TraVerus Terms of Agreement

By submitting my personal information and becoming a TraVerus Travel Independent Travel Agent, I certify that I am of legal age (the age of majority) for the state in which I reside. I have carefully read the terms and conditions below, the Traverus Travel Policies and Procedures, and the Traverus Travel Compensation Plan, and agree to abide by all terms set forth in these documents. I understand that any intentional misrepresentation of any information I provide on this Agreement (including my Federal Taxpayer Identification Number) may result in action by Traverus Travel, up to and including, termination of this Agreement. I have not been a Traverus Travel Agent, or a partner, shareholder, or principal of any entity having a Traverus Travel business within the past six months. I understand that I have the right to terminate my Traverus Travel independent business at any time, with or without reason, by sending written notice to the Company address listed below.

Terms and Conditions

For Associate Agents:

I understand that I am able to sell and receive a one time commission on my personal sales of TraVerus's Certified Travel Agent Packages, and the Referral Travel Consultant Packages.
I understand that as an Associate I will not receive residual bonus commissions and will not be part of the TraVerus Travel Agent Residual Commission Program.
I understand that I may have a personalized TraVerus web site for an additional $19.95 per month.
I understand that there is an annual membership fee of $40 if I continue as a TraVerus Associate Agent, and that I may upgrade my status with the company at any time by purchasing one of TraVerus's Travel Agent Packages for either $149.95 for the Referral Travel Consultant Package or $399.90 for the Certified Travel Agent Package.

For Referring Travel Consultants and Certified Travel Agents:

