This Independent Contractor Agreement (“Agreement”) is entered into between the I Love Travel Company, LLC (“ILTC”), a limited liability company with its principal place of business at 1429 W Floyd Baker Blvd, Suite 130 Gaffney, SC 29341, and the individual signing below, hereinafter referred to as the “Independent Travel Advisor” or “ITA.”
Throughout this Agreement, I Love Travel Company and the Independent Travel Advisor may be collectively referred to as the “Parties.”
INTRODUCTION
The ILTC provides host agency resources to independently owned and operated travel advisors, offering market access, preferred rates, payment processing, technology, and additional industry support in exchange for commissions paid by travel suppliers. The Advisor, acting as an independent contractor, agrees to serve customers under the ILTC brand in return for commissions. Together, the Parties intend to collaborate to grow their respective businesses.
RESPONSIBILITY TO REVIEW
Please take a moment to review ILTC’s policies, procedures, and guidelines, which outline the current standards you agree to by accepting this Agreement. These may be updated periodically to reflect changes in technology and business needs. By signing, you agree to comply with all current and future updates and are encouraged to review them regularly.
In the event of significant changes to this Agreement or related policies, ILTC will provide a 30-day online notice. If you do not agree with a major update, your sole option is to return all ILTC materials and cancel your Agreement (see Termination and Cancellation). By signing, you also confirm that you are at least 18 years of age.
ACCEPTANCE AND TERM
This Agreement shall become binding and effective upon ILTC’s receipt of your acceptance and Accreditation Fee. It will initially remain in effect for a period of one (1) month. Although ILTC is not obligated to renew this Agreement, you will be notified prior to the end of the monthly term if it will not be renewed. Unless you notify ILTC before the end of the monthly term that you wish to discontinue the Agreement, it will automatically renew on a month-to-month basis, provided you remain in compliance with its terms. By allowing automatic renewal, you authorize ILTC to continue charging the Monthly Access Fees to your designated credit card.
Accordingly, the Parties agree to the terms outlined below.
DEFINITIONS
Commissions: “Commissions” refers to payments made to either Party by Suppliers as compensation for Bookings.
“Total Commissions” denotes the full amount of Commissions, minus any discounts, gifts, or added amenities.
“Agent Commissions” represents the Agent’s portion of the Total Commissions earned in exchange for providing Services.
Services
“Booking” refers to travel reservations arranged by the Agent on behalf of Customers.
“Customer” denotes any traveler receiving Bookings and related services from the Agent under this Agreement.
“Group Space” describes a reserved block of rooms secured by either Party through a specific Supplier for certain dates, equipment, and pricing, within a defined time frame.
“Services” encompasses the duties and activities performed by the Advisor for ILTC, as outlined in this Agreement.
“Supplier” means any entity providing Travel Services to Customers.
“Preferred Supplier” refers to a Supplier with whom ILTC maintains a registered partnership.
“Travel Services” encompasses travel-related products and services provided by Suppliers to travelers, including but not limited to: air, land, or water transportation; accommodations; car rentals; tours; excursions; entertainment; dining; and similar services for leisure, business, or other travel purposes.
General
“Advertising” refers to all promotional materials or communications shared via online, print, or broadcast media, including but not limited to platforms such as Facebook, LinkedIn, YouTube, and other social media sites.
“Credentials” denotes all professional qualifications, identifications, reference codes, or seller-of-travel registrations held by ILTC and issued by any travel industry or government body, authorizing ILTC to sell Travel Services. This includes, but is not limited to, credentials from the International Air Transport Association (IATA/IATAN) and the Cruise Lines International Association (CLIA).
“ILTC Resources” includes the tools and support provided by ILTC for travel advisors—such as market access, preferred rates, payment processing, ILTC Systems, and other forms of industry support—made available to the Agent under this Agreement.
“ILTC Systems” represents the technology platform and all related resources owned and operated by ILTC, including but not limited to the Advisor Tools webpage provided to the Agent under this Agreement.
“Effective Date” is the date this Agreement becomes effective, as specified at the beginning of the document.
“Intellectual Property Right” encompasses any trade secrets, patents, trademarks, trade names, copyrights, inventions, and other intellectual property rights enforceable under any jurisdiction’s laws, whether applied for, granted, or not.
“Software” refers to the software components of ILTC Systems in object code, including all updates, enhancements, and supporting documentation provided to the Advisor under this Agreement.
“Term” represents the initial term and any renewal periods of this Agreement.
“Trademarks” refers to any trademarks, service marks, trade names, and copyrights belonging to ILTC, including the “ILTC” name, brand, and logo, regardless of registration status and as they exist from time to time.
PURPOSE
This Agreement sets forth the terms under which the Independent Travel Advisor (ITA) shall perform travel booking services as an independent contractor of ILTC, representing its brand while independently operating their own travel business.
SCOPE OF SERVICES
As an Independent Travel Advisor (ITA) with ILTC, you agree to promote and sell travel products and services through ILTC and to follow its policies, procedures, and guidelines as outlined on the company’s website, which may be updated periodically.
You are authorized to identify yourself as an “Independent Travel Advisor” and/or “Independent Travel Agent” affiliated with ILTC, in line with these guidelines. However, you may not use ILTC’s service names, trademarks, or those of affiliated vendors, nor distribute promotional materials, without prior written consent from ILTC. Any such consent may be withdrawn at ILTC’s discretion with reasonable notice.
You may market travel in your preferred manner—including setting your own schedule and methods—so long as you act professionally, uphold the integrity of the travel industry, and clearly identify yourself as an “Independent Travel Advisor” in all communications.
ILTC has a zero-tolerance policy for unethical behavior. The company reserves the sole right to determine what constitutes unethical conduct. Any behavior that could damage ILTC’s reputation, goodwill, or operations may result in suspension, termination, or other disciplinary action.
