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Congratulations on taking the first step to becoming a Travel Bros Dynamic Member! As a Dynamic Member,you will actively participate in the growth of our business and be rewarded for your efforts. Remember, you are not an employee but an Independent Contractor. As such, you are free to build your business the way you want, within legal standards and our policies. Travel Bros may send you text and email messages regarding your Travel Bros business.
Your compensation is in the form of a commission as outlined in the Dynamic Member Compensation Program. Individuals must be at least 25 years old to qualify for the Travel Bros Club Memembership. Your earnings will depend on the membership type and product sales/referrals you make, as well as those made by your referrals, directly or indirectly. Payment of compensation is through commission schedules tied to the sale of memberships and/or products via our site. You do not receive compensation for signing up other Dynamic Members.
You may request a refund of your Dynamic Member activation fee via your Dynamic Member back office: givestream.marketing/support. Include the reason for your refund request. You must receive an email confirmation from us as proof that your request was received on time. Except as provided below regarding the termination of the Agreement, any request must be received within 30 days of the day you activated your Independent Dynamic Member status on our site.
For Puerto Rico Residents: You may cancel this Agreement anytime within 90 days from enrollment, or upon showing the Company's noncompliance with essential obligations or any act or omission adversely affecting your market development interests.
Cancellations must be sent in writing via registered mail. If canceled under these conditions, the Company shall:
(a) Reacquire products in your possession and in good condition at no less than 90% of their original net cost.
(b) Return no less than 90% of the original net cost of any services acquired.
(c) Return 90% of any sum paid for participating in the business.
For Japan Residents: You may cancel this Agreement anytime within 20 days from the date of enrollment.
By clicking "I accept" on the Independent Dynamic Member Agreement terms at signup and including your tax ID number or social security number, if applicable, you agree that this is a valid electronic signature. Your electronic signature confirms that the answers provided during the signup process, past and present, are complete, true, and correct. Additionally, you understand that you may need to submit further documents if you are not a U.S. citizen. THIS IS A BINDING CONTRACT. READ IT CAREFULLY.
This contract is between you and Givestream Marketing LLC, d/b/a "Travel Bros," or the "Company"). The Company may process your payment(s) via one or more entities. Regardless of how your payment was processed, your contractual relationship is with Travel Bros.
1. The term "Agreement" refers to this Independent Dynamic Member Agreement, the Policies and Procedures, the Marketing Materials and Branding Policy, and the Dynamic Member Compensation Program, all incorporated into this Agreement. By entering into this Agreement, you acknowledge that you have read, understand, and agree to the commission structure set forth in the Dynamic Member Compensation Program. This Agreement covers important aspects of your relationship with Travel Bros and any other company authorized by Travel Bros to enter into agreements with or offer products/services through Partners in the Travel Bros sales force.
2. Travel Bros has the right, at its sole discretion, to amend this Agreement, the Dynamic Member Compensation Program disclosure, and product/service prices at any time. Amendments become effective 30 days after publication or notice to you by Travel Bros. Amendments shall not apply retroactively to conduct that occurred before the amendment's effective date. Travel Bros will notify you of amendments via: a) postingon the Travel Bros website; b) email; or c) posting in your Dynamic Member Back Office.
3. While this Agreement is in force, you may use certain Travel Bros trademarks in connection with your marketing activities for Travel Bros. Travel Bros may change or discontinue these trademarks or your rights to use them at any time. These trademarks, including all associated goodwill, are the property of Travel Bros. You agree to use these trademarks only as approved by Travel Bros.
4. You may refer other Partners to join the Travel Bros sales force. This Agreement must be signed by the person you refer to be considered a "Dynamic Member." The only way to earn money from Travel Bros is through the sale of Travel Bros memberships, products, and services. You earn no money for recruiting or referring other Dynamic Members. You are not required to buy a membership plan or any product/service from Travel Bros to represent Travel Bros.
5. Your "Dynamic Member Downline" includes all Dynamic Members whose sales you may be entitled to receive commissions. Travel Bros will keep records of your referred Dynamic Members and client commissions. No Dynamic Member, client, or customer has the right to transfer from/to another Dynamic Member. Travel Bros may transfer Dynamic Members, clients, or customers for good reason (e.g., noncompliance by their direct Dynamic Member with our operational guidelines or regulatory laws).
