The terms and conditions constitute an Independent Contractor Agreement (“Agreement”) between TIX Travel & Ticket Agency, Inc. (“TIX”) and the person whose name is indicated on the attached or submitted TIX Agent Application (“Agent”). TIX is a host travel agency engaged in marketing and developing a network of independent travel and ticket agents. TIX shall provide the Agent membership in the TIX Agent Network and the Startup Package which includes online training, support and services such as the ability to do business with leading travel suppliers, commission reports, agent website, preferred suppliers, travel agent identification, marketing support, and reservation system access. Both parties agree with and will abide by the following Terms and Conditions:

Agent shall be authorized to act as an Independent Agent for TIX, promoting and selling travel products and services through TIX. In such capacity, Agent shall comply with the terms of TIX’s procedures and guidelines contained in the training program, subject to changes and modifications, which upon notice to Agent, become a binding part of this Agreement. Publication of such changes in the Agent newsletter or website shall be deemed notice to all Agents. This Agreement is not intended to create any kind of agency, franchise, employment, partnership, joint venture, or other form of joint enterprise. It is understood that the Agent shall conduct its business at its own risk and expense and for its own account, in the status of an independent contractor and a completely independent entity.
The Agent shall be solely responsible for setting its own location and hours of business. Agent shall have no right under this Agreement to use the premises, equipment or supplies of TIX. Except as expressly provided herein, TIX shall have and exercise no right or control or direction over the conduct, management, operation, form or affairs of the Agent’s business, and shall have and exercise no right to prescribe any plan or system of marketing with respect to the business of the Agent. TIX shall have no responsibility to provide or assist in providing any location or site selection for the Agent. Agent acknowledges and understands that TIX has not represented that it has any responsibility to secure clients or assist in securing clients or business on behalf of Agent and Agent agrees that TIX cannot be held responsible in the event that Agent fails to secure clients/business in its own interest. TIX may provide leads to Agent based on the Agent’s expertise or geographic location. TIX makes no guarantee that leads will be provided or if provided, the leads will turn into a customer.
Each person included as a Agent hereunder acknowledges that they have conducted an independent investigation of the business contemplated by this Agreement and recognized that it involves business risks which make the success of the venture largely dependent upon the business abilities and efforts of Agent. The Agent acknowledges and understands that TIX has made no representation as to the potential for earnings or profits of the Agent and that all earning or profits, if any, of the Agent are entirely dependent upon the business efforts and abilities of the Agent.
The Agent is not granted any right or authority to assume or create any obligations or responsibilities, whether expressed or implied, on behalf or in the name of TIX, or to bind TIX in any manner whatsoever.
The Agent shall be responsible for paying for itself and its employees all federal and state income taxes, FICA (social security) taxes, or any other applicable taxes and shall be responsible to maintain all applicable licenses, workman’s compensation and all other coverages required by law for the Agent and its employees. TIX will furnish Agent with qualifying earnings a copy of form 1099-MISC for reporting purposes. Agent agrees to be fully responsible for complying with all federal, state and local laws in connection with performance of the Agreement.

Agent must select a name for its business, agency, company, corporation or entity other than that of TIX. The TIX® name and logo is a registered trademark with the U.S. Government Patent & Trademark Office with trademarks pending in other countries. Written approval is required in advance of any Agent’s use of the Tony Ticket character as well as the TIX name and/or logos. Unauthorized use of the Tony Ticket character, TIX name and/or logo may be in violation of specific trademark and copyright laws, and civil penalties may apply.

Agent is responsible for any city, county, state or federal business and travel agency permits, licenses, bonding and/or registration requirements and expenses related thereto. Agent agrees to comply with any state, federal or TIX advertising guidelines. In those states where Agent would be exempt from licensing, bonding and / or registration, this agreement shall act as a contract between TIX, an officially appointed agent of air and ocean carriers and Agent who will act on TIX’s behalf in offering or selling air or sea transportation and other goods or services in connection with transportation. In some states and provinces, as required for exemption, the Agent may not receive any consideration for air or sea transportation or other services from the client. In these jurisdictions, Agent agrees they will not accept any payments and their clients must pay TIX directly for travel products and services.

During the term of this Agreement, TIX shall maintain strict confidentiality of Agent’s client names, client information, and all aspects of Agent’s business.
TIX owns certain proprietary and confidential material and trade secrets, including without limitation, files, data base access, client lists, pricing information, electronic reproduction of data, data sources, and all files, books, records, accounts, and other information, some of which may be provided to Agent by TIX in the course of performance of this Agreement. Agent agrees that all such information is the sole and exclusive property of TIX. Agent will not disclose, copy, publish, or disseminate to any person or entity any proprietary and confidential information or trade secrets.

