KR TRAVEL & TOURS
Referral Agents / Travel Agents / Affiliate Marketing
Agents
THIS AGREEMENT by and between KR Travel &
Tours Company (aka This) and assigns, and an independent
contractor, acting as a Referral Agent(s) / Travel
Agent(s) / Affiliate Marketing Agents, as named
in said application submitted with this agreement.
W I T N E S S E T H:
WHEREAS, KR Travel & Tours with company
offices at P-5.B-1.L-14, Brookfield Subd., Basak,
Sudtungan, Lapu-Lapu City, 6015 Philippines, is
engaged in the travel business; and
WHEREAS, the independent contractor, "Agent"
as in Referral Agent(s) / Travel Agent(s) / Affiliate
Marketing Agents, is an individual or business who
refers prospects to said Agency.
NOW THEREFORE, it is agreed:
1. Commissions - The Referral Agent(s) /
Travel Agent(s) / Affiliate Marketing Agents shall
be entitled to a commission if all necessary information
concerning the reservation or trip has been properly
forwarded to KR Travel & Tours and the prospect(s)
have completed their itinerary without negative
consequence or recourse. Referral Agent(s) / Travel
Agent(s) / Affiliate Marketing Agents will receive
net commissions (net of all applicable administrative
charges, and fees). Commision shall be made on automatic
deduction from the total amount quotation from the
booking request submitted to KR Travel & Tours.
2. Expenses - Each Agent is responsible
for all expenses related to acquiring leads. Therefore,
the Agency shall not be liable for any expenses
incurred by the Agent during their efforts to secure
a prospect including, but not limited to: advertising,
postage, telephone calls, insurance, business cards,
mileage, entertainment expenses, and any other expense
related to obtaining leads and forwarding the appropriate
information.
3. Benefits - Referral Agent(s) / Travel
Agent(s) / Affiliate Marketing Agents are not employees
and; therefore, shall not be entitled to any company
benefits to include but not limited to health insurance,
life insurance, bonuses, office space, retirement
accounts, vacation, workmen's compensation, sick
pay, and profit sharing.
4. Liability - The Agency shall be 'held
harmless' by the Agent for theirs or any third parties
acts while conducting business in behalf of the
Agency when not covered by liability or insurance.
In the event of any dispute, litigation, or legal
expenses stemming from any transaction involving
the Agent, the Agent will be liable for all expenses
connected with such a dispute.
5. Termination - This agreement, and the
relationship created hereby, may be terminated immediately
by either party hereto, with or without cause, at
any time upon delivery of a 10 day written notice.
Upon termination of this agreement, the Agent shall
be entitled to compensation earned prior to the
date of termination as provided for in this agreement.
The Agent agrees not to furnish to anyone, any information
as to the Agency's clients, business procedures,
trade secrets, terms, or conditions. Clients brought
into the Agency because of the Agent's own direct
efforts and expense shall be considered the property
of the Agent.
This Agreement may be terminated immediately by
KR Travel & Tours discretion if the Agent has:
(1) Abused or not complied with policy and procedures
of KR Travel & Tours or (2) The Agent has otherwise
breached this agreement.
6. Entire Agreement - This agreement constitutes
the entire agreement between the Agency and the
Agent, and there are no other agreements or understandings
concerning such agreement which are not set forth
herein. The Agent understands that any procedures,
policies, or conditions set forth in this contract
are subject to change and KR Travel & Tours
reserves the right to alter, change, or revise any
portion of this Agreement upon a 10 day notice.
7. Modification - We may modify any of the
terms and conditions contained in this Agreement,
at any time and in our sole discretion, by posting
a change notice or a new agreement on this site.
Modifications may include, for example, changes
in the scope of available referral fees, fee schedules,
payment procedures, published rates and Program
rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU,
YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING
OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT
ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF
THE CHANGE.
The failure of either party to enforce at any time
any of the provisions or terms of the agreement
shall not be construed to be a waiver of such provision
or term, nor of the right of any party therefore
to enforce such term or provision. |