expiration of this Agreement or the earliertermination of this Agreement by either party, Independent Contractor shall
immediately remove from all correspondence, whether in electronic or other form,
including, but not limited to, any blog, Facebook, Instagram, Twitter, or other
social media outlet, reference to Best Day Ever Vacations, its name, logo, all
forms, pictures, and information in the reference site. Independent Contractor
hereby acknowledges that the use of the Best Day Ever Vacations name, logo or
all forms, pictures, and information in the reference site without the express
written permission of Best Day Ever Vacations beyond the expiration or earlier
termination of this Agreement is expressly prohibited, and Best Day Ever
Vacations shall have all rights and remedies afforded to it under the law and in
equity.
Non-binding Obligation. Independent Contractor has no authority, under any
circumstances, to commit Best Day Ever Vacations to any agreements, whether
written or verbal, without Best Day Ever Vacations’ prior written consent.
Independent Contractor will make no representations to any clients, Leads, or
Affiliates that imply the authority to bind Best Day Ever Vacations. Best Day Ever
Vacations shall not be liable to Independent Contractor, or any third party, for any
of Independent Contractor’s actions. In the event of any dispute, litigation, or
legal expenses stemming from any transaction entered into wrongly by
Independent Contractor on behalf of Best Day Ever Vacations, Independent
Contractor shall be liable for all expenses connected with the dispute, including,
but not limited to, all attorneys’ fees and costs associated therewith.
XII. Payments/Charge Backs. Independent Contractor is solely responsible for
ensuring that Independent Contractor’s client’s payments are all made on time. In
the event a Travel payment is not timely made and a reservation is canceled, or
late fees charged, it shall be Independent Contractor’s sole responsibility to pay
or obtain payment from their client and submit such late fees and additional
charges due to the supplier as may be required by the supplier to reinstate or
otherwise complete the booking.
A. Credit Card Transaction Liability and Chargebacks
The Independent Contractor shall be fully and solely responsible for
obtaining proper authorization for all credit card transactions made by theirclients, including securing valid cardholder signatures and any other
verification required by Best Day Ever Vacations’ fraud prevention
protocols.
The Independent Contractor agrees to strictly adhere to all policies and
procedures established by Best Day Ever Vacations to prevent
fraudulent activity, including but not limited to required documentation,
client verification steps, and communication protocols. Failure to follow
these procedures may result in disciplinary action, loss of commission, or
termination of this Agreement.
In the event of a chargeback, disputed payment, declined transaction,
or any instance of fraud, the Independent Contractor shall be fully liable
for the amount in question and shall reimburse Best Day Ever Vacations in
full. This liability extends to the Independent Contractor personally,
regardless of whether they operate under a limited liability company,
corporation, or other business entity.
The Independent Contractor further agrees to indemnify and hold
harmless Best Day Ever Vacations from any losses, fees, or penalties
arising from such incidents, including costs associated with recovery or
resolution of the chargeback or dispute.
B. Liability for Fraudulent Bookings
Independent Contractor accepts full financial responsibility for any booking
that is later found to be fraudulent, disputed, or unauthorized, including but
not limited to chargebacks, supplier losses, penalties, and administrative
fees incurred by BDEV as a result of the booking.
C. Best Practices for Chargeback and Dispute Protection
To help safeguard against chargebacks, disputed payments, and potential
fraud, Independent Contractors are required to obtain and retain the
following documentation prior to processing any credit card
transaction:
●
Client’s full name, billing address, phone number, and email address
●
Last four digits of the credit card, cardholder name, expiration date,
and charged amount●
Client’s signature authorizing the transaction
●
Written acknowledgment that the client has reviewed and accepted all
applicable Terms and Conditions
●
A clear copy of the client’s driver’s license or government-issued
photo ID
Additionally, to minimize risk, Independent Contractors are strongly advised to
avoid accepting or processing bookings within 30 days of travel, unless all
above documentation is collected and verified in advance. Last-minute bookings
are more susceptible to fraud and present a significantly higher chargeback risk.
Failure to follow these guidelines may result in the Independent Contractor being
held fully liable for any resulting chargebacks, losses, or penalties.
If Independent Contractor does not believe the chargeback to be valid,
documentation to dispute the claim with the merchant must be furnished to the
merchant and Best Day Ever Vacations within three (3) days. Best Day Ever
Vacations will help to avoid the chargeback or dispute, but ultimately
Independent Contractor is responsible to know and understand any applicable
rules or procedures. Any credit card dispute between Independent Contractor
and Independent Contractor’s client is subject to the cardholder’s terms and
conditions. In any case, Independent Contractor is responsible for the payment of
any dispute memo within fourteen (14) days.