TIX shall provide Agent with online training manuals covering procedures and other related topics. Agent agrees that the training is for informational purposes only and not a requirement in operating their independent business. Agent further agrees that any training or marketing information provided is not considered a “sales or marketing program” as defined by their federal or states business opportunity act. For optional in person training, transportation, accommodations and other personal expenses are the Agent’s responsibility.

All travel agent discounts, upgrades and free travel benefits are subject to the travel supplier’s policy, terms, conditions, eligibility requirements and availability.  TIX does not guarantee any specific agent discounts or free travel benefits.  TIX supplies Agents who have made travel sales with agent documentation and agent verification services.  

Agency Personnel Listing (“LIST”): One principle of the Agency is eligible for inclusion on TIX’s IATAN LIST after selling $10,000.00 in travel arrangements.  Maintaining LIST inclusion requires active travel selling ($10,000.00 annual travel sales).  Agents currently on another travel agency’s LIST can transfer to TIX’s LIST.  Additional agents under the employ of the Agency can also be added to the LIST after showing sales of at least $10,000.00 a year per agent.  Listing eligibility is subject to IATAN approval and is subject to change. 

Travel Agent Photo ID Card: IATAN AND CLIA issue and determine eligibility requirements for their identification cards.  The current requirements for an IATAN card are: Inclusion in LIST, earning a minimum of $5,000.00 per year in commissions, devote at least 20 hours per week to the business of selling travel, be at least 18 years of age, annual fee and a passport size photograph.  CLIA requires agents to be actively involved in the business of selling cruises and pay an annual fee.  Issuance of ID cards is subject to IATAN and CLIA approval and their requirements are subject to change.  

As compensation for services rendered under this Agreement, the Agent shall be entitled to commissions on travel and ticket sales as follows:
A. Computation
1. IN GENERAL.
a) Commissions vary by supplier, but on average the gross commission is 10% of the pretax sale amount. Commission rates are subject to change.
b) Commissions are usually not paid on taxes, port charges and other fees.
c) Commissions are earned after travel has been completed, event date has passed and the travel or ticket supplier has paid commission to TIX.
d) Gross commissions are defined as the total dollar amount the supplier has paid to TIX. Net commission is the total dollar amount the Agent receives and it is computed by multiplying the gross commission by the Agent’s payout percentage.
e) Over-ride commissions are bonuses or excess commissions over the standard agency commission that a supplier may offer.
f) Agent shall receive the following commission schedule:

f) Annual commissions reset January 1.
g) Booking fees (if any) from the Internet Booking Engine Providers are deducted from the gross commission.

2. ACCREDITATIONS. TIX shall receive its share of the commission as paid by any supplier as outlined above for any sale in which the Agent uses TIX’s accreditations, including our ARC, IATA, CLIA, name, address and / or phone number to process the sale.

B. Method of Payment
Commission reports and checks are mailed on the 15th day of the month, or issued electronically through ACH. Commission checks under $50.00 will be carried over to the next statement. Commission reports indicating a negative balance due are payable by end of the month the report is issued. Payments due can be paid by check, credit card or Paypal.

a. Agents are paid a 10% override on the commission received by TIX for travel and ticket services sold by any new TIX Agent they directly refer who purchases a TIX Startup Package.
b. Agent is entitled to the following referral fees for the amount TIX receives for the TIX Startup Package through Agent’s referral link:

c. Agents are paid a 10% override on the annual fee collected by their direct referral Agents fees.
d. Additional incentives, prizes, bonus and quick start commissions may be offered periodically.
e. Commissions and overrides are paid on the monthly commission report.
f. Only active TIX Agents in good standing will be entitled to any Team Builder referral compensation.
g. Agents will not make or imply any earnings claims, promises or guarantees (either written or oral) when presenting the opportunity to their prospective agents.
h. Agent must obtain prior written approval from TIX for any marketing materials (including text, print, video) created by the agent that will be used to promote or recruit agents.
i. Agent shall not modify agent recruiting marketing materials created by TIX.

TIX may at times offer non-qualified stock options grants to Agent. There is no cost or obligation to the Agent to participate in the granting of stock options. If offered, Agent will be furnished with a Stock Option Agreement that will set the exercise price and vesting period. There can be no assurance that a public market will exist for TIX stock. The stock option plan can be changed or terminated at any time. Only active TIX Agents in good standing will be entitled to exercise stock options. This is not a solicitation or offer to buy or sell securities.

TIX shall provide Agency with emergency back up support. Agent can give their clients’ TIX’s toll free number and Agent Extension Number when they are unable to accommodate their clients’ calls. TIX shall service Agent’s clients with travel & ticket information, reservations and ticketing. Agent shall be entitled to 25% of the commission on these direct sales. A service fee may be added to the client’s order. Agent is charged $1.00 per call for client’s calling for information only that do not place an order. Agent shall be entitled to use TIX’s 24-hour toll free service for their advertising response. The fee for this optional service is $1.00 per call.  