I understand that as a Traverus Travel Referring Travel Consultant, or Certified Travel Agent.
1. I have the right to purchase products and services from Traverus Travel at Agent Prices.
2. I have the right to offer for sale Traverus Travel products and services in accordance with these Terms and Conditions.
3. I have the right to enroll persons in Traverus Travel.
4. I will train and motivate Agents in my downline marketing organization.
5. I will comply with all federal, state, county and municipal laws, ordinances, rules, and regulations, and shall make all reports and remit all withholdings or other deductions as may be required by any federal, state, county or municipal law, ordinance, rule or regulation.
6. I will perform my obligations as a TraVerus Travel Agent with honesty and integrity.
7. I will only use the sales contracts and order forms that are provided by Traverus Travel for the sale of its goods and services, and I will follow all policies and procedures established by Traverus Travel for the completion and processing of such contracts and orders.
I agree to present the Traverus Travel Marketing and Compensation Plan and Traverus Travel products and services as set forth in official Traverus Travel literature.
I agree that as a Traverus Travel Agent I am an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of Traverus Travel or Traverus Travel Network. I am not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of Traverus Travel. I understand that I shall control the manner and means by which I operate my Traverus Travel business, subject to my compliance with these Terms and Conditions, the Traverus Travel Policies and Procedures and the Traverus Travel Marketing and Compensation Plan (all of which are collectively referred to as the "Agreement"). I agree that I will be solely responsible for paying all expenses incurred by my self, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF TRAVERUS TRAVEL, FOR FEDERAL OR STATE TAX PURPOSES. Traverus Travel is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind, unless such withholding becomes legally required. I agree to be bound by all sales tax collection agreements between Traverus Travel, and all appropriate taxing jurisdictions, and all related rules and procedures.
I have carefully read and agree to comply with the Traverus Travel Policies and Procedures and the Traverus Travel Marketing and Compensation Plan, both of which are incorporated into and made a part of these Terms and Conditions. I understand that I must be in good standing, and not in violation of any of the terms of this Agreement, in order to be eligible to receive any bonuses or commissions from Traverus Travel. I understand that these Terms and Conditions, the Traverus Travel Policies and Procedures, or the Traverus Travel Marketing and Compensation Plan may be amended at the sole discretion of Traverus Travel, and I agree that any such amendment will apply to me. Notification of amendments shall be published in official Traverus Travel materials, including but not limited to email, web site, and literature. The continuation of my Traverus Travel business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
The term of this agreement is one year. If I fail to annually renew my Traverus Travel business, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a TraVerus Travel Agent. I shall not be eligible to sell Traverus Travel products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination or non-renewal, I agree to waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization.
I may not assign any rights or delegate my duties under this Agreement without the prior written consent of Traverus Travel. Any attempt to transfer or assign this Agreement without the express written consent of Traverus Travel renders this Agreement void at the option of Traverus Travel and may result in termination of my business.
I understand that if I fail to comply with the terms of this Agreement, Traverus Travel may, at its discretion impose upon me disciplinary action as set forth in the Policies and Procedures. If I am in breach, default or violation of this Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed. If I fail to pay for products or services when payment is due, I authorize Traverus Travel to withhold the appropriate amounts from my bonus or commission checks or electronic funds transfers, to charge my credit cards, paycards, or debit my checking accounts, if any, which I have authorized Traverus Travel to charge. I understand that Traverus Travel may at any time debit my paycard or commission checks for fees due as an auto deduction in lieu of any authorized payment form that is authorized. I understand that the failure to promptly pay for products constitutes a breach of this Agreement. I understand that any commissions that I earn can be paid by check or through my Traverus Travel paycard and a $5.00 processing fee will be deducted from any due commissions for printing or upload fees. I also agree that any fees incurred by our outside processors will be honored.
Traverus Travel, its directors, officers, shareholders, employees, assigns, and agents (collectively referred as "affiliates"), shall not be liable for, and I release Traverus Travel and its affiliates from, and waive all claims for consequential and exemplary damages. I further release Traverus Travel and its affiliates from all liability arising from or relating to the promotion or operation of my Traverus Travel business and any activities related to it (e.g., the presentation of Traverus Travel products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.).
Independent Marketing Representative and Contributor lists and names are owned by Traverus Travel and may never be used for any commercial purpose without prior written consent of Traverus Travel. During the term of this Agreement, shall not engage in selling or promoting travel or travel related products for other companies. Independent Marketing Representatives shall not, directly or indirectly, solicit Independent Marketing Representatives or marketing organizations or business opportunities, except as to personally sponsored Independent Marketing Representatives.
This Agreement, in its current form and as amended by Traverus Travel at its discretion, constitutes the entire contract between Traverus Travel and myself. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect. To the extent of any conflict or inconsistency between this Agreement and any other agreement (other than the Policies and Procedures), this TraVerus Travel Agent Application and Agreement shall supersede and prevail over any term of any other agreement as to the matters addressed herein. To the extent of any conflict or inconsistency between this Agreement and the Policies and Procedures (in their current form or as subsequently modified), the Policies and Procedures shall in all instances supersede and prevail over any term of this Agreement as to the matters addressed herein.
Any waiver by Traverus Travel of any breach of this Agreement must be in writing and signed by an authorized officer of Traverus Travel. Waiver by Traverus Travel of any breach of this Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
This Agreement will be governed by and construed in accordance with the laws of the State of Texas, unless the laws of the state in which I reside expressly require the application of its laws to this transaction (in which case such state law shall govern). All disputes and claims relating to Traverus Travel, the Application and Agreement, the Traverus Travel Marketing and Compensation Plan or its products and services, the rights and obligations of a TraVerus Travel Agent and Traverus Travel, or any other claims or causes of action relating to the performance of either a TraVerus Travel Agent or Traverus Travel under the Agreement or the Traverus Travel Policies and Procedures shall be settled totally and finally by arbitration in Dallas County, Dallas, Texas, or such other location as Traverus Travel prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to all discovery rights allowed under the Federal Rules of Civil Procedure. All issues related to arbitration shall be governed by the Federal Arbitration Act. If a TraVerus Travel Agent files a claim or counterclaim against Traverus Travel, he or she shall do so on an individual basis and not with any other TraVerus Travel Agent or as part of a class action. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. Each party to the arbitration shall be responsible for its own -- costs and expenses of arbitration, including legal and filing fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in this Agreement or the Policies and Procedures shall prevent Traverus Travel from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect Traverus Travel's interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
The parties consent to jurisdiction and venue before any federal or state court in Dallas County, State of Texas for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration. If the law of the state in which the applicant resides prohibits consensual jurisdiction and venue provisions for purposes of arbitration and litigation, that state's law shall govern issues relating to jurisdiction and venue.
I authorize Traverus Travel to use my name and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.

Return Policy

By Enrolling as a TraVerus Travel Independent Travel Agent:

I authorize Traverus Travel, to debit my checking account, Credit Card or other accepted method of payment the enrollment/membership fee as indicated at the point of sign-up, plus any applicable local sales tax.
I, the buyer, may cancel this transaction at any time prior to midnight of the third business day (seven days in VA) after the date of this transaction. To cancel this transaction, mail or deliver a written, signed and dated Cancellation Notice, or send a telegram, to Traverus Travel, 101-C N. GREENVILLE AVENUE, SUITE 245, ALLEN, TX 75002 NOT LATER THAN MIDNIGHT of the third business day following the date of this transaction.
I, the buyer, may cancel my monthly account fees at any time prior to midnight of the end of the month, in order to not incur charges for the next month fees. If you do not cancel by the end of the month, you will still be charged for the next month fees. Please send a cancellation request via the company helpdesk or fax.

