AGENT CONTRACT
I. Introduction
The following conditions are an Agreement concluded between Universe Travel (hereinafter: Company) on the ITBP - Integrating Travel Business Platform and independent commercial partner distributor, agent, travel agent, travel agency, tour operator, organization (hereinafter: Distributor).
Universe Travel provides services and enters into a business relationship solely on the basis of a Distribution Agreement.
The Affiliate Agreement and the Remuneration Plan (marketing plan) are an integral part of the Distribution Agreement. These three documents, in their current form, together with any subsequent changes, constitute the entire binding agreement and agreement between Network Marketing agents and Universe Travel and its Partners on the platform www.universe-travel.com, without which Universe Travel will not enter into business and contractual relationships with future distributors. The explicit adoption of these three documents when registering on the platform website is also mandatory for those distributors who are already in contractual and business relations with Universe Travel.
Failure to comply with any of these documents may result in termination of the Agreement. If any part of the Agreement or any document published by the Company is declared invalid in court, the rest of these rules, statements or documents remains in full force.
II. Subject of the contract
The company sells services and goods through a network of distributors. The distributor acts as an information intermediary and provides advice on the goods and services of the Company to potential and existing users of the Company.
A distributor receives remuneration for his services, without an obligation to purchase services.
The conditions for obtaining the status of a distributor are registration on the website www.universe-travel.com or network.universe-travel.com, acceptance of this Agreement, and the acquisition of one of the packages / members of the Company’s services.
III. Independent Contractor Status
All distributors are independent contractors engaged in their own independent business activities. Distributors are not considered employees, are not considered buyers of franchise rights, just as the Agreement between the Company and its distributors does not fix the relations of the employee / employer, organization / company, does not create a partnership or joint venture.
The distributor is solely responsible for complying with relevant legislation, including tax law and social insurance (for example, for obtaining a VAT identification number or registering his employees with social insurance authorities, and also, if necessary, for obtaining a license for his type of activity). Thus, the distributor gives assurance to the Company that he will properly pay all taxes, contributions and fees on all his income received in the framework of his activities.
The company reserves the right to deduct from the due fee the amount equal to taxes, fees and charges, if required by law or regulation. The company does not pay any contributions to the social insurance authorities for its distributors.
Distributors are strictly prohibited from declaring directly or indirectly, either orally or in writing, that their relationship with the company is other than the above.
Each distributor relieves the Company of liability for any claims, as well as damage or obligations resulting from the use of such business methods by the distributor. Distributors are not entitled to bind the Company with any obligations.
Each distributor is free to set his working hours and determine his methods of sales and marketing activities, if this does not contradict the terms of the Agreement.
In order to become a distributor of the Company, the distributor must have reached the age of majority adopted in his country of residence.
The company is entitled to immediately terminate the contract with the distributor without prior notice.
IV. Distributor rights and obligations
A distributor is not required to purchase company services.
Distributors of the Company are entitled to invite other persons and involve them in their organization in the territories of this country, as well as in other countries where the Company is officially represented.
The distributor must ensure that third parties do not have access to their passwords and registration data.
In the framework of his activities, the distributor is prohibited from violating the rights of third parties, disturbing them, violating applicable law. The ban on sending unsolicited advertising messages sent without the consent of the recipients applies to sending messages by e-mail, as well as sending advertising faxes, sending advertising messages and making advertising calls, including using automatic devices. Abuse or unlawful acts, such as the use of inconsistent or unfair advertising, are prohibited. A distributor, in particular, is prohibited from making false or misleading statements about the services of the Company or the distribution system of the Company.
In addition, the distributor is prohibited from advertising and / or marketing competitors' products (services).
The distributor is also not allowed to sell the products and services of other companies to other contracted distributors of the Company or users of the Company. If the distributor works simultaneously with several companies that are not competitors of the Company, he is obliged to organize his activities (as well as the activities of his descending line) in such a way that there is no confusion or combination of the Company's activities with activities carried out for other companies. In addition, the distributor is prohibited from recruiting other distributors for the sale of products or services of other companies.