6. Provided you qualify, you will earn commissions as specified in the Dynamic Member Compensation Program. Commissions are based on the sale of Travel Bros products/services to end consumers. If a refund is issued to a customer and you receive a commission on the refunded product/service, those commissions will be deducted from future commission payments. If you believe errors have been made regarding your commission payments, you must notify Travel Bros in within 30 days of the reported error. Travel Bros is not responsible for errors not reported within this timeframe.
7. Commissions are paid via a third-party payment provider upon completing your first sale of a Travel Brosproduct/service to a customer. Commission payments are processed and handled by a third party as outlined in the Dynamic Member Compensation Program. Applicable account setup fees and funds transfer fees will be withheld from your earned commissions as specified in your agreement with the third-party payment provider.
8. You are an independent contractor, not an employee or officer of any Travel Bros company. As such, you may exercise considerable discretion in conducting your business. You may not enter into any contract, or lease, incur liability/obligation, maintain a bank account, or secure credit in the name of Travel Bros. You understand that you are responsible for your own expenses, including federal and state self-employment taxes. Travel Bros is not responsible for withholding taxes. Travel Bros may periodically change products, services, compensation, and marketing programs.
9. As an independent contractor, you are responsible for paying local, state, and federal taxes on any income you generate as a Dynamic Member. Each year, if your Dynamic Member commissions are $600 or more, Travel Bros will provide you with an IRS Form 1099 MISC (Nonemployee Compensation) earnings statement (U.S. citizens or residents only).
10. You do not need to be active full-time within the Travel Bros sales force. While you are a Travel Bros Dynamic Member, you may not engage in any activity that interferes with Travel Bros business. The indemnification provision includes any harm resulting from your failure to comply with this Section.
11. You will comply with applicable laws, regulations, and licensing requirements if any apply. Conduct your business in an honest, ethical manner; accurately describe the business opportunity and products/services of Travel Bros and its competitors; act in a manner that protects and promotes Travel Bros good will and reputation; and assist in completing applications for Travel Bros products/services honestly and accurately.
12. To promote the Travel Bros Dynamic Member business opportunity and Travel Bros products/services, you agree to use only promotional and advertising materials provided by Travel Bros. You will not develop your own promotional materials. Approved Travel Bros advertising materials are available for download through your Partner Back Office.
13. Except as provided in this Section, you agree not to send unsolicited emails or faxes to promote Travel Bros products/services or the Travel Bros Dynamic Member business opportunity. Use Travel Bros email marketing tools located in your Dynamic Member Back Office, adhering to guidelines to avoid violating state or federal laws. In no event may you send unsolicited faxes.
14. You agree not to engage in telemarketing in promoting Travel Bros products/services or the Dynamic Member business opportunity. You may not use automatic dialing systems or software relative to your Travel Bros business. Additionally, you agree not to place or initiate any outbound telephone call that delivers a prerecorded message (a "robocall") regarding Travel Bros products/services or the Dynamic Member business opportunity.
15. You agree not to register or attempt to register "Travel Bros" or any Travel Bros trademarks, trade names, or product names, or any derivative thereof, for any government trademark or trade name registration, Internet domain name, or email address.
16. When promoting the Dynamic Member business opportunity to prospective Dynamic Member, you agree to:
17.
18. The term of this Agreement is six months from the date of acceptance by Travel Bros, subject to prior termination as provided herein. The Agreement automatically renews for additional six-month terms unless either party notifies the other in writing at least 30 days before the renewal date that it does not wish to renew the Agreement.
19. You may terminate this Agreement at any time, with or without reason, by submitting written notice to Travel Bros at travelclubone.com/support. Travel Bros may terminate this Agreement at any time for cause as set forth in this Agreement.
20. If you:
Such actions may result in corrective measures at Travel Bros discretion, including issuing a written warning, requiring corrective measures, imposing a fine, losing commission rights, suspending the Dynamic Member Agreement, transferring or removing team members, suspending or terminating your Travel Bros website access, or other appropriate measures.
21. If the Agreement is suspended, Travel Bros may withhold commission payments during the suspension. If terminated following suspension, you cannot recover withheld commissions. Any pending bookings will be canceled, and out-of-pocket payments for canceled bookings will be refunded. Reward Points used for canceled bookings will be for eited.