ILTC also reserves the right to pursue any legal or equitable remedies allowed by law, including civil or criminal prosecution, and will fully cooperate with government and regulatory authorities when required.
2.1. The Agent agrees to utilize the market access, preferred rates, payment processing, technology, and other industry resources provided by ILTC to carry out Services effectively.
2.2. The Agent will promote and offer Travel Services to the public at their discretion, using their own judgment.
2.3. In delivering Services, the Agent shall conduct themselves in a manner that upholds the reputation of ILTC and avoids actions that could reflect poorly or negatively on the brand.
2.4. The Agent agrees to maintain professional expertise in travel industry products and to uphold a record free from significant customer or supplier complaints.
2.5. Services provided by the Agent must be free of conflicts of interest—fiduciary, professional, or personal—and must not breach any legal obligations to third parties.
2.6. The Agent will perform Services in a timely and diligent manner, in compliance with ILTC’s policies and all applicable laws and regulations, including those related to data privacy and the handling of personal or technical information.
2.7. This Agreement does not establish an exclusive relationship between the Parties.
2.8. Under this Agreement, the Agent may:
2.8.1. Make Bookings through any host agency;
2.8.2. Work with any Preferred Supplier; or
2.8.3. Operate in a manner that may compete with ILTC.
2.9. The Agent agrees not to register with or interact with any non-Preferred Supplier unless prior written approval is obtained from ILTC.
2.10. Nothing in this Agreement shall be interpreted as prescribing a mandatory marketing strategy. The Agent’s obligations regarding specific practices are limited to the terms explicitly stated in this Agreement.
2.11. ILTC will provide the ITA with access to markets, preferred rates, technology support, and other resources necessary for successful travel bookings.
2.12. The ITA may independently promote and sell travel services to clients; however, all bookings must comply with ILTC’s policies and be processed through its approved suppliers.
2.13. The ITA agrees to uphold the reputation of ILTC and to conduct business ethically, avoiding unapproved claims or unprofessional conduct with customers, suppliers, or industry professionals.
2.14. The ITA agrees to review ILTC’s guidelines, which may be updated periodically. Significant changes will be communicated at least 30 days in advance. If the ITA disagrees with such changes, they may terminate the Agreement by returning all ILTC-issued materials.
2.15. The ITA must comply with all applicable laws as well as ILTC’s policies, especially those related to data privacy and industry standards.
2.16. All Customers solicited or served by the Agent under this Agreement are deemed to be clients of the Agent. The Agent acknowledges that ILTC does not act as a party to the sale of Travel Services, does not assume responsibility for the Agent’s representations or actions, and disclaims all liability arising from the Agent’s client interactions, misrepresentations, negligence, or omissions.
3. INDEPENDENT CONTRACTOR STATUS
You are considered an independent contractor, not an employee of ILTC. You are solely responsible for all taxes, expenses, premiums, contributions, and other payments related to your income and business activities under this Agreement.
For tax purposes, all applicants for Accreditation must provide ILTC with a Social Security Number or Employer Identification Number, as applicable. If annual earnings exceed $600.00 USD, ILTC will file IRS Form 1099 for Miscellaneous Earnings.
As an independent contractor, you are not eligible for any ILTC employee benefits, including but not limited to paid leave, unemployment or disability benefits, retirement plans, health insurance, or life insurance.
You are also responsible for obtaining and maintaining any required business licenses, permits, or operational approvals, and for ensuring compliance with all applicable laws and regulations.
3.1. The Agent acts as an independent contractor and is not an employee of ILTC.
3.2. The Agent is not eligible to participate in any ILTC employee benefits, including but not limited to insurance, workers' compensation, retirement, vacation, or similar programs.
3.3. The Agent affirms and guarantees that they:
3.3.1. Operate as a separate business entity from ILTC;
3.3.2. Are experienced in providing travel-related services;
3.3.3. Offer their services publicly, including services equivalent or similar to those provided under this Agreement; and
3.3.4. Are prepared to offer such services to parties other than ILTC’s Customers.
3.4. The Agent will:
3.4.1. Operate independently and free from ILTC’s control or direction, except for general advisory supervision;
3.4.2. Retain full autonomy over the methods, timing, scheduling, and location of Services, including setting their own hours, breaks, and time off; and
3.4.3. Cover all costs associated with their workspace, equipment, business forms, office supplies, and any other resources needed to perform Services.
3.5. For clarity, any documentation referencing the Agent’s name must clearly include the statement: “An Affiliate Agent of ILTC.”
3.6. The Agent will not imply or represent that “affiliate” status signifies ownership of, or shared ownership with, ILTC.
3.7. ILTC is not obligated to provide any training, guidance, or instructions regarding the performance of Services.
3.8. The Agent is not required to attend meetings, trainings, or seminars hosted by ILTC.
3.9. The Agent may, at their discretion, pursue professional development within the travel industry, including participation in training or educational offerings provided by ILTC or other entities.
3.10. The Agent is not subject to any sales minimums or quotas under this Agreement. ILTC does not guarantee any level of income for Services rendered. The Agent assumes full responsibility for any income shortfall relative to their operational expenses.
3.11. ILTC reserves the right to conduct background checks on the Agent, including any associated owners, directors, officers, employees, or contractors.
3.12. ILTC and the Agent are not responsible for each other’s debts, obligations, or liabilities, except as specifically outlined in this Agreement. The Agent agrees to indemnify and hold ILTC harmless from any liabilities resulting from actions that violate this Agreement.
3.13. Agents residing outside the United States understand that certain factors—including foreign laws, regulations, taxes, tariffs, shipping costs, currency exchange rates, seasonal differences, and origin/destination logistics—may affect the benefits available to U.S.-based Agents and may reduce or negate specific advantages.
