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Terms of Service

I understand I am an independent contractor of Gateway Travel Corporation and its affiliates
Gateway To Magic and Gateway To Magic Travel, hereinafter in this document known as the
Travel Agency and myself as the home based or office based travel agent hereinafter known as
the Independent Contractor.

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I am entering into this 12-month contract from the date of contract being electronically signed
and sent on this date. The Travel Agency hereby retains the Independent Contractor to act as an
independent outside salesperson and the Independent Contractor agrees to act in such a capacity
on behalf of the Travel Agency for a period of 12 months from dated contract. At the end of that
period, the contract shall automatically be extended for an additional 12 months, unless either
party serves the other with written notice of his intention not to renew 30  days prior to contract
renewal. 


Payment will be made each month for 12 months based on the agreed upon plan and price as
well as additional options requested by the Independent Contractor in his contract.

Duties of Independent Contractor

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The Independent Contractor is hereby retained by the Travel Agency as a self-employed business
person to sell travel and travel services to the public on behalf of the Travel Agency.

Independent Contractors Commission Compensation

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The Independent Contractor shall be entitled to the agreed upon percentage of the gross
commissions received by the Travel Agency for sales of travel or services by the Independent
Contractor upon signing this contract. Commissions will be paid based on the package selection
chosen by the Independent Contractor in enrollment paperwork.

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Commission Tiers For Total Commission Volume

All commission tiers for an experienced agent will be based on the agent’s current experience
and previous years production. This agreement will be reached by Gateway Travel and the
Independent Contractor for the period of one year and will auto renew unless the Independent
Contractor cancels the membership 1 month prior to the renewal date.

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Method of Payment

The Independent Contractor shall be paid on a monthly basis by the above named Travel Agency.
This payment will be for commissions earned and received by the Travel Agency in the prior
month. The Independent Contractor will be paid for completed client bookings, where the clients
have completed their trip, and the Travel Agency has been issued payment by the supplier. The
Travel Agency will direct deposit payment to the Independent Contractor in the appropriate
amount earned by the Independent Contractor, less any expenses attributed to those sales by the
Travel Agency. Travel Agency shall report gross earnings (greater than $600.00) to the IRS using
a 1099 form. Travel Agency is entitled to see what bookings are being made in the name of the
agency.

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Provide Own Business Supplies and Be Responsible for Own Expenses

Independent Contractor shall provide his/her own business cards and other promotional materials
and shall otherwise be responsible for all expenses incurred in performing his duties under this
Agreement.

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Place of Work

The Independent Contractor may choose where the work is to be performed, is not required to
work on the premises of the Travel Agency, and is not required to answer the phones, or perform
any other duties at the Travel Agency’s offices. 

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Hours

Independent Contractor may work whatever hours he/she wishes. There are no fixed hours
required by the Travel Agency. The Independent Contractor shall is encouraged to attend training
sessions of suppliers offered by Gateway Travel.

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Risk of Loss/Profit Potential

Independent Contractor takes full responsibility and assumes the risk of incurring a loss if his/her
share of sales commissions does not cover the Independent Contractor’s expenses. Similarly,
Independent Contractor enjoys the right to earn a profit yielded by commissions shared pursuant
to this Agreement.

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Probation

When the Independent Contractor signs up for a membership with Gateway Travel they will be
put in an automatic probationary period until their phone interview with Gateway Travel’s new
agent support team is completed. During this period, the Independent Contractor is still
considered an active agent with Gateway Travel. If the Independent Contractor does not
schedule or speak with a member of Gateway Travel’s new agent support team in a period of two
weeks the Independent Contractor will still be responsible for membership payments until a call
has been schedule and a new agent support team member has spoken with the Independent
Contractor.

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Training

The Independent Contractor will be required to go through the proper methods of training
approved by the Travel Agency before access to certain areas of the agent website or suppliers
will be granted.

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No Entitlement to Vacation or Other Benefits as Independent Contractor

As a self-employed individual, the Independent Contractor shall not receive or earn any vacation
or sick pay from the Travel Agency and is not covered under the agency’s medical or dental plan.

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Website Purchase

If the Independent Contractor purchases a monthly or yearly website contract with Travel
Agency, the Independent Contractor is required to fulfill all payments for the term of the
agreement, which is set at one year. The Independent Contractor must give advanced notice of
one month, prior to his or her canceling of the website.