Agreement Between User and TraVerus

The TraVerus Web Site is comprised of various Web pages operated by TraVerus.

The TraVerus Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TraVerus Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of These Terms of Use

TraVerus reserves the right to change the terms, conditions, and notices under which the TraVerus Web Site is offered, including but not limited to the charges associated with the use of the TraVerus Web Site.

Links to Third Party Sites

The TraVerus Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of TraVerus and TraVerus is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TraVerus is not responsible for webcasting or any other form of transmission received from any Linked Site. TraVerus is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TraVerus of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the TraVerus Web Site, you warrant to TraVerus that you will not use the TraVerus Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TraVerus Web Site in any manner which could damage, disable, overburden, or impair the TraVerus Web Site or interfere with any other party's use and enjoyment of the TraVerus Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TraVerus Web Sites.

Use of Communication Services

The TraVerus Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

TraVerus has no obligation to monitor the Communication Services. However, TraVerus reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. TraVerus reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

TraVerus reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TraVerus's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TraVerus does not control or endorse the content, messages or information found in any Communication Service and, therefore, TraVerus specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TraVerus spokespersons, and their views do not necessarily reflect those of TraVerus.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to TraVerus or Posted at Any TraVerus Web Site

TraVerus does not claim ownership of the materials you provide to TraVerus (including feedback and suggestions) or post, upload, input or submit to any TraVerus Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TraVerus, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. TraVerus is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TraVerus's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitations, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TRAVERUS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRAVERUS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TRAVERUS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE TRAVERUS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TRAVERUS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE TRAVERUS TRAVEL AGENTBILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE TRAVERUS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRAVERUS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAVERUS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING TRAVEL WITHOUT LIMIT TO TRAVERUS TRAVEL AGENT RETENTION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TRAVERUS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE TRAVERUS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TRAVERUS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TRAVERUS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRAVERUS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMIT TO TRAVERUS TRAVEL AGENT RETENTION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMIT TO TRAVERUS TRAVEL AGENT RETENTION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TRAVERUS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TRAVERUS WEB SITE.

Service Contact

Help Desk

Termination/Access Restriction

TraVerus reserves the right, in its sole discretion, to terminate your access to the TraVerus Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, U.S.A. in all disputes arising out of or relating to the use of the TraVerus Web Site. Use of the TraVerus Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TraVerus as a result of this agreement or use of the TraVerus Web Site. TraVerus's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TraVerus's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TraVerus Web Site or information provided to or gathered by TraVerus with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TraVerus with respect to the TraVerus Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TraVerus with respect to the TraVerus Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademark Notices:

Trademark, Trade Names, Advertising.

The name of the Company and other names as may be adopted by the Company are proprietary trade names and trademarks of the Company. As such, these marks are of great value to the Company and are supplied to agents for agent's use only in an expressly authorized manner. Agent agrees not to advertise the Company product in any way other than the advertising or promotional materials made available to agent by the Company. Agent agrees not to use any written, printed, recorded or any other material in advertising, promoting or describing the product or the Company marketing program, or in any other manner, any material which has not been copyrighted and supplied by the Company, unless such material has been submitted to the Company and approved in writing by the Company before being disseminated, published or displayed.
The agent, as an independent contractor, is fully responsible for all of his\her verbal and written statements made regarding the product and marketing program which are not expressly contained in writing in the current agent agreement, and advertising or promotional materials supplied directly by the Company. Agent agrees to indemnify the Company and hold it harmless from any and all liability including judgments, civil penalties, refund, attorney fees, court costs or lost business incurred by the Company as a result of agent's unauthorized representations.
The Company will not permit the use of its copyrights, designs, logos, trade names, trademarks, etc. without its prior written permission.
All Company materials, whether printed, on film, produced by sound recording, or on the internet, are copyrighted and may not be reproduced in whole or in part by agents or any other person except as authorized by the Company. Permission to reproduce any materials will be considered only in extreme circumstances. Therefore, an agent should not anticipate that approval will be granted.
A Company agent may not produce, use or distribute any information relative to the contents, characteristics or properties of Company product which has not been provided directly by the Company. This prohibition includes but is not limited to print, audio or video media.
A Company agent may not produce, sell or distribute literature, films or sound recordings which are deceptively similar in nature to those produced, published and provided by the Company for its agents. Nor may an agent purchase, sell or distribute noncompany materials which imply or suggest that said materials originate from the Company.
Any display ads or institutional or trademark advertising copy, other than covered in the foregoing rules, must be submitted to the Company and approved in writing by the Company prior to publication.
All advertising copy, direct mailing, radio, TV, newspaper and display copy must be approved in writing before being disseminated, published or displayed with the exception of blind ads where no reference is made to the Company name or product name.