Distributor is required to maintain absolute confidentiality with respect to trade secrets and the structure of the Company. Trade secrets include, but are not limited to, information on downstream activities, such as earnings opportunities. This obligation remains valid after the termination of the distribution agreement.
Advertising of the Company's services over the Internet is permitted only with the use of advertising materials and advertising content provided by the company. If the distributor advertises the services of the Company in other media, then he is also allowed to do this only on the basis of the official advertising content provided by the Company.
In addition, the distributor may also present services at fairs and exhibitions, after the prior written consent of the Company. However, in this case there is a limitation that the distributor is not entitled to offer competitors' products at these events.
It is not permitted to sell the Company's services and goods at auctions, public or private, in exchange networks, in trading houses, on market portals on the Internet (for example, on eBay, Amazon) or similar points of sale.
As part of his activities, the distributor is not entitled to create the impression that he is acting on behalf of or on behalf of the Company, or to create the impression that he is dependent on the Company or is obliged to follow its instructions. The distributor has no right to accept cash and has no right to make any statements on behalf of the Company or to assume obligations. As part of marketing activities, the distributor should refrain from any methods of unfair trading. A distributor must appear to be an independent and independently operating distributor of Universe Travel. Internet pages, postal paper, business cards, announcements, advertising materials and the like should contain an indication of the sole responsibility of the distributor, and the wording “Independent commercial partner of the Company” should be used in these materials.
In addition, the distributor is prohibited on behalf of the Company from submitting requests for loans and taking loans, making expenses, accepting obligations, opening bank accounts, entering into other agreements or making any other binding expressions of will. The use of the company name, brands, trademarks and commercial designations (hereinafter: "designations") of the Company is also permitted only after direct written consent. This applies to the registration of Internet domains and email addresses containing some typical Universe Travel designation in any written form. The Company has the right to demand the destruction of Internet domains or e-mail addresses containing some kind of “designation” of Universe Travel, which have not received written permission to use from the Company, and also has the right to demand their transfer. In this case, the cost of transferring the transmitted Internet domain is borne by the Company.
A distributor is not entitled to respond to requests from the press regarding the Company, its services, remuneration plan and other elements of the Company. The distributor is obliged to immediately forward all requests to the press towards the Company.
The transfer of the distributor to another mentor is possible only with the written permission and confirmation of the authorized persons of the administration of the Company.
A distributor is not entitled to transfer his sales structure, except in cases where there is a special reason, the assessment of which is given solely at the discretion of the Company, and if the Company has given prior consent to the transfer in writing. In this regard, the Company has the right to reject, at its discretion, the planned transfers.
Any cooperation and agency distribution agreement can be terminated immediately with the distributor by the decision of the company without giving a reason if such a distributor at that time worked or represented himself anywhere else, as a representative, employee, consultant or other member of a competing organization.
V. Payment of fees
Bonuses and additional rewards are paid only after acceptance of the terms of the Agreement.
Any remuneration payments are determined by the Remuneration Plan in force at the relevant time.
The minimum amount payable is twenty dollars ($ 20.00) or another amount in accordance with the requirements of any country where the Company operates. If the amount earned is less than the minimum, it will accumulate until it exceeds twenty dollars ($ 20.00).
There are possible fees for processing data (accrual of fees, booking tours, customer support, etc.) in the amount of one dollar and fifty cents ($ 1.50) will be charged on all fees for each reporting period.
Errors in the payment of fees and other payments The Company must be notified by the distributor in writing within 30 days from the date of the erroneous payment. After this period, remuneration or other payments are considered approved. Any remuneration to distributors can be canceled by the decision of the company without giving a reason, if the distributor violates the above rules and regulations of the company.
VI. Distributor Termination
1. Any distributor may voluntarily renounce his status without renewing it, when required, by sending a written notice to the Company. Termination of cooperation takes effect upon receipt of such notice.
