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WHAT A TRIP, LTD
dba A1Travel-Vacation.com
dba HomeBased-TravelAgents.com

INDEPENDENT CONTRACTOR - CONTRACT AGREEMENT

This agreement is between WHAT A TRIP, ltd at 156 Wheeler Rd, in the city of Central Islip, in the state of New York,11722, known hereinafter in this document as the Travel Business, and the home based travel agent known hereinafter in this document as the Independent Contractor.

FIRST: TERMS OF AGREEMENT
The Travel Business hereby makes available the business opportunity to the Independent Contractor to act as an independent salesperson for the Travel Business and the Independent Contractor agrees to act in this capacity for a period stated here of 12 months from this month. Upon the end of that time period, this contract shall be extended automatically  on a year to year basses. However, if either party to this agreement serves the other with notice in writing thirty (30) days prior to the above mentioned expiration, of their request to terminate the agreement and not to renew, then the agreement may be terminated.


SECOND: INDEPENDENT CONTRACTOR DUTIES

The Independent Contractor is hereby retained by the above named Travel Business as a self-employed individual to sell travel and travel services on behalf of the Travel Business.


THIRD: INDEPENDENT CONTRACTOR COMPENSATION

Computation of Commission:

The independent Contractor shall be entitled to payment of commissions at 70% of all commissions earned. If the independent contractor
annual gross commissions exceeds $15,000. per year the independent contractor will receive 80% of all commissions earned in the succeeding year. If the independent contractor annual gross commissions exceed $30,000. per year independent agent will receive 90% of all commissions earned in the succeeding year.
It is understood that any and all expenses and costs of sales shall be borne by the Independent Contractor unless agreed to in writing and signed by both parties to this agreement.

The Independent Contractor is free to do business with any other travel supplier of services. If the Independent Contractor uses the Travel Businesses IATAN number or CLIA number  to sell travel then the Travel Business is due its share of the commission paid by the travel supplier or vendor as is set forth  above.

Payment of Commissions Method

The Independent Contractor shall be paid on a monthly basis by the above named Travel Business. This payment will be for all commissions earned and received by the Travel Business in the prior month as mentioned above. The Independent Contractor shall, within ten days of the end of the month, provide said Travel Business with an accounting of all commissions earned during the previous month. The Travel Business will make a check payable to the Independent Contractor in the appropriate amount earned by the Independent Contractor less any expenses attributed to those sales, such as FedEx or postage for delivery of documents within 15 days of receiving commission request form.


FOURTH: THE EXAMINATION OF BOOKS AND RECORDS
The Independent Contractor has the right to either personally or by a professional accountant retained and compensated by the Independent Contractor, examine the books and accounts of the Travel Business as they relate to the transactions affecting the Independent Contractor's compensation amounts. This must be mutually convenient to all parties of this agreement and may be done once a calendar year.


FIFTH: HOURS
The Independent Contractor has the right to work any number of hours she/he wishes to do so. The above named Travel Business shall have no fixed hours required of the Independent Contractor. The Independent Contractor shall not be required to attend any office meetings or staff training sessions. The Independent Contractor has the right to work at their own schedule of hours.


SIXTH: BUSINESS SUPPLIES AND MATERIALS
The Independent Contractor must provide her/his own business supplies and materials for the purpose of doing business. The Independent Contractor shall be responsible for purchase of any and all promotional materials, such as business cards, letterhead, and other materials needed to promote their business.


SEVENTH: PLACE OF BUSINESS AND WORK
The Independent Contractor may make any and all decisions in regards to where they perform their work and or sales activity. The Travel Business may not require the Independent Contractor to perform any duties at the Travel Business's place of business.


EIGHTH: PROFIT POTENTIAL
The Independent Contractor enjoys the opportunity and right to earn profit (profits) yielded by commissions that are earned pursuant to this agreement.


NINTH: THE RISK OF LOSS
The Independent Contractor takes full responsibility of assumption of risk of loss in the event that her/his sales commissions do not cover her/his incurred expenses.


TENTH: HIRING OF ASSISTANTS BY THE INDEPENDENT CONTRACTOR
The Independent Contractor has the right to hire or employ or constitute an agreement with other individuals for the purpose of accomplishing what goals she/he feels necessary for their business. The Independent Contractor incurs all expenses for said persons.


ELEVENTH: NO VACATION OR OTHER BENEFITS

The Independent Contractor is a self-employed individual and shall not receive or earn sick pay, vacation, of other such employee related benefits from the above named Travel Business.


TWELFTH: CUSTOMER'S
It is understood and agreed that in the event that the Independent Contractor ceases to have an association with the Travel Business, then any or all customers of the Independent Contractor shall have the freedom to do business with the Independent Contractor or any such travel agency they should desire.


THIRTEENTH: RESPONSIBILITY OF TAXES AND FILINGS:
The Independent Contractor shall take the responsibility for complying with any and all local, state and federal laws as they pertain to the performance of this agreement. This shall require the Independent Contractor to obtain any or all necessary business licenses, state registrations and to pay any and all tax payments (federal, state, and local income taxes) as well as payments of any applicable fees or charges for social security, worker's compensation and FICA.
The Independent Contractor will recive a1099 at the begining of each year from the travel business for all income recived by the Independent Contractor in the prevous year.

The above mentioned Travel Business is not and shall not accept responsibility for payment or withholding of such items as they pertain to  the Independent Contractor. It is agreed upon that the Independent Contractor holds the Travel Business harmless for any assessments against the Travel Business because of any lack of payment or failure to pay the above mentioned taxes and fees by the Independent Contractor.


FOURTEENTH: TERMINATION OF AGREEMENT

TERMINATION EVENTS

This agreement is not to be terminated prior to its expiration or at the will of either party to the agreement, but is terminated for the following reasons:

  1. The death of the above named Independent Contractor.
  2. The continued inability or incapacity on the part of the Independent Contractor of performance of her/his duties as outlined in this agreement.
  3. The occurrence of certain circumstances that make it impracticable or impossible for the business of the Travel Business to continue.
  4. A failure of payment from the Independent Contractor to the Travel Business which is owed to the Travel Business by the Independent Contractor within a thirty day period of billing such amount.

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, the Independent Contractor will be entitled to any and all compensation earned by her/him prior to the termination date as is provided for in this Agreement.

COMPENSATION COMMISSION-TIME LIMIT OF CLAIMS

Any and all claims by the Independent Contractor for compensation commission on any sales made by the Independent Contractor are waived by the Independent Contractor if they fail to request payment and make a claim for these within one year.


FIFTEENTH: SOLUTIONS
Any claims made or controversies that arise out of or in relation to this agreement will be settled by the courts of Long Island in the State of New York.

LEGAL ATTORNEYS FEES AND RELATED COSTS

If it becomes necessary to interpret the terms of this Agreement or if any action at law is needed to enforce or  interpret the terms of this Agreement, the party prevailing shall be entitled to reasonable attorney's fees, costs, and any other needed disbursements in addition to any other assistance to which she/he may be entitled.


SIXTEENTH: PROVISIONS (GENERAL)

GOVERNING LAWS OF AGREEMENT

This agreement is and shall be governed by and construed according to the laws of  the State of New York.


ASSIGN ABILITY

This agreement is not assignable by the Independent Contractor without the written agreement and consent of the Travel Business.


VALIDITY-PARTIAL

In the event that 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.


AGREEMENT CHANGE OR WAIVER

This Agreement shall not be amended, except after the date here of 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.

I the Independent Contractor agree to the terms listed in this agreement by Typing "yes" in the I agree to the terms box of the application Form.

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