TRAVEL AGENT AGREEMENT

Between Yeti Travel Agency (“Travel Agency”) and Independent Contractor (“Agent”)

Start and Term of Agreement

1. The start of this Agreement shall commence on the date of the Independent Contractor’s purchase of a Yeti Travel Agent Membership. The Travel Agency hereby retains the Independent Contractor to act as an independent outside salesperson, and the Independent Contractor agrees to act in such capacity on behalf of the Travel Agency for a period of one (1) month from the date of Travel Agent Membership purchase. At the end of that period, the contract shall automatically extend on a month-to-month basis.
2. Duties of Independent Contractor. The Independent Contractor is 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.
3. Post-Termination Non-Solicitation. Upon termination of this contract, agents may not contact active Yeti Travel agents, directly or indirectly, with the purpose of soliciting them to another agency or their services. Damages for doing so are agreed to be no less than $2,500 per agent.

Commission Compensation

As compensation for the services rendered under this Agreement, the Independent Contractor shall be entitled to commissions on sales as follows:

1. Base Commission.
   The Independent Contractor shall be entitled to seventy percent (70%) of the Gross Commissions received by the Travel Agency for sales of travel or services made by the Independent Contractor. All expenses relating to these sales shall be borne by the Independent Contractor. Payment shall be made within two (2) weeks after completion of travel by the client, provided that the supplier has paid the commission to the Travel Agency. If the supplier has not yet remitted payment, the commission shall be paid after the Travel Agency receives clear funds. The Independent Contractor shall also be entitled to 70% of Gross Commissions for their own travel bookings.
2. Summit Plus Program Commission Structure.
   If the Independent Contractor is enrolled in the Summit Plus Program and all applicable program fees have been paid in full, the following tiered commission structure shall apply based on total paid commissions earned within a single calendar year:

• 75% commission rate upon reaching $10,000 in total paid commissions.

   

• 80% commission rate upon reaching $30,000 in total paid commissions.

   

• 85% commission rate upon reaching $50,000 in total paid commissions.

   

It is the Independent Contractor’s responsibility to submit a Commission Increase Request to the Travel Agency to have their rate reviewed and adjusted.
Commission levels are reviewed annually. If, in any subsequent calendar year, the Independent Contractor’s total paid commissions do not meet the threshold required to maintain a previously achieved level, the commission rate shall be reduced to the appropriate level for the following year based on actual performance.  Adjusted commission rates will apply to all unpaid commissions moving forward.  

1. Booking Oversight.
   The Travel Agency is entitled to review all bookings made under its name. The Independent Contractor may have suppliers send confirmation emails directly to them but may not alter the email address associated with the Travel Agency’s supplier profiles. The Independent Contractor shall not conduct travel business outside of the Travel Agency or its registered suppliers for commission purposes. Third-party travel companies may be used only when no commission is paid.
2. Method of Payment.
   Within forty-five (45) days of travel completion, the Independent Contractor shall provide the Travel Agency with a statement of commissions earned, accompanied by a Commission Request Form as designated by the Travel Agency. The Travel Agency shall issue a Form 1099 for all commissions paid and remit the Independent Contractor’s net share accordingly.
3. Supplier Registration.
   The Independent Contractor shall not register directly with any supplier without using the Travel Agency’s CLIA/IATA number and obtaining express permission from the Travel Agency. Independent compensation from suppliers is not permitted.

Independent Contractor Responsibilities

• Business Supplies and Expenses:
  The Independent Contractor shall provide their own business cards, marketing materials, and cover all expenses incurred in performing duties under this Agreement.

   

• Place of Work:
  The Independent Contractor may choose where to work and is not required to work on Travel Agency premises or perform office duties.

   

• Hours:
  The Independent Contractor may set their own schedule and is not required to attend office meetings or training sessions.

   

• Risk of Loss/Profit Potential:
  The Independent Contractor assumes the risk of loss if commissions do not cover expenses and retains the right to earn profit based on sales performance.

   

• No Benefits:
  As a self-employed individual, the Independent Contractor is not entitled to vacation, sick pay, or inclusion in the Travel Agency’s benefits programs.

   

• Assistants:
  The Independent Contractor may hire assistants at their own expense, provided that such assistants do not negotiate with suppliers unless separately contracted with the Travel Agency.

   

Taxes and Legal Compliance

The Independent Contractor is fully responsible for compliance with all federal, state, and local laws related to income tax, social security, FICA, workers’ compensation, and licensing requirements. The Independent Contractor agrees to indemnify and hold harmless the Travel Agency from any liability arising from failure to comply with such obligations.

Independent Contractors selling travel to Florida must self-register under the Travel Agency’s Sellers of Travel license annually using the following form:
https://forms.fdacs.gov/10211.pdf

Ownership of Customers

All customers of the Independent Contractor are and shall remain the property of the Independent Contractor. Upon termination, the Independent Contractor’s customers may continue doing business with the Independent Contractor independently or through any travel agency, including Yeti Travel.

Termination of Agreement

Events Causing Termination
This Agreement may be terminated at will by either party. Notification of termination shall be sent by email (Travel Agency: support@yetitravel.com).

Effect of Termination on Compensation
If the Independent Contractor terminates this Agreement, all unpaid or outstanding commissions shall remain the property of Yeti Travel.

Non-Solicitation of Employees and Independent Contractors
During the term of this Agreement and for one (1) year thereafter, the Independent Contractor shall not directly or indirectly solicit or encourage any employee or contractor of the Travel Agency to leave their engagement, nor hire or engage them in any capacity.

Remedies and Legal Provisions

Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. Any disputes shall be settled by the courts of Washington County, Utah.

Attorney’s Fees and Costs
In any legal action arising from this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees, costs, and disbursements.

Partial Validity
If any provision is held invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Complete Agreement
This Agreement represents the full understanding between the parties. No amendment, modification, or waiver shall be valid unless in writing and signed by both parties.