2. The company reserves the right to temporarily block the distributor's access to the system at any time when it is believed that the distributor could violate the provisions of the Agreement. The company will notify the distributor by post and / or e-mail sent to the address indicated in his account. In case of violation of the terms of the Agreement, the Company has the right to block without prior warning.
For the period of the investigation during the suspension, any rewards or bonuses that are payable will be deferred until the Company makes a final decision.
3. If the violation is deemed unreasonable, the suspension shall be canceled and any rewards or bonuses credited to the distributor's account.
4. The distributor's activity may be terminated if he violates any of the conditions of the Agreement. A notice of termination of cooperation, indicating the reasons (s) for this, is provided to the distributor in writing and is delivered by post or email.
5. A distributor whose activity was terminated by force may appeal this action by sending a letter to the Company indicating the grounds for appeal within 10 (ten) days from the date of notification of termination of cooperation.
VII. Trademark, literature and advertising
1. The name Universe Travel, as well as company logos, the name of all products, services and programs of the Company are trademarks and belong to the Company. Only the Company has the right to produce and market products and literature under these trademarks. This includes: sites, slides, brochures, videos, domain addresses, as well as educational and / or marketing materials and all promotional materials, including, but not limited to, clothing, accessories, badges, magnets, etc. The use of the name Universe Travel on any subject or digital material not produced or authorized by the Company is prohibited.
2. The Distributor acknowledges that any right to use the Company's trademarks and copyrighted materials is not exclusive, and the Company has the right, at its discretion, to grant others the right to use these trademarks and copyrighted materials.
3. Distributors are liable to the Company for any damage caused in any form due to improper use of commercial names, trademarks, service marks, copyright and other intellectual property rights.
4. Distributors shall not have the right, without official permission of the company, to use the commercial name of the Company, the logo in advertising their telephone or fax numbers in the yellow pages section of telephone directories, or the telephone database on the Internet, without appearing as independent distributors or independent contractors. Also, the distributor has no right to create websites, pages on social networks, ads and media content (audio, video, etc.) using the name and symbols of the Company.
5. Independent distributors are not permitted to produce their business cards or letterhead using the Company name or trademark without the written approval of the Company.
6. The distributor grants the company free of charge the right to record photo and / or audiovisual materials with its image, voice, sayings and quotes in its role of distributor. Thus, accepting the terms of the Agreement, the distributor expresses his consent to the publication, use, reproduction and amendment of his quotes, pictures and records.
VIII. Limitation of liability for damage
1. The company is liable for damage - other than damage to life and health - only if it was caused by intentional or grossly reckless actions, or a violation of a material obligation under the Agreement (for example, payment of a commission fee) on the part of the company, its employees or persons acting on her behalf. This also applies to damage resulting from a breach of duties in negotiations on the conclusion of the Agreement, as well as to damage resulting from unlawful actions. Any liability for damages beyond this is excluded.
2. Liability - in addition to harm to life and health, or through intentional or grossly reckless actions on the part of the Company, its employees or persons acting on its behalf - is limited to damage that could have been foreseen as typical at the conclusion of an agreement of this type, and in size, it is limited to the average amount of damage characteristic of contracts of this type. This also applies to indirect damage, in particular to lost profits.
3. The Company, regardless of the nature of the damage, shall not be liable for damage resulting from loss of data on the servers, except in cases of fault due to grossly careless or willful actions on the part of the Company, its employees or persons acting on its behalf.
IX. Final provisions
1. In order to maintain a viable program of activities and in accordance with changes in laws, as well as in the current economic climate, Universe Travel reserves the right to amend the terms of the Agreement and the Remuneration Plan from time to time. All changes take effect after they are published on the official website of the company. In the event of an objection, the distributor has the right to terminate the Agreement at the time when the amended or additional conditions enter into force.
2. The contract is automatically canceled (after 10 days) after the expiration of the validity of the company’s service package selected upon registration by the distributor.
3. All disputes and claims relating to the rights and obligations of the distributor or any claims or grounds of claims related to the activities of the distributor of the Company, in accordance with this Agreement, are fully and finally resolved in accordance with applicable US law.