3.14. The Agent consents to the use of their image, name, likeness, voice, biography, testimonials, and any associated recordings made in connection with ILTC events, promotions, or conventions for advertising and promotional purposes. If the Agent wishes to withhold this release for a specific event, they must notify ILTC’s Customer Service Department in writing in advance.
3.15. All inquiries to or from media outlets, government agencies, or regulatory bodies must be directed to ILTC’s Customer Service Department to ensure accurate and consistent messaging that upholds ILTC’s public image.
3.16. In the event the Agent operates through a legal entity (LLC, corporation, etc.), the individual signing this Agreement on behalf of the Agent agrees to be personally and jointly and severally liable for all obligations, liabilities, and indemnification requirements arising under this Agreement.
3.17. The Agent is not authorized to bind, obligate, or make representations on behalf of ILTC. Any such actions shall be deemed unauthorized and may result in immediate termination and indemnification for any resulting losses.
3.18. The Agent may not operate a downline, sub-agency, or permit any third party to act under their profile, credentials, or logins. Violations may result in immediate termination.
4. COSTS, EXPENSES & FEES
For most billing plans, ILTC will charge your designated credit card for the ITA Fee and monthly program access fees. By providing your credit card and accepting this Agreement, you authorize these charges, including any unpaid balances.
You are responsible for keeping ILTC informed of current billing and contact information, including credit card updates, at least five (5) business days before the next scheduled charge.
If a charge cannot be processed, you remain responsible for the balance. ILTC may apply a monthly late fee on amounts over 30 days past due, calculated as the lesser of 1.5% or the maximum rate allowed by law. You are also liable for any collection costs, including court and attorney fees.
Billing issues must be reported within ninety (90) days of the charge. After that, you waive the right to dispute it.
ILTC may update its fees or billing structure with at least thirty (30) days’ notice. If you disagree, you may cancel the Agreement, but no refunds will be issued for the ITA Fee or current Monthly Access Fees.
You are also responsible for any charges from third-party vendors. Continued access to ILTC’s program depends on timely payment of all required fees.
4.1. The Agent will pay ILTC the following fees (“Fees"):
4.1.1. A one-time membership initiation fee of $100.00, payable within ten (10) days of the Agent’s execution of this Agreement; and
4.1.2. A monthly renewal fee of $20 USD for 50% split, $55.00 USD for 75% split or $90.00 USD for 90% split payable within ten (10) days following each automatic renewal of this Agreement.
4.2. Each Party is responsible for its own business operating expenses.
4.3. The Agent shall budget for and cover all necessary operating expenses and daily overhead, including but not limited to staffing, rent, utilities, marketing, promotional materials, business cards, toll-free numbers, internet access, professional development, and use of ILTC resources or other travel industry systems, technology, or tools, at their sole discretion.
4.4. Neither Party shall seek reimbursement or payment from the other for any such expenses, unless specifically stated in this Agreement.
4.5. The Agent shall not incur expenses on behalf of ILTC and will assume full responsibility for all costs and claims related to their business activities, including but not limited to non-sufficient funds checks, credit or debit card charges, debit memos, claims, booking errors, and any legal proceedings or judgments ("Agent Costs”).
4.6. If ILTC covers any Agent Costs, the Agent agrees to promptly reimburse ILTC and to indemnify and hold harmless ILTC and its affiliates—including owners, directors, employees, contractors, agents, customers, suppliers, and partners—from any such Agent Costs.
4.7. This section shall survive the termination of this Agreement.
5. COMMISSIONS, COMPENSATION AND PAYMENT POLICIES
As an Independent Travel Advisor (ITA) with ILTC, you will earn commissions—not wages—based on the current Compensation Schedule for travel booked through ILTC’s relationships with preferred travel suppliers.
Commissions under $25 will accrue until they reach $25, at which point payment will be issued.
Lost checks will not be reissued after one (1) year, and unpaid commissions from suppliers cannot be researched more than two (2) years after the travel start date. ILTC reserves the right to offset owed commissions against any outstanding fees you owe.
You may use ILTC-branded business cards and marketing materials to confirm your status as an Independent Travel Advisor. However, unauthorized reproduction or use of these materials, or of ILTC’s numeric or reference codes, is strictly prohibited.
Special travel rates and industry offers may be made available to you. By participating, you affirm that your ITA status is not intended solely for the purpose of accessing these benefits.
Billing Authorization
You authorize ILTC to charge your designated credit card for any applicable onboarding, access, and monthly program fees. You are responsible for maintaining up-to-date billing and contact information. Balances more than 30 days past due will incur a monthly late fee of 1.5% or the highest rate permitted by law. You agree to pay any associated collection costs, including court or attorney fees, resulting from non-payment.
Client Payments and Restrictions
Agents are strictly prohibited from accepting payments via cash, Venmo, Zelle, PayPal, Apple Pay, or other mobile payment applications for travel bookings. All payments must be made directly to the supplier via credit card, or by check/money order payable to ILTC.
Agents may not accept or process payments directly unless explicitly authorized in writing by ILTC. Accepting payment under your personal name, business name, or any fictitious entity is prohibited. All payments must go directly to approved suppliers or to ILTC, as designated.
Violation of this policy will result in immediate termination and full financial liability.
5.1. ILTC will distribute to the Agent the Total Commissions received from any Supplier for Bookings generated by the Agent, based on the applicable commission split outlined in the current Compensation Schedule.
5.2. The Agent’s commission is calculated based on the net commission amount after any discounts, amenities, or non-commissionable values have been deducted from the gross total.
5.3. Example Scenarios
Assuming a 50% commission split: A Booking with $300 in gross commission and no discounts results in $150 for the Agent and $150 for ILTC. A Booking with $300 in gross commission and a $50 discount results in $250 in Total Commission, split as $125 each.
Assuming a 100% commission split to the Agent: A Booking with $300 in gross commission and no discounts results in $300 to the Agent. A Booking with $300 in gross commission and a $50 discount results in $250 to the Agent.