Method of Payment. The preferred method of payment that an Independent
Contractor can accept is a credit/debit card and must be processed with the
supplier. Independent Contractor must be PCI DSS compliant on all transactions.
The Payment Card Industry Data Security Standard is a set of security standards
designed to ensure that ALL companies that accept, process, store, or transmit
credit card information maintain a secure environment. Independent Contractors
are NOT permitted to pay for a client’s trip using Independent Contractor’s or
Independent Contractor’s company credit card.The client’s credit card information must be only given directly to the supplier for
payment. Independent Contractor can call in the payment over the phone or
online on the supplier’s website. Independent Contractor cannot be processing
credit cards using a merchant services account outside of the registered
suppliers.
Technology Use and Data Security
Independent Contractor agrees to use all BDEV systems, portals, and client data tools in
accordance with Best Day Ever Vacations’ established security protocols. Unauthorized
access, misuse, or data breaches caused by negligence may result in immediate
termination and potential legal action.
Missing Payment Research Fee. If Independent Contractor requests Best Day
Ever Vacations’s assistance in identifying a missing payment, and the error of the
missing payment is determined in the sole discretion of Best Day Ever Vacations
to be due to the fault of Independent Contractor, Best Day Ever Vacations shall
have the right to assess a $30.00 research fee, and to deduct this fee from the
commission otherwise entitled to be paid to Independent Contractor. Fault
attributable to Independent Contractor may include but is not necessarily limited
to incorrect entries and failure to enter information in a timely manner.
Commission Dispute Timeline
Any disputes regarding commission payments or errors must be submitted in writing to
Best Day Ever Vacations within thirty (30) days of the commission payment date.
Disputes raised after this period may not be reviewed.
Confidentiality. Independent Contractor understands that any information,
including but not limited to, client or agency financial information, programs, ways
of doing business, lists, passwords, agency codes, etc. belong to Best Day Ever
Vacations, and any release or unauthorized use of that information is prohibited.
The confidential IATA/CLIA code that will be disclosed to Independent Contractor
is to be used only by Independent Contractor and cannot be used after the
expiration or earlier termination of this Agreement. This number shall not be
disclosed to any other person, except vendors.
No Inconsistent Obligations. Independent Contractor hereby represents and
warrants that he/she is not aware of any obligations, legal or otherwise, that areinconsistent with the terms of this Agreement. Independent Contractor hereby
represents and warrants that he/she shall not disclose to Best Day Ever
Vacations, its owner/s, agents, independent agents, clients, and/or customers
any proprietary information or trade secrets of others in the industry.
Amendment. This Agreement shall not be amended except after the date hereof
by a writing signed by all parties to the Agreement, and no amendment, change,
termination of waiver shall be binding unless it is in writing and is signed by the
party or individual(s) against whom the amendment, change, or termination of
waiver is sought to be enforced.
Education Requirements. Independent Contractor must complete the required
Start-Up Guide after which they will receive access to book with various
suppliers. Training is also provided by other suppliers, including but not limited to,
DisneyTravelagents.com, VAX, CruisingPower, and is highly recommended.
FAM Trips. All independent FAM trips must be approved, at Best Day Ever
Vacations’s sole and absolute discretion, in writing, prior to Independent
Contractor’s attendance at the same. Before applying for independent FAM trips
or events, Independent Contractor must consult Best Day Ever Vacations in
writing and get express written permission. Independent Contractor agrees to
sign a code of conduct prior to any FAM trips. Independent Contractor may be
asked by Best Day Ever Vacations to provide blogs, pictures, and a team share
about the FAM trip.
Default. Independent Contractor shall be in default of this Agreement if any of
the terms, conditions, restrictions, and obligations contained herein are violated
at any time and from time-to-time by Independent Contract. Best Day Ever
Vacations shall have all rights under the law and in equity against Independent
Contractor, including, but not limited to, reimbursement for all compensation paid
to Independent Contractor after the termination of this Agreement, all fees and
costs associated with re- booking and/or re-ordering Travel previously facilitated
by Independent Contractor, any penalties and/or fines associated with
Independent Contractor’s default under this Agreement, court fees and costs
incurred by Best Day Ever Vacations for the bringing of a suit againstIndependent Contractor before a court of competent jurisdiction and any and all
reasonable attorneys’ fees and costs associated with the enforcement and/or
litigation of this Agreement.