Legal documents
Agreement with Partners and Agents
This Agreement outlines the mutual rights, responsibilities, ethical standards, and marketing rules for Partners (under the categories of "Agent" and "Supplier") within the commercial framework of the GlobTravLink platform, owned and operated by Universe Travel & Business (hereinafter referred to as the "Company").
1. INDEPENDENT CONTRACTOR STATUS AND FINANCIAL OBLIGATIONS
1.1. The Agent and Supplier acknowledge and agree that their legal status is that of an Independent Contractor under United States law (IRS Tax Form 1099). This Agreement does not create an employment relationship, labor contract, joint venture, or classic agency representation between the Company and the Partner.
1.2. The Partner independently manages their working hours, promotional strategies, and bears sole, exclusive responsibility for the payment of all federal, state, and local taxes, fees, and contributions applicable within their jurisdiction.
1.3. Partners are strictly prohibited from signing financial contracts, providing legal guarantees, or assuming liabilities on behalf of the Company.
1.4. Commission Clawback Policy: If a Client procured by an Agent initiates a credit card dispute (Chargeback) or cancels a booking resulting in financial losses to the Company, the Agent is obligated to return 100% of the commissions paid for that transaction. The Company reserves the right to automatically deduct these funds from the Agent's future earnings.
1.5. International Taxation and Form W-8BEN: Agents and Partners who are not US residents or citizens acknowledge that they are solely responsible for declaring and paying taxes in their country of residence. To receive commission payouts from the US-based Company, non-US residents agree to provide a completed W-8BEN form upon request, certifying their foreign status and lawfully exempting the Company from US backup withholding tax. (Form W-8BEN)
2. MARKETING RULES AND INCOME CLAIMS RESTRICTIONS (FTC COMPLIANCE)
2.1. In compliance with the United States Federal Trade Commission (FTC) standards, Agents are strictly prohibited from guaranteeing potential network participants a fixed income, return on investment, or promising free travel as a guaranteed consequence of joining the program. Any display of checks, bonuses, or prospective financial results must be accompanied by the Company’s official Income Disclosure Statement (Disclaimer).
2.2. Advertising and Media Requirements: When generating images, banners, and graphics for the Platform gallery, social media, or printed flyers, the Agent must strictly adhere to the Company's visual guidelines. Specifically, a central frame in the upper section of any generated image must remain completely empty and free of graphics to allow for the subsequent overlay of automated system text by the Company.
2.3. All promotional offers, marketing campaigns, and special terms windows (including promotional agency memberships), whether valid strictly during specified dates or designated as perpetual, are established exclusively by the Company. Agents are forbidden from altering, extending, or misrepresenting the validity terms of these promotions to Users.
3. ANTI-SPAM COMPLIANCE AND TELECOMMUNICATIONS REGULATIONS (TCPA & CAN-SPAM)
3.1. The Agent agrees to strictly comply with the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act of the United States. It is strictly forbidden to conduct cold calls utilizing automated dialing systems, deploy robocalls, or transmit mass unsolicited SMS text messages or email SPAM to promote the Platform's cruises, tours, or to recruit new participants.
3.2. Violation of marketing guidelines shall result in the immediate and permanent termination of the Agent's account, forfeiture of all accrued bonuses, and the transfer of all associated government fines levied against the Company to the violating Agent.
4. NETWORK PROTECTION AND ANTI-CROSS-SPONSORING (NON-SOLICITATION)
4.1. During the term of this Agreement and for a period of one (1) year following its termination for any reason, the Agent is strictly prohibited from directly or indirectly soliciting, recruiting, or inviting other Agents, Users, or Suppliers of the GlobTravLink platform to join any third-party multi-level marketing (MLM) programs, travel clubs, or competing entities.
4.2. Violation of this section constitutes grounds for immediate account termination, complete freezing of payouts, and the Company’s right to pursue legal remedies for damages and lost profits in court.
5. RETAIL SALES STANDARD (THE 70% RULE) AND GROUP INVENTORY BLOCKS
5.1. Pursuant to US anti-pyramid regulations, at least 70% of the aggregate sales volume within an Agent's network structure must be generated by retail purchases from actual Clients (Tourists) who are not network participants or Agents. Commissions for recruitment alone, absent bona fide travel product sales, are prohibited.
5.2. When organizing and coordinating large group bookings (including fixed allocations from 8 cabins on cruise ships or other vessels, group camping trips, group tours, or customized travels), the Agent acting as the group leader or group organizer must strictly adhere to the internal deposit schedules. Any cancellation penalties imposed by the cruise lines or Suppliers for unsold inventory allocations shall be passed on to the responsible Agent in full.
6. SUPPLIER AND GUIDE REGULATIONS
6.1. The Supplier (including independent tour guides) warrants that they possess all necessary licenses, commercial general liability insurances, and local permits required to lawfully execute the listed services within their region. The Supplier assumes exclusive legal liability for Client safety during program execution.