5.4. Agent Commissions become payable only when:
5.4.1. The trip has departed; and
5.4.2. ILTC has received the full commission payment from the Supplier.
5.5. All payments to the Agent will follow ILTC’s established pay schedules.
5.6. If any commissions, fees, or compensation are paid directly to the Agent instead of ILTC, the Agent must promptly remit ILTC’s share upon receipt.
5.7. These commission payment terms apply to all revenue derived—directly or indirectly—from transactions with Customers in which the Agent utilized:
5.7.1. ILTC’s Trademarks;
5.7.2. ILTC’s Credentials;
5.7.3. ILTC’s Resources; or
5.7.4. The goodwill or reputation of ILTC.
5.8. Payment of commissions is contingent upon the following.
5.8.1. Accurate and timely submission of Booking details via the ILTC Booking Form;
5.8.2. Completion of travel and full payment by the Customer;
5.8.3. The Agent’s good standing and execution of this Agreement (or another approved agreement with ILTC);
5.8.4. Submission of a valid IRS Form W-9 and any other required documentation.
5.9. ILTC may withhold commissions at its discretion to:
5.9.1. Verify the Agent’s compliance with this Agreement; or
5.9.2. Offset any amounts owed by the Agent to ILTC, including for actual or potential claims requiring indemnification.
5.10. Commission payments will be disbursed via electronic direct deposit or ACH. If the Agent requests an alternative method (e.g., paper check), a $5 processing fee per transaction will apply.
6. TAXES
As an independent contractor, the Agent is solely responsible for managing their own tax obligations. ILTC does not withhold or remit taxes on the Agent’s behalf. The following terms outline the Agent’s responsibilities related to income and tax compliance:
6.1. The Agent is fully responsible for all taxes related to their income, as well as for any required payroll, Social Security, unemployment, disability, workers’ compensation, and other contributions required by local, state, or federal programs.
6.2. The Agent will manage all local, state, and federal tax filings and make any associated payments. The Agent agrees to indemnify and hold harmless ILTC from any liabilities, claims, penalties, or interest arising from tax, labor, or employment obligations.
6.3. ILTC will issue the Agent an IRS Form 1099 annually, which the Agent must include in their personal or business income tax filings.
7. PAYMENT PROCESS
This section outlines the procedures for invoicing Customers and processing payments for travel Bookings. To ensure accuracy, transparency, and compliance with ILTC policies, all payment activities must follow the guidelines below:
7.1. Upon the Agent’s request, ILTC will issue an invoice to each Customer detailing the balance due. A copy of the invoice will be provided to the Agent and must be sent at least thirty (30) days prior to the payment due date.
7.2. Customer payments for Bookings will be processed as follows:
7.2.1. For credit card payments, Customers will pay the Supplier directly using their credit card.
7.2.2. For check payments, the Agent must forward the completed Booking form, customer check, and invoice to ILTC for processing.
7.3. The Agent is strictly prohibited from accepting Customer payments in the following forms:
7.3.1. On behalf of ILTC;
7.3.2. In cash; or
7.3.3. Through mobile payment apps such as Venmo, Zelle, PayPal, Google Pay, Apple Pay, or similar platforms.
8. PAYMENT DISPUTES
This section outlines the responsibilities and procedures for handling payment-related complaints or conflicts involving Customers, Suppliers, and third parties. The Agent assumes primary responsibility for managing and resolving such issues in a timely and professional manner.
8.1. The Agent is fully responsible for handling and resolving all Customer and Supplier complaints and disputes (collectively referred to as “Disputes”).
8.2. ILTC holds no responsibility or liability for any Dispute unless it is directly caused by ILTC’s actions or omissions in breach of this Agreement.
8.3. If ILTC becomes aware of a Dispute, it reserves the right to attempt resolution under the following conditions:
8.3.1. At the written request of the Agent; or
8.3.2. If ILTC determines, at its sole discretion, that the Agent has been unwilling or unable to resolve the Dispute for more than thirty (30) days.
8.4. The Agent will reimburse ILTC for any costs incurred in resolving such Disputes, including but not limited to:
8.4.1. The full amount refunded or paid to the Customer or Supplier;
8.4.2. Any payments made to a government agency or authority overseeing the Dispute;
8.4.3. Reasonable attorney’s fees and related legal expenses; and
8.4.4. A reasonable amount calculated in good faith by ILTC for the time and resources expended in resolving the matter.
8.5. ILTC reserves the right to deduct any reimbursement amounts from the Agent’s future commission payments.
8.6. The Agent is solely responsible for any Customer chargebacks, including all associated fees, challenges, and reversal costs. If ILTC incurs these costs, they may either be deducted from future commissions or invoiced directly to the Agent, at the company’s discretion.
8.7. The Agent also assumes full responsibility for any fraudulent or unauthorized payments related to Bookings, including last-minute transactions. If ILTC incurs costs due to such incidents, the company reserves the right to seek reimbursement in accordance with the terms above or invoice the Agent directly.
9. RESERVATIONS
This section outlines the procedures and responsibilities related to making, managing, and reporting travel reservations. Agents are expected to follow all Supplier and ILTC guidelines to ensure accurate bookings, timely reporting, and proper use of group space and incentives.
9.1. The Agent will complete all Bookings in accordance with the instructions and information provided by each Supplier and/or ILTC.
9.2. Within three (3) business days of confirming a Booking, the Agent must submit an electronic Booking report through ILTC Systems.
9.3. The Agent, not ILTC, is solely responsible for ensuring the accuracy of all submitted Booking reports.
9.4. If the Agent fails to report a Booking as required, ILTC may apply a $25 administrative fee, which will be deducted from the Agent’s Commissions.
9.5. If a Booking is not reported within one (1) year of the trip’s start date, the Agent forfeits all Commissions for that Booking.