22. Travel Bros reserves the right to terminate all Dynamic Member Agreements upon 30-day notice if it ceases business operations, dissolves as a business entity, or terminates product/service distribution via the Dynamic Member marketing channel.
23. Failure to pay the monthly fee results in Agreement cancellation. If canceled, any Travel Brosproduct/service subscription continues until you cancel the subscription(s). Upon termination, you lose all rights as a Dynamic Member and agree to:
24. If in breach of the Agreement at termination, you shall not receive further commissions, Bonuses, or Cash-back Rewards. Travel Bros may deduct, withhold, set-off, or charge any previously authorized payment methods for amounts owed to Travel Bros.
25. As a Travel Bros Dynamic Member, you have the opportunity to refer other Dynamic Members and earn commissions on their Travel Bros product/service sales. You agree to assist and train such Dynamic Members in operating their Travel Bros businesses, ensuring they do not make improper claims or engage in illegal conduct.
26. If referring another Dynamic Member, you may assist them in completing the Dynamic Member Agreement, but the applicant must personally review and agree to the terms. You may not complete andsubmit the Dynamic Member Agreement on behalf of the applicant.
27. You agree not to induce any Travel Bros Dynamic Member or former Dynamic Member to violate their agreements with Travel Bros.
28. You will indemnify Travel Bros Companies, partners, officers, directors, employees, and any referring Dynamic Member against harm caused by you and against third-party claims arising from your actions. The indemnified party may assert indemnification rights outside of arbitration if involved in third-party proceedings.
29. Your "principal address" is the home address you provided during signup. Inform Travel Bros of any address changes in writing or via the site settings page. Any dispute between you and Travel Bros or between you and another Travel Bros Dynamic Member (if Travel Bros is also involved) will be settled through good faith negotiation or binding arbitration.
30. "Dispute" includes any related to your relationship with Travel Bros that may be submitted to binding arbitration, including breach of contract, personal/business injury, property damage, fraud, and federal, state, or local statute violations. Travel Bros may exercise rights without entering good-faith negotiations or initiating arbitration.
31. (b) U.S. residents will have arbitration in Cumberland County, Pennsylvania. European Union residents will have arbitration in Andorra la Vella, Andorra. Non-U.S. and non-EU residents will have arbitration in Cumberland County, Pennsylvania. Arbitration will be conducted in English with a single arbitrator experienced in network marketing disputes. Each party bears its travel expenses and arbitration costs, including attorney fees. The arbitrator may award costs for frivolous claims or defenses. The arbitrator may award any damages or relief a competent court could. Arbitration aspects will be confidential. Court reviews of awards will consider the arbitration record. The decision is binding and may be reduced to a court judgment. The U.S. Federal Arbitration Act governs interpretation and enforcement. No class actions or private attorney general actions are permitted. Travel Bros and its agents have third-party beneficiary rights to enforce this provision.
32. Notices to Travel Bros must be sent by certified mail, return receipt requested, overnight or courier service, or confirmed email format.
33. Travel Bros and its agents may enforce compliance with restrictive covenants, confidentiality provisions, or trademarks by injunction without arbitration.
34. This Agreement benefits you and each Travel Bros Company. Travel Bros may assign its rights or obligations to others. If assigned, you will look to the assignee for performance. You may not assign this Agreement or your rights/obligations.
35. Additional agreements between you and Travel Bros must be in writing and signed by an authorized Travel Bros officer. Waivers or amendments apply only in specific instances. Even if a part of this Agreement is void unenforceable, the remainder remains enforceable.
36. All Travel Bros records may be preserved electronically or in image form, admissible in proceedings.
37. This Agreement becomes effective when you click the "I Agree" box and become an Independent DynamicMember.
38. This Agreement is governed by Pennsylvania laws.
39. For Louisiana residents, the Agreement is governed by Louisiana laws, and arbitration or litigation will be in Baton Rouge, Louisiana.
40. You authorize Travel Bros to use your name, photograph, personal story, and/or likeness in advertising/promotional materials and waive claims for remuneration.
The electronic signature on the "Signature Screen" during signup or account upgrade confirms acceptance of this Agreement. Our electronic signature is attached to and stored with this document per Section 36.
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