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Ability to Hire Assistants

Independent Contractor retains the right to employ whatever assistants or bring in whatever
partners he/she may require at Independent Contractor’s expense in an administrative capacity,
contemplated by this Agreement. These assistants may not negotiate with travel suppliers on
behalf of Travel Agency, nor sell travel, unless they are also contracted with agency.

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Sub-Agents

Independent Contractor has the right to hire sub-contractors under his or her own business. The
Independent Contractor however, must abide by the rules and guidelines set forth by Travel
Agency. These guidelines include, but are not limited to, one year contracts paid by the
Independent Contractor must be paid whether or not the sub-contracted agent fulfills his or her
commitment to the Independent Contractor. If broken, the remaining fees will be taken out of
commissions from sub-contracted agent and Independent Agent. Travel Agency maintains the
right to contact, work with, and help sub-contracted agent on behalf of the Independent Agent
based on the services provided by Travel Agency.

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Independent Contractor Shall Be Responsible For Filing of Federal, State, and Local
Estimated Payments on Commissions Received From Travel Agency

Independent Contractor agrees to be fully responsible for complying with all federal, state, and
local laws in connection with performance of this Agreement, including, but not limited to,
payment of any estimated or other federal, state, or local income taxes, payment of applicable
charges for social security, FICA, worker’s compensation, obtaining any required state or local
licenses, registration as a self-employed seller of travel/independent contractor, outside
salesperson, or any other sub-contracted legal details not mentioned in this contract. Independent
Contractor agrees to indemnify and hold Travel Agency harmless for any assessments against
Travel Agency because of any failure by Independent Contractor to properly pay federal, state, or
local income taxes (including estimated tax payments) and file returns in connection therewith,
or to pay social security, FICA, or worker’s compensation, or violate any of the sub-contractor
laws and rules in the local, state, municipal, and federal government.

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Ownership of Customers

The parties acknowledge that all customers of the Independent Contractor are and shall remain
the property of the Independent Contractor. If the Independent Contractor shall cease to be
associated with the Travel Agency for any reason, all customers of the Independent Contractor
shall be free to continue doing business with the Independent Contractor independently, or
through any Travel Agency including this agency.

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Covenant Not to Compete

You agree that at no time during the term of your employment with the Company will you
engage in any business activity which is competitive with the Company nor work for any
company which competes with the Company. 

​

For a period of one (1) year immediately following the termination of your employment, You
will not, for yourself or on behalf of any other person or business enterprise, engage in any
business activity which competes with the Company within the United States of America.

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Non-solicitation

During the term of your employment, and for a period of one (1) year immediately thereafter,
You agree not to solicit any employee or independent contractor of the Company on behalf of
any other business enterprise, nor shall you induce any employee or independent contractor
associated with the Company to terminate or breach an employment, contractual or other
relationship with the Company.

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Soliciting Customers After Termination of Agreement

For a period of one (1) year following the termination of your employment and your relationship
with the Company, You shall not, directly or indirectly, disclose to any person, firm or
corporation the names or addresses of any of the customers or clients of the Company or any
other information pertaining to them. Neither shall you call on, solicit, take away, or attempt to
call on, solicit, or take away any customer of the Company on whom You have called or with
whom You became acquainted during the term of your employment, as the direct or indirect
result of your employment with the Company.

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Injunctive Relief

You hereby acknowledge (1) that the Company will suffer irreparable harm if You breach your
obligations under this Agreement; and (2) that monetary damages will be inadequate to
compensate the Company for such a breach. Therefore, if You breach any of such provisions,
then the Company shall be entitled to injunctive relief, in addition to any other remedies at law or
equity, to enforce such provisions.

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Severable Provisions

The provisions of this Agreement are severable, and if any one or more provisions may be
determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions
and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding
and enforceable.

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Termination of Agreement

This Agreement is terminable prior to its expiration at the will of either party for the following
reasons:
a. The death of the above named Independent Contractor.
b. If the Travel Agency feels the agent is representing the agency in a way that is detrimental
to the agency or its travel agents, or is unable to effectively sell travel.
c. The Travel Agency has full authority to end the contract at any time for any reason.