9.6. The Agent may make Bookings using ILTC’s Group Space.
9.7. The Agent may also arrange Bookings using their own Agent Group Space, provided prior arrangements are made with an ILTC Business Development Manager to:
9.7.1. Block the group space;
9.7.2. Arrange group incentives; and
9.7.3. Coordinate with Suppliers to provide terms and conditions to ILTC.
9.8. Agents who book qualifying Group Space through ILTC may earn Tour Credits, which may be applied toward a Customer’s Booking or the Agent’s own personal travel. Tour Credits may also be converted into Commissions, at the Agent’s discretion. All group booking procedures and incentive eligibility must be pre-approved by ILTC.
9.9. If the Agent elects to receive a Tour Credit as Commissions, the amount will be treated as gross Commissions and split according to the terms of this Agreement.
9.10. ILTC reserves the right to transfer individual Bookings from outside sources into ILTC’s Group Space.
9.11. The Agent:
9.11.1. Will not earn Tour Credits for any Booking made within ILTC’s Group Space; and
9.11.2. Must collect a deposit from the Customer before confirming any Group Space Booking.
9.12. The Agent is solely responsible for accurately quoting prices to Customers.
10. DISCOUNTS
The Agent is authorized to set prices for Travel Services and to resell related tickets and documents at their discretion, subject to any restrictions imposed by Suppliers or applicable laws. The Agent assumes full responsibility for any discounts, rebates, gifts, or similar sales-related costs, which may be deducted from the Agent’s Commissions by ILTC.
11. DOCUMENTATION & LUGGAGE TAGS
11.1. When applicable, Trip documents and luggage tags will be provided by Suppliers to ILTC.
11.2. ILTC will verify the accuracy of all Trip documents before sending them directly to Customers, using the address provided on the corresponding Booking form.
11.3. The Agent must inform Customers that Trip documents will be delivered no earlier than seven (7) to ten (10) days prior to the Trip start date.
12. REDUCED RATE TRAVEL
12.1. All discounted travel rates are subject to the discretion, policies, and availability of the Supplier, over which ILTC has no control. The Agent may be eligible for discounted travel rates through the following programs:
12.1.1. The International Airlines Travel Agent Network (“IATAN”), provided the Agent meets all eligibility requirements and is authorized by both the International Air Transport Association (“IATA”) and ILTC.
12.1.2. The Cruise Lines International Association (“CLIA”), provided the Agent meets all eligibility requirements and is authorized by both CLIA and ILTC.
13. TRADEMARKS, BRAND USAGE, AND PROPRIETARY MATERIALS
Use of ILTC’s trademarks, service marks, trade names, domain names, logos, or any other registered or copyrighted materials is strictly prohibited outside the terms of this Agreement unless the Agent has received prior written approval from ILTC. The Agent is not authorized to register or reserve any of these marks, names, or logos in any capacity, including with government agencies, internet platforms, domain registrars, or any other registration method.
This restriction also applies to email addresses, business names (such as LLCs or corporations), social media usernames, account names, and similar identifiers. Any domain name registered in violation of this policy must be transferred to ILTC upon request.
13.1. ILTC grants the Agent a limited, non-exclusive, and non-transferable right to use its Trademarks solely for purposes related to this Agreement. No additional rights are granted.
13.2. The Agent must obtain ILTC’s prior written approval for any use of Trademarks in advertising or other public-facing content. ILTC reserves the right to withdraw or modify this approval at any time and for any reason.
13.3. The Agent agrees to promptly follow any written instructions or notices from ILTC regarding the use of its Trademarks.
13.4. All advertising content created by the Agent that references ILTC—regardless of the format (online, print, or broadcast)—requires prior written approval from ILTC.
13.5. The Agent must obtain written consent from both ILTC and the relevant Supplier before advertising specific rates for Travel Services, including but not limited to particular cruise lines, ships, or packages associated with ILTC.
13.6. The Agent may use the title “Independent Travel Advisor” and/or “Independent Travel Agent” affiliated with ILTC but may not use the company’s logos, trade names, or trademarks without prior written consent.
13.7. Any unauthorized use, registration, or distribution of ILTC’s proprietary materials or trademarks is strictly prohibited.
14. LICENSING, INSURANCE, REGISTRATION
This section outlines the Agent’s responsibilities related to legal compliance and risk management. As an independent contractor, the Agent must ensure that they meet all licensing and insurance requirements necessary to operate legally and professionally within the travel industry.
14.1. This Agreement does not authorize the Agent to operate as an independent travel agency.
14.2. The Agent is solely responsible for obtaining and maintaining all required licenses, registrations, and professional qualifications (“Licenses”) as mandated by the laws of each jurisdiction in which they operate, and for covering all related expenses.
14.3. The Agent is also solely responsible for securing their own business liability insurance, errors and omissions coverage, and any other insurance necessary for their operations. ILTC has no obligation to provide insurance coverage for the Agent.
14.4. At the written request of ILTC, the Agent will provide copies of all applicable Licenses for review.
14.5. ILTC strongly encourages the Agent to carry both general liability and professional liability (errors and omissions) insurance. If the Agent chooses to obtain such coverage, they agree to:
14.5.1. Inform ILTC of the insurance details;
14.5.2. Name ILTC as an “additional insured” on the policy; and
14.5.3. Provide ILTC with a certificate of insurance, including either an “additional insured endorsement” or a copy of the policy showing the endorsement.
14.6. The Agent acknowledges and agrees that:
14.6.1. Any insurance coverage held by ILTC may not extend to the Agent; and
14.6.2. ILTC is under no obligation to provide insurance coverage for the Agent under any circumstances.
15. TERM & TERMINATION
ILTC reserves the right to suspend or terminate any Agent for unethical behavior, including but not limited to: misrepresentation of affiliation, unprofessional conduct with vendors or clients, unauthorized marketing, fraudulent activity, or any behavior deemed harmful to the company’s reputation.
