Branson Tourism Center Registered Travel Agent Program
Thank you for your interest in the Branson Tourism Center Registered Travel Agent Program (the “Program”). As a participant in the Program, you will be able to earn commissions on products that you sell through BransonOnTheWeb.com. As used throughout this Travel Agent Agreement, the terms “we”, “us”, and “our” will mean the Company, and “you”, “your”, and “yours” will mean you, the Travel Agent.
The first step towards becoming a participant in the Program shall be to accept the terms of this Registered Travel Agent Agreement (“Agreement”) and submit a Travel Agent Application (“Application”). This Agreement contains terms that affect your rights and responsibilities as a participant in the program, so please review it carefully. If you agree to the terms of this Agreement, simply click “I Accept” at the end of this Agreement. By doing so, you acknowledge that you have read, understand and agree to the terms of this Agreement.
We will review your Application and consider you for participation in the Program, and in our sole discretion, approve or reject your application. If your application is rejected, we welcome you to reapply for participation in the Program at any time.
1. Access to the Travel Agent Control Panel and Maintenance
Once your Application has been accepted, you will receive a confirmation email along with instructions on how to complete the application process, including how to log in to BransonOnTheWeb.com as a Registered Travel Agent and access the BransonOnTheWeb.com Travel Agent Control Panel.
You agree to comply with all of the terms and conditions of use related to each of our web sites, including the Travel Agent Control Panel.
2. You will earn commissions for selling our products
a.You will earn commissions on show tickets, lodgin.g, and other items that you purchase through BransonOnTheWeb.com during the term of this agreement. Each item available for purchase through BransonOnTheWeb.com (when logged in through your Registered Travel Agent Account) will be marked with a rating of 0 through 3 (indicated by either 0 through 3 dollar sign icons). Commissions will be paid based on this rating. At the time the order is placed, commissions will be calculated as follows:
Rating of 0 (0 "dollar signs") = 0% commission
Rating of 1 (1 "dollar sign") = 5% commission
Rating of 2 (2 "dollar signs") = 10% commission
Rating of 3 (3 "dollar signs") = 15% commission
b.You will receive commissions at the above-stated rates on net sales of any tickets to any show, attraction, or lodging that you purchase while logged into your Registered Travel Agent account on BransonOnTheWeb.com, provided that any requirements for payment have been met. You will not earn commissions on any purchases made on BransonOnTheWeb.com while not logged into your Registered Travel Agent account, and you will not earn commissions on any purchases made over the phone with a Branson Tourism Center agent.
c.“Net sales” is the gross revenue that we receive after a purchase is processed and confirmed through our processing department, minus any amounts that we collect for sales taxes, duties, handling, and similar charges, and excluding any purchases that are subsequently refunded, rebated, or cancelled.
d.Commission will be based on the reports provided in the Travel Agent Control Panel, and you agree that these reports will be the final measurement of the net sales that will be used to calculate your commission.
e.Commissions will be paid as items purchased on BransonOnTheWeb.com are consumed, and not when they are purchased. For example, if you place an order on January 1 for tickets to a show that will take place on June 1, commissions will be calculated and paid after the show takes place on June 1, and not prior to that date.
f. Commissions will be paid twice per month, regardless of how much has been earned at that point. The total commissions due to you under this Agreement will be calculated as of the 1st & 15th calendar day of each month, and a check for that amount (less any taxes required to be withheld under applicable law) will be sent to you within the following week. When this Agreement ends, any commissions due at the time of termination will generally be paid during the next commission payment cycle, but we may hold your final payment for a longer period of time to ensure that the correct amount is paid. If you dispute, reject, cancel or otherwise return a purchased item, and we have already paid you a commission based on the sale of that item, we will deduct the amount of the disputed commission from your next commission payment. If there are no subsequent commissions due to you, we will send you a bill for the amount of the disputed commission, and you agree that you will pay that bill no later than thirty (30) days after you receive it.
g. You can review your sales reports, statistics, and other information by accessing the Travel Agent Control Panel at http://www.BransonOnTheWeb.com. We will give you the necessary password to access the Travel Agent Control Panel once your Application to the Program has been approved.
h. Commissions will only be paid to Travel Agents for which we have a valid W-9 form on file.