Agent’s bookings shall be included in TIX’s $1 Million (1,000,000.00) travel agency liability policy (“Policy”) subject to all of the following conditions:  

a) Only reservations made using TIX’s accreditations are covered.  

b) Only payment made to and processed through TIX’s headquarters are covered.

c) Dishonest acts by Agent or their associates are not covered in Policy.

d) Policy may include deductibles, coinsurance clauses, and warranties.

Termination of Agreement will end Policy coverage.

Agent shall pay TIX after receiving funds from their clients.  Agent is responsible for any chargebacks that are the result of credit card disputes. Check payments may require a holding period, credit card guarantee or electronic check.  There is a twenty-five dollar ($25.00) service charge assessed against the Agent for each check returned to TIX for insufficient funds.  

Documents are delivered to the Agent or credit cardholder’s billing address.  Agent is responsible for delivering and confirming receipt of documents to client.  Delivery expenses can be deducted from Agent’s commission or charged to the client.  TIX is not responsible for lost, late or stolen travel documents. 

Agent may at their option and expense offer discounts on travel products, however Agent may not use the name brand or trademark of any travel supplier in any online or offline advertisement or website in relation to a discount or rebate.

Agent is responsible for making reservations directly with travel suppliers or using an optional CRS (Computerized Reservation System like Sabre), TIX Agent site, TIX Consumer Web Site or TIX Agent Only Portal. Agent is responsible for debit memos from airlines or other travel suppliers as a result of their late payments, late exchange documents, late coupons, invalid ticketing dates, improper ticketing procedures (back-to-back tickets, hidden city, etc.), failing to meet advance purchase requirements or reservations made using the wrong fare, ticket designator, fare basis code, etc. or recalled commissions as a result of refunded or canceled airline tickets or other travel arrangements. Reservations that are not booked by computer shall be faxed or emailed to TIX on the proper form or logged into the TIX Agent Only Portal.

If Agent operates, sells or markets in a state that has a Sellers of Travel Law, the Agent agrees to abide by those applicable laws as currently written and/or amended.  It is the responsibility of the agent to check with the applicable government authority regarding these consumer protection laws.

A. Payment: Tickets are pre-paid by credit card or paypal. Agent is responsible for chargebacks that are the result of their client’s credit card disputes.
B. Service Charge: Ticket prices may include a service charge that can be higher or lower than the face value printed on the ticket. Prices can frequently change based upon supply and demand and seating quality.
C. TIX Ticket Buyer: Agent may participate as a TIX Ticket Buyer following the procedures in the TIX Ticket Buyer manual and are paid a per ticket commission based on the current commissions in the TIX Ticket Buyer Manual.
Agent must stay within the ticket buying parameters when making buys. Agent is responsible for all costs that may be incurred if buys are made outside of given parameters.
D. Ticket Purchase: Agent is responsible for the purchase and sale of tickets they purchase for their own account. E. Ticket Broadcasting: TIX will broadcast up to 100 sets of tickets per month to our distribution partner ticket exchanges.
F. Packages: Some sports and entertainment tickets may be bundled with other components and will be considered a travel package.
G. Licensing & Regulations: Agent is responsible for any city, county, state or federal ticket resale permits, licenses, bonding and/or registration requirements and expenses related thereto. Agent agrees to comply with all local, state and federal ticket resale laws, if any. Ticket resale laws are subject to change.
H. Consignment: Agent may consign tickets to TIX under the TIX Consignment Program and agree to the TIX Consignment Agreement. TIX makes no guarantees that consigned tickets will sell.
I. Bots: Agent is not authorized to use automated software or bots to purchase tickets, as this may be illegal in many states, provinces and countries.