15.1. This Agreement becomes effective upon the Agent’s acceptance, starting on the Effective Date, and shall have an initial term of one (1) year.
15.2. After the initial term, the Agreement will automatically renew for additional one-year terms unless terminated as outlined below.
15.3. The total duration, including the initial and any renewal terms, constitutes the “Term” of this Agreement.
15.4. Notwithstanding the above, either Party may terminate this Agreement:
15.4.1. For convenience, by providing the other Party with at least thirty (30) days’ written notice;
15.4.2. For cause, if the other Party commits a material breach of the Agreement and fails to cure such breach within ten (10) days of receiving written notice; or
15.4.3. For cause, if the other Party becomes insolvent, ceases business operations, files for bankruptcy, or makes an assignment for the benefit of creditors.
15.5. Termination and Cancellation by Agent or Company:
ILTC may terminate this Agreement only for significant violations of the Agreement or related policies. The Agent may cancel the Agreement at any time. The Agent’s sole recourse in disputes is to cancel the Agreement and their ITA status. To cancel, the Agent must email support@ilovetravelcompany.com. Upon cancellation, the Agent must return all ILTC-issued materials and immediately cease all use of ILTC materials and identifiers.
All fees paid prior to cancellation are non-refundable. ILTC reserves the right to collect any outstanding fees or charges incurred before the Agreement ends. The Agent is also responsible for any third-party vendor charges incurred before cancellation.
Washington State Residents Only: Purchaser’s right to cancel: You may cancel this contract without any cancellation fee or penalty, and without providing a reason, by sending notice of cancellation via certified mail, return receipt requested, to ILTC at the address below. The notice must be postmarked by midnight of the seventh (7th) calendar day following the day you signed the contract or received your membership materials, whichever is later. If the 7th day falls on a Sunday or legal holiday, the right to cancel extends to the next business day.
TO CANCEL THIS CONTRACT, SEND WRITTEN NOTICE TO:
ILTC
3020-I Prosperity Church Road, Suite 928
Charlotte, NC 28269
15.6. Upon termination:
15.6.1. All rights and obligations of both Parties will immediately cease, except for:
15.6.1.1. Any accrued but unfulfilled rights or obligations;
15.6.1.2. Any provisions specified to survive termination; and
15.6.1.3. The post-termination rights and obligations listed below.
15.6.2. ILTC will not refund any fees previously paid by the Agent.
15.6.3. The Agent must return or confirm in writing the destruction of all physical or digital materials, documents, or confidential information related to this Agreement.
15.6.4. ILTC will not transfer any Bookings for which payment or deposits have already been received.
15.6.5. The Agent must remit ILTC’s share of any Total Commissions accrued before termination, even if not yet received in full.
15.6.6. The Agent must confirm in writing that:
15.6.6.1. ILTC, its Customers, and Suppliers are free from damages or liabilities due to the Agent’s actions or omissions; and
15.6.6.2. All outstanding balances owed to ILTC have been paid.
15.6.7. All remaining Bookings will be transferred to ILTC, and no Commissions will be owed to the Agent for those Bookings unless otherwise approved in writing by ILTC before the termination date.
15.7. The Agent waives any claims for unpaid Commissions or payments from ILTC that are not submitted in writing within thirty (30) days of termination. If applicable state law allows a longer period, that law will govern.
15.8. Termination Due to Disability
15.8.1. If ILTC determines that the Agent is physically or mentally unable to perform most or all Services under this Agreement for a total of sixty (60) days within any twelve-month period, the company may terminate the Agreement with at least ten (10) days’ written notice.
15.8.2. Upon termination due to disability:
15.8.2.1. All pending Bookings will be transferred to ILTC; and
15.8.2.2. All post-termination Commissions will be retained by ILTC.
15.8.3. ILTC will pay the Agent all Commissions and amounts earned up to the termination date.
15.8.4. No further compensation will be owed once final payments are made.
15.9. Termination Due to Death
15.9.1. This Agreement will automatically terminate upon the Agent’s death.
15.9.2. Upon termination due to death:
15.9.2.1. All pending Bookings will be transferred to ILTC; and
15.9.2.2. All post-termination Commissions will be retained by ILTC.
15.9.3. ILTC will pay all earned Commissions up to the date of death to the Agent’s spouse, legal beneficiary, or estate.
15.9.4. Once payments are completed, ILTC will have no further obligations under this Agreement.
15.10. This section shall survive the termination of this Agreement.
16. SOFTWARE
This section outlines the Agent’s rights and responsibilities regarding the use of ILTC’s proprietary software and systems. By entering into this Agreement, the Agent agrees to comply with all usage restrictions and to maintain the confidentiality of their access credentials.
16.1. ILTC grants the Agent—and their employees, contractors, agents, and representatives—a limited, non-exclusive, non-transferable, non-assignable, and non-sub-licensable license to use the Software solely for purposes related to this Agreement, under the following conditions:
16.1.1. The Agent may access and use the Software under a single-user license with designated login credentials.
16.1.2. ILTC may provide additional single-user licenses on a case-by-case basis.
16.2. The Agent is prohibited from allowing any third party to use the Software and assumes full responsibility for its use by their employees, contractors, agents, or representatives.
16.3. The Software is licensed as a unified product; the Agent may not separate or use its components independently.
16.4. The Agent may not reverse engineer, decompile, or disassemble any part of the Software.
16.5. The Software is provided on an “as-is” basis. ILTC makes no warranties beyond those explicitly stated in this Agreement.
16.6. ILTC reserves the right to suspend the Agent’s access to or use of the Software at any time, with or without terminating this Agreement.
16.7. Username and Password: As an Accredited ITA of ILTC, the Agent must use their assigned Username and Password to access the secure “Agents Only” section of the ILTC website. The Agent agrees not to share their credentials with anyone outside of ILTC and accepts full responsibility for any activity or charges incurred under their login.