3. You must follow our customer rules, policies, and procedures
You agree to follow our rules, policies, and procedures concerning orders, customer service, and transactions. We may, from time to time and in our sole discretion, change our rules, policies, and procedures. You are responsible for following these rules, policies, and procedures, even as they may change.
4. Customers must physically check in at Branson Tourism Center to retrieve their ticket or lodging vouchers
Per the rules, policies, and procedures posted on http://www.BransonOnTheWeb.com and http://www.BransonTourismCenter.com, any customer to which show or attraction tickets, or lodging, are sold must physically check in at Branson Tourism Center at the address below upon arrival in Branson in order to obtain their ticket or lodging vouchers.
Branson Tourism Center
220 Branson Hills Parkway
Branson, MO 65616
5. Agreement Term, Termination, and Modification
This Agreement will begin once we accept your Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, for any reason, by providing the other party with written notice of termination. This written notice can be sent by regular mail, email, or fax.
We may, from time to time and in our sole discretion, modify any of the terms and conditions in this Agreement. You will be notified by email of any modification to the terms and conditions in this Agreement and notification of any such modifications will be posted and made available through the Travel Agent Control Panel at http://www.BransonOnTheWeb.com. These modifications may include, but are not limited to, changes in commissions and fees, payment procedures, and Program rules. Your continued participation in the Program following the posting or notification of any such modification will indicate your acceptance of such modifications
6. You may not copy our domain name, trademarks, web site content, or appearance
It is important any web sites that you operate be distinguishable from our web site. To make sure there is no confusion to our customers, you agree that you will not purchase or use any domain name, trademark, or other right, nor will you contract with another party to purchase or use those names, the use of which will make your site appear to be ours, or to create the impression that your site is ours or that your relationship with BransonOnTheWeb.com or Branson Tourism Center is anything more than that which is described within this Agreement. You also agree that you will not copy or mimic the content or appearance of our site or any part of our site. You also agree that the content and appearance of your site will not be designed so as to be likely to confuse consumers into thinking that your site is any part of our site.
You agree to comply with all applicable copyright and other laws pertaining to your web site and other distributed materials. We do not assume any responsibility for reviewing your site or other materials for copyright or trademark infringement or other unlawful content, and have no duty to do so, and we will not be liable to you or anyone else for the content of your site or other materials.
7. You may not reference us in distributed material without our consent
You agree that you will not refer to us in any publicity or marketing materials that you create, publish, distribute, or permit to be created, published or distributed, including any web sites that you operate or permit to be operated, without our consent.
8. Grant of Licenses
During the term of this Agreement, we grant to you a non-exclusive, non-transferable license to directly log in and access our site through a dedicated Registered Travel Agent account using your username and password established during the application process, solely in accordance with the terms and for the purposes of this Agreement.
We will automatically and immediately revoke this license if and when this Agreement is terminated. In addition, we may revoke your license at any time by giving you written notice by regular mail, email, or fax.
During the term of this Agreement, you grant to us a non-exclusive, non-transferable license to use, at our sole discretion, your names, titles, and logos for advertising, marketing, promotion and publicity. You also agree that we are under no obligation to do so. Your license to us will terminate upon the termination of this Agreement. By entering accepting this Agreement, you represent and warrant that you have sufficient right, title, and interest in and to your materials to grant the rights granted to us in this Agreement, and that you have no knowledge of any action or threatened action that would affect the rights granted to us by this Agreement.
You and we will not use the other's proprietary materials in any manner that is disparaging or that otherwise portrays the party in a negative light. You and we reserve all of our respective rights, including proprietary rights, in the materials covered by this license. Each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other, except as provided in this Agreement.
You and we agree that all information acquired as a result of this Agreement or your participation in the Program will remain confidential. This includes, but is not limited to, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information. Neither party shall, without the express written consent of the other, use such information, directly or indirectly, for any purpose except and to the extent necessary to complete obligations under this Agreement. However, you and we agree that any such information that is known or available to the public shall not be considered confidential information protected by this provision.