A. Age: Agent is of legal age to enter into binding contracts in their state of residence.
B. Assignments: Agent shall not assign or transfer this Agreement.
C. Notices: Any notice shall be sent by certified first class mail to the address of the Agent as specified on the Application; notices to TIX shall be sent to: PO Box 1595, Oldsmar, FL 34677 USA.
D. Representations: Agent represents to TIX that there have been no misrepresentations in the Application or other information Agent submits to TIX. Agent authorizes TIX or its agents to investigate Agent’s background and request a consumer report from a credit bureau or others in connection with the processing of Application and any resulting account.
E. Waiver: The failure of TIX to exercise its waiver or forbearance of any right or privilege under this Agreement shall not be construed as a subsequent waiver or forbearance of any such term or condition.
F. Severability: If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions will not be impaired thereby.
G. Integration: There are no verbal promises, implied promises, agreements, stipulations, representations or warranties of any kind or nature except those set forth in writing in this Agreement. This Agreement may be modified only by mutual agreement of the parties, executed in writing.
H. Liability: Neither party shall be liable for any debts, accounts, obligations, torts or other liabilities of the other party, or of that party’s agents or employees, except as this Agreement may otherwise provide. Agent shall indemnify and hold harmless TIX, against any and all liabilities, which Agency may cause or incur, that are contrary to the express provision of this Agreement.
I. Preservation of Reputation: Agent will so conduct and operate its business and performance under this Agreement so as to preserve the business integrity, reputation, and good will of TIX; and Agent shall refrain from all activity involving any risk of bringing the name or names used or owned by TIX into disrepute or causing other harm thereto.
J. Disputes: This Agreement is deemed to have been entered into and will be construed and interpreted in accordance with the laws of the State of Florida. Agent agrees to and submits Florida jurisdiction over any and all disputes arising out of this agreement or the relationship with TIX.
K. Technology: TIX is not responsible or liable for any direct or indirect loss of business or inconveniences resulting from all functions, failures, downtime or maintenance of any hardware, software, webpage hosting, telephone lines, intranet or internet. All computer hardware and software is provided by third party vendors or suppliers and is not the responsibility of TIX. Neither party shall be responsible for down times, delays, software failures or nonperformance caused by acts of God or government authority, strike or labor disputes, breach of contracts by supplies, or any other cause beyond the reasonable control of that party.
L. Customizations: TIX will provide a reasonable amount of time to customizing a website, blog site and logo for the Agent. TIX will provide up to three revisions for the initial website, blog site and logo. Additional revisions will be subject to additional costs that will be provided before any work is initiated. The standard website is included with the Startup Package. Additional pages can be provided at an additional charge that will be provided before any work is initiated.
M. Items and services depicted in the Infokit brochure, website and agreement are subject to change upon 30 days written notice.
N. Customer Ownership: All customers introduced to TIX by Agent shall remain the property of the Agent. Customers introduced to Agent by TIX shall remain the property of TIX.
O. Entire Agreement: This Agreement contains the entire agreement of the parties. There are no representations either oral or written, except those contained in this Agreement.

Agent shall pay to TIX a one-time enrollment fee in U.S. currency as outlined in the TIX Agent Application. Such fee is due and payable upon execution of this Agreement. There is a $95 annual fee for membership in the TIX Agent Network which includes maintaining Agent’s website, blog site, support and other services and active status. The annual fee begins on the one year anniversary following IC enrollment date.

 
Agent shall be entitled to a full refund if their Application is not accepted. Membership fees are non-refundable.

This agreement shall become binding and effective upon TIX’s acceptance. This agreement shall remain in force for a period of one year unless it is terminated by either party according to the terms of this agreement. This Agreement will automatically renew annually. Agent may cancel at anytime upon written notice. The annual fee will be deducted from the commission statement. If there are no commissions the fee will be charged to the Agent’s credit card on file. Agent is responsible for maintaining a valid credit card with a valid expiration date on file at all times the agent remains in active status.

In the event Agent shall fail to comply with any of the terms of this Agreement, TIX may immediately terminate this Agreement by written notice to Agent, and TIX will be entitled to recover and or offset any damages suffered as a result thereof. The following shall justify termination: a) Misrepresentation, Dishonesty, Fraud, Unprofessional Activities and Inappropriate Conduct of Agent, Violation of ethics which could be damaging to the profitability, image and integrity of TIX, b) Incapacity due to illness on part of Agent to perform their duties, c) Failure to comply with Federal, State or Local laws, d) Agent’s checks are returned three times for insufficient funds, e) Agent fails to pay any amount owed to TIX within fifteen (15) days after notification that the amount is legally due, f) Death of Agent, g) Willful or negligent breach of duty by Agent in course of their performance under this Agreement. Should Agent be terminated for any of these reasons or any other unlawful act, the Agent will forfeit all unpaid commissions, residuals, overrides and referral fees.
Obligations of Agent upon Termination: In the event of termination or non-renewal of the Agency, Agent shall immediately upon the effective date of termination or non-renewal: Discontinue the use and practice of any and all of TIX’s proprietary and confidential information including any use of the TIX name and/or logo and Agent shall cease from representing to the public and trade contacts that Agent is affiliated with TIX.

Obligations of Agent upon Termination: In the event of termination or non-renewal of the Agency, Agent shall immediately upon the effective date of termination or non-renewal: Discontinue the use and practice of any and all of TIX’s proprietary and confidential information including any use of the TIX name and/or logo and Agent shall cease from representing to the public and trade contacts that Agent is affiliated with TIX.  

Your continuing on the website confirms that you have read, understand and agree to be bound by the terms and conditions of the agreements set forth in this document. The individual submitting this form certifies he/she is authorized to execute these agreements.