17. CONFIDENTIALITY
ILTC may share confidential information with you regarding your sales activity or other business matters. You acknowledge that this information is proprietary to ILTC and is provided to you in strict confidence. You agree not to disclose this information, directly or indirectly, to any third party, nor to use it in any manner that could compete with or harm ILTC. Without your commitment to confidentiality, ILTC would not disclose such information. You further acknowledge that this confidential information constitutes a trade secret and may not be used for any purposes outside of authorized ILTC business activities.
17.1. The Parties may exchange confidential and proprietary information (“Confidential Information”) with each other—and with their respective Affiliates (entities controlling, controlled by, or under common control with a Party)—for the purpose of exploring or executing potential business transactions (the “Purpose”).
17.2. All Confidential Information will remain the property of the Party or Affiliate that discloses it.
17.3. The receiving Party agrees to:
17.3.1. Use the information solely for the Purpose;
17.3.2. Limit disclosure to its owners, directors, officers, employees, contractors, advisors, and Affiliates who have a legitimate need to know the information;
17.3.3. Ensure that any individual with access is made aware of the confidentiality obligations outlined in this Agreement and is bound by nondisclosure terms equal to or substantially similar to those stated herein; and
17.3.4. Protect the Confidential Information with at least the same degree of care it uses to protect its own sensitive information, and in any case, not less than reasonable care.
17.4. Confidential Information also includes, but is not limited to:
17.4.1. Any confidential information exchanged before the Effective Date of this Agreement;
17.4.2. The fact that the Parties or their Affiliates are in discussions, including with third parties; and
17.4.3. Any oral or visual disclosures related to Confidential Information or its subject matter.
17.5. Information is not subject to confidentiality obligations if it:
17.5.1. Was known to the recipient prior to disclosure by the disclosing Party;
17.5.2. Was independently developed by the recipient without reference to the Confidential Information;
17.5.3. Was lawfully obtained from a third party not under any confidentiality obligation;
17.5.4. Becomes publicly known through no fault of the recipient; or
17.5.5. Is required to be disclosed under applicable law, regulation, or legal process—provided that:
17.5.5.1. The recipient discloses only the minimum required information; and
17.5.5.2. The recipient promptly notifies the disclosing Party in writing so they may seek protective measures.
17.6. Neither Party will disclose any third party’s confidential information or trade secrets without prior written consent from that third party, where such information is protected by nondisclosure obligations.
17.7. The Parties make no representations or warranties as to the accuracy or completeness of the Confidential Information and disclaim any liability for errors, omissions, or resulting losses or damages.
17.8. The Parties agree that participation in these discussions does not constitute a guarantee of future business or partnership.
17.9. Upon termination of this Agreement:
17.9.1. The obligations under this section will survive for a period of three (3) years; and
17.9.2. The recipient Party must return or certify the destruction of all Confidential Information received from the disclosing Party or its Affiliates, in both paper and electronic form.
17.10. Obligations regarding trade secrets will survive as long as the information qualifies as a trade secret under applicable law.
17.11. The Agent shall be solely responsible for the secure handling, storage, and transmission of all customer data in accordance with applicable data protection and privacy laws (including but not limited to GDPR, CCPA, and PCI compliance). The Agent agrees to indemnify and hold harmless ILTC from any liability, claim, or regulatory action arising from the Agent’s mishandling or breach of client data.
17.12. This section will survive the termination of this Agreement and apply to the Parties’ respective heirs, successors, and assigns.
18. NON-SOLICITATION
To protect the business relationships and goodwill of ILTC, the Agent agrees to certain limitations on competitive activity during and after the term of this Agreement. These provisions help ensure fair engagement and prevent disruption to ongoing partnerships and operations.
18.1. During the Term of this Agreement and for one (1) year following its termination, the Agent agrees not to, without prior written consent from ILTC, directly or indirectly:
18.1.1. Recruit or attempt to recruit any employee or contractor of ILTC; or
18.1.2. Encourage any Customer, prospective Customer, travel advisor, supplier, or partner of ILTC to reduce or end their relationship with ILTC.
18.2. Public job postings and general requests for proposals (RFPs) not targeted at specific individuals or entities affiliated with ILTC will not be considered a breach of this clause.
18.3. This section will survive the termination of this Agreement and remain in effect for the specified one-year period.
19. CHARGEBACKS, LIABILITY AND INDEMNIFICATION
Chargebacks and Fraudulent Payments:
The Agent is solely responsible for any fraudulent Bookings or Customer payment chargebacks, including those arising from last-minute travel. If ILTC incurs financial losses due to such incidents, the Agent agrees to fully reimburse the Company. ILTC reserves the right to deduct such amounts from future commission payments.
19.1. The Agent assumes full responsibility and liability for the actions and omissions of their employees, contractors, agents, partners, representatives, and assignees (collectively, “Agent Reps”), and will ensure that all such individuals comply with the terms of this Agreement. Any breach by an Agent Rep will be treated as a breach by the Agent.
19.2. Neither Party shall be liable to the other for any indirect, incidental, consequential, special, exemplary, or punitive damages, even if advised of the possibility of such damages.
19.3. If the Agent is a legal entity, the individual signing this Agreement on its behalf agrees to joint and several liability with the Agent for all obligations and liabilities arising under this Agreement.
19.4. The total liability of ILTC to the Agent shall not exceed the total amount of Agent Commissions payable to the Agent in the twelve (12) months preceding the date of the claim. This limitation shall not apply to:
19.4.1. Breaches of confidentiality obligations;
19.4.2. Claims arising from gross negligence or willful misconduct; or
19.4.3. Claims that are fully covered by applicable insurance.
19.5. The Agent agrees to indemnify, defend, and hold harmless ILTC and its Affiliates from any and all claims, damages, liabilities, and associated legal costs, including reasonable attorney’s fees, resulting from the Agent’s actions, omissions, or breach of this Agreement.