10. Independent Contractor
As a Registered Travel Agent in the Program, you will be an independent contractor. Nothing contained in this Agreement will be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, dealership, wholesale agreement, franchise or other similar relationship.
You will complete and return to us a W-9 form before you will be given log in instructions and access to the Travel Agent Control Panel. You will also complete and return any additional W-9 forms that we may request in the future, within ten (10) days of that request.
11. Warranty Limitation and Disclaimer and Limitation on Liability
a.We make no express or implied representations or warranties regarding the BransonOnTheWeb.com website or its performance, availability or functionality.
b.We expressly disclaim all express or implied warranties of merchantability, fitness for a particular purpose and non-infringement from us.
c.We will not be liable to you under any circumstances for any indirect, incidental, consequential, special or exemplary damages under contract, negligence, tort, strict liability or other legal or equitable theory.
d.We make no representation or warranty that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
e.Without waiving the limitations set forth above, neither you nor we will be liable for failure to perform or delay in performing any obligation under this Agreement if such failure or delay is due to fire, flood, earthquake, strike, war (declared or undeclared), commercial impracticability, embargo, blockade, legal prohibition, governmental action, riot, insurrection, damage, destruction or any other cause beyond the reasonable control of such party.
You agree to indemnify, defend and hold harmless us and our employees, representatives, agents, assigns and corporate affiliates against any and all liabilities, actions or claims based on or arising from any claim (i) that the use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property or other right of any third party, or (ii) resulting from your breach of this Agreement. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred in connection with or arising from any such liability, action or claim.
13. Choice of Law
THIS AGREEMENT WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MISSOURI WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES THEREOF. YOU CONSENT TO THE EXCLUSIVE JURISDICTION IN THE STATE AND/OR FEDERAL COURTS LOCATED IN TANEY COUNTY, MISSOURI, IN ANY DISPUTE INVOLVING THIS AGREEMENT.
a.Your rights or obligations under this Agreement are non-transferable.
b.You understand that this Agreement is not exclusive, and we may at any time, directly or indirectly, engage in similar arrangements with other Travel Agents who may or may not be competitors of yours. In addition, the terms of our agreement with any other Travel Agent may differ from those contained in this Agreement, and you agree that those agreements will have no effect on this Agreement. You also agree that we may operate web sites that are similar to or compete with your web site, and this Agreement does not prohibit us from doing so.
c.You acknowledge that, except as stated herein, no promise or inducement has been offered by us, and that this Agreement is executed without reliance upon any statement or representation by us concerning the nature and extent of this Agreement. You further agree that this Agreement constitutes the full and complete agreement of the parties. Except as otherwise provided in this Agreement, no other promises or modifications of this Agreement shall be valid, unless set forth in writing and signed by all the parties.
d.This Agreement represents the entire agreement between us and you and supersedes all prior agreements and communications we may have had, oral or written.
e.Our waiver of any breach or default will not constitute a waiver of any different or subsequent breach or default.
f.If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not affect any other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
g.The headings and titles contained in this Agreement are included for convenience only, and do not affect the terms of this Agreement.
15. Representations and Warranties
By accepting the terms of this Agreement, you are making the following representations and warranties, and you are aware that we are relying upon these representations and warranties:
a.To the best of your knowledge, there is no action pending or threatened against you that would affect your ability to satisfy your obligations under this Agreement.
b.If you are an individual, you are at least 18 years old, and have the right to enter into and be bound by the terms of this Agreement without the consent of anyone else.
c.If you are a company, you are duly organized and in good standing, and are qualified and/or licensed to do business in all jurisdictions to the extent necessary to carry out your obligations under this Agreement. You also represent that the person entering into this Agreement on your behalf is an adult of at least 18 years of age who is authorized to enter into and bind you to the terms of this Agreement, and, to the extent you require approval from any person, committee, board or other prior to entering into this Agreement, you have obtained all necessary approval prior to accepting the terms of this Agreement.