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Effect of Termination on Compensation

In the event of the termination of this Agreement prior to the completion of its term specified
herein, the Independent Contractor shall be entitled to the commission compensation earned by
him/her prior to the date of termination as provided for in this Agreement computed pro rata up
to and including that date at a rate of 50%. If the Independent Contractor Terminates the contract
with Travel Agency, the Independent contractor will pay the early termination fee of $149.00 and
half of the remaining balance if a paid tier plan is chosen. If the Independent Contractor does not
pay the fees stated above, commission will be held until payment is completed.

​

Remedies

Any controversy or claim arising out of or relating to this Agreement shall be settled by the
courts of Huntington County, Indiana.

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Legal Attorney’s Fees & Related Costs

If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement,
the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary
disbursements in addition to any other relief to which he may be entitled.

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General Provisions

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions shall nevertheless continue in full force without being
impaired or invalidated in any manner.

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Law Governing Agreement

This Agreement shall be governed by and in accordance with the laws of Indiana.

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Agreement Change or Waiver

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.

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Fees

The Independent Contractor agrees to pay all fees he/she signs the contract for and enrolls in. If
the agent does not pay for the fees agreed to during the sign up process, the agent will be subject
to collections and contacted by a collections agency.

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Renewal Information

All optional fee’s will be on a monthly subscription for 12 months or one year dependent on the
agent’s contractual choice and will follow contract renewal guidelines.


Consent to Electronic Record

Gateway Travel offers the opportunity to enter into its Independent Contractor Application and
Agreement (the “Consultant Agreement”) in electronic format.


E-SIGN, the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et
seq.), requires that you indicate your consent to entering into an electronic agreement. Please
read the following information carefully. If you enter into an online Consultant Agreement, you
will not be required to submit a paper application. The entire agreement between you and
Gateway Travel will be in the form of an electronic record. To enter into the Consultant
Agreement, you must electronically acknowledge that you agree to the Consultant Agreement
(including its Terms and Conditions) and the policies and procedures. To access these documents
and enter into the Consultant Agreement, you will need the following hardware and software:
• A personal computer (“PC”) with a modem or other Internet access device
• Internet browser software (e.g., Mozilla Firefox or Internet Explorer)
• Adobe Acrobat Reader


Your consent to use electronic records will apply to all agreements and transactions between you
and Gateway Travel Corporation, the Travel Agency. As an Independent Contractor, you may
withdraw your consent to the use of electronic records at any time. However, if you withdraw
your consent, your Consultant Agreement will be automatically terminated. To withdraw your
consent (and thereby terminate your Consultant Agreement), you may notify us of your election
to withdraw your consent. If you prefer, you may notify us of your election to withdraw this
consent by mailing or emailing written notice to


Gateway Travel
Attention: Support
PO BOX 351

Huntington, IN 46750
or email accounting@gatewaytravel.com. During the enrollment process, you will have the
ability to read and retain the Independent Contractor Agreement. By entering into the Consultant
Agreement, you agree that we may amend it (including the Terms and Conditions) at our sole
discretion at any time.

 


Agency Culture

Our goal is to create a virtual atmosphere where Gateway Travel and its partners will thrive in servicing new and current travel agents, as well as new and current clients.  Our goal as a company is to:

Be Creative – Pushing the boundaries of what is “normal” in the travel industry.  Always asking why or why not.

Be Quick – Quick to respond to issues coming from those who we strive to provide the best service and relationships.

Be Reputable – Creating a solid reputation, causing all agents and clients to consistently search you out for answers.

Be Kind – Because we are all human and kindness goes a long way.

Go Play –We believe this is an opportunity for you to take advantage of being in a virtual office!  Play hard while you’re at work!  Take vacations, run errands during work hours, and enjoy life!  If you are achieving 1, 2, 3, and 4 in this list, make sure you take advantage of number 5.  This is, after all, a virtual vacation office.

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Company Policies

Team Environment is a must – You are part of a team.  With that, others are counting on you to fulfill your area of involvement to your best ability.  We strive in hiring the best and most capable people in the industry.   It’s up to you to maintain that standard.

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Communication is number ONE – Communication drives the company and is the most important aspect of your job.  Letting your team know what is wrong or right in your company’s life is essential to fulfilling your call to pushing Gateway Travel to greater heights!

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Failure is not a bad word– As a company, we love trying new things and new ways of fulfilling our job descriptions.  Don’t be afraid of bringing up new ways to fulfill your area of the company and talking those ideas out with the team.  We will always encourage new steps in any direction.

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