19.6. The provisions of this section will survive the termination or expiration of this Agreement.
19.7. ITA Responsibility: The Independent Travel Advisor (ITA) shall indemnify ILTC against any liability resulting from unauthorized actions or conduct inconsistent with the terms of this Agreement or ILTC’s established policies.
19.8. The ITA is responsible for maintaining appropriate business liability insurance, including Errors & Omissions (E&O) coverage, and must provide proof of such coverage upon request.
20. GENERAL TERMS OF USE
(Website Disclaimer): By accessing or using the ILTC website (the “Site”) or any affiliated services, you agree to be legally bound by these Terms and Conditions. If you do not agree with any provision of these Terms, you must refrain from using the Site and related services. This Site and its services are intended for use by adults only. Access or use by individuals under the age of eighteen (18) is strictly prohibited.
ILTC reserves the right to revise these Terms at its sole discretion. Any updates will take effect immediately upon being posted to the Site. Continued use of the Site after such changes constitutes your acceptance of the revised Terms.
21. REFERRALS & RECRUITING OF NEW TRAVEL ADVISORS
Any Independent Contractor (“Advisor”) who refers or introduces a prospective travel advisor to ILTC agrees to present the opportunity truthfully and exclusively using officially approved language and materials provided by ILTC.
Advisors are strictly prohibited from making income guarantees, unauthorized earnings claims, or using unapproved marketing materials when describing the business model, commission potential, or any related benefits.
Advisors may not present, promote, or sell ILTC programs, products, or services using personal interpretations, off-brand materials, or unauthorized messaging. Any misrepresentation during the referral or recruitment process may result in disciplinary action, including immediate termination and forfeiture of any associated commissions.
All prospective referrals must be directed through ILTC’s official onboarding process. Advisors must not collect payments, process applications, or misrepresent themselves as an owner, employee, or representative of ILTC beyond their Independent Contractor status.
ILTC reserves the right to review, approve, or deny any marketing methods or referral communications used by Advisors. The Company may amend its referral and recruiting policies at any time, with or without prior notice.
22. GENERAL
22.1 Amendments: Any modifications to this Agreement must be in writing and signed by both Parties.
22.2 Assignment: The Agent may not assign any rights or obligations under this Agreement without the prior written consent of ILTC, which shall not be unreasonably withheld. ILTC may assign its interest to another party at its discretion.
22.3 Waiver: A delay or failure by either Party to enforce any provision of this Agreement shall not be deemed a waiver of that or any other right. All rights and remedies are cumulative and not exclusive.
22.4 Severability: If any provision of this Agreement is found to be invalid or unenforceable, it shall be modified to the minimum extent required by law, and the remainder of the Agreement shall remain in full force and effect.
22.5 Force Majeure: Neither Party shall be liable for any delay or failure to perform its obligations due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, governmental actions, labor disputes, or disruptions in transportation or communication.
22.6 Publicity: Neither Party may use the other’s name, logo, or marketing materials publicly without prior written approval.
22.7 Relationship: This Agreement does not create a partnership, joint venture, or employment relationship between the Parties. Neither Party has authority to bind or obligate the other.
22.8 Headings and Interpretation: Section headings are provided for convenience only and shall not affect the interpretation of this Agreement. No provision shall be construed against either Party as the drafter. All provisions are deemed conspicuous.
22.9 Consent: Acceptance of this Agreement may be provided electronically or in writing. All signed counterparts together constitute a single, original Agreement
22.10 Notices: All notices must be in writing and will be deemed received upon confirmation if delivered via email, certified mail, or courier to the addresses provided in this Agreement or any updated address supplied in writing.
22.11 Equitable Relief: Either Party may seek injunctive or equitable relief in response to any actual or threatened breach of this Agreement.
22.12 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict-of-law provisions.
22.13 Jurisdiction: Any disputes arising under or related to this Agreement shall be subject to the exclusive jurisdiction of the state courts in Mecklenburg County, North Carolina, or the U.S. District Court serving North Carolina. The Agent consents to such jurisdiction, waives any objection to venue or inconvenience, and agrees to accept service of process at their notice address. The prevailing Party shall be entitled to recover reasonable attorney’s fees and costs. The Agent also waives the right to a jury trial.
22.14 Arbitration: Any dispute arising under this Agreement shall be resolved by binding arbitration in accordance with applicable arbitration rules. The prevailing Party shall be entitled to recover attorney’s fees and related costs.
22.15 Further Assurances: Each Party agrees to perform any further acts and execute any additional documents necessary to carry out the intent of this Agreement and resolve unforeseen issues in good faith.
22.16 Warranty Disclaimer: ILTC provides all products and services “as is” and “as available,” with no warranties of any kind, express or implied, unless otherwise required by law. There is no guarantee of uninterrupted access or performance. The Agent’s sole remedy for defective software is replacement. The exclusive remedy for any other dispute is cancellation of this Agreement. ILTC is not liable for any consequential or incidental damages arising from use of its products or services, except where prohibited by law.
22.17 Privacy: ILTC employs secure technology and confidentiality safeguards to protect personal information. Third-party providers are required to adhere to privacy standards. Personal data will only be disclosed with proper authorization or as required by legal processes.
22.18 Class Action Lawsuits: The Agent waives any right to bring a class or collective action against ILTC. All claims shall be brought individually. Both Parties also waive their right to a trial by jury in any dispute arising from this Agreement.
22.19 Entire Agreement: This Agreement, including any incorporated materials, represents the full and complete understanding between the Parties regarding the subject matter and supersedes all prior agreements. It may only be amended in writing and signed by both the Agent and ILTC.
By signing below, you agree to the terms and conditions outlined in this Independent Contractor Agreement.