TERMS AND CONDITIONS
The Travel Party Contact Information:
The Travel Party Inc.,
16 Hutson St., Suite 304
Belize City, Belize
Credit Card Information
Your credit card statement will read "" for all credit card purchases made.
SECTION 1 - CODE OF ETHICS
The Travel Party Inc. ("The Travel Party Inc." or the "Company"), is guided by core principles established by our founders that emphasize integrity, excellence, commitment and enthusiasm in all that we do. Everything we do is based on our commitment to improve the lives of our customers ("Tourists"), employees and Independent Distributors ("Adventurers"). We want Distributors who will embrace these values with us; therefore we insist that Distributors operate within the following Code of Ethics which are part of and form the foundation of the Policies & Procedures.
1.1 Integrity and Responsibility
Distributors will conduct themselves with integrity and responsibility and will make the Golden Rule of "do unto others as you would have them do unto you" as the cornerstone on which they build their business.
1.2 Deceptive and Unlawful Practices
Distributors will uphold the values of The Travel Party and will not engage in any deceptive, unlawful or unethical consumer or recruiting practice that may be detrimental or reflect poorly on The Travel Party Inc. or themselves. Distributors will support and advocate the Policies & Procedures and will respect the spirit and intent in which they were written.
1.3 Honesty in Representing the The Travel Party Inc. Opportunity
Distributors will familiarize themselves with The Travel Party Inc. Compensation Plan and will represent their prospective Independent Distributors realistically and without misleading or providing false expectations. Any claims, representations or statements Distributors make regarding The Travel Party Inc. will be those included in the The Travel Party Inc. literature.
1.4 Down Line Support
Distributors will, to the best of their ability, accept and fulfill their responsibilities to train, motivate, support and encourage all Independent Distributors who join their sales organization. Distributors will treat their business like any other prestigious enterprise and will fulfill commitments they make to their customers, their fellow Distributors and to employees of the company.
1.5 Adherence with Laws
Distributors will abide by local, state/provincial and federal laws that govern their independent business. Distributors understand that it is their responsibility to comply with these laws, the laws of their industry and with The Travel Party Inc. Policies & Procedures as they may be amended from time to time.
1.6 Compliance with Code of Ethics
Distributors will uphold this Code of Ethics and recognize that its success will require diligence to create awareness among all of The Travel Party Inc. independent Distributors.
Distributors will not, in any way, attempt to persuade, induce or coerce another party to breach this Code. Any such action is considered a violation of this Code and thereby a violation of The Travel Party Inc. Policies & Procedures.
SECTION 2 - INTRODUCTION
2.1 Policies and Compensation Plan Incorporated into Distributor Agreement
These Policies & Procedures, in their present form and as amended at the sole discretion of The Travel Party Inc. (Hereafter "The Travel Party Inc." or the "Company"), are incorporated into, and form an integral part of, the The Travel Party Inc. Distributor Agreement. Throughout these Policies, when the term "Agreement" is used, it collectively refers to the The Travel Party Inc. Distributor Application and Agreement, these Policies & Procedures, the The Travel Party Inc. Compensation Plan, and the The Travel Party Inc. Business Entity Application (if applicable). These documents are incorporated by reference into the The Travel Party Inc. Distributor Agreement (all in their current form and as amended by The Travel Party Inc.). It is the responsibility of each Distributor to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies & Procedures. When sponsoring or enrolling a new Distributor, it is the responsibility of the sponsoring Distributor to ensure that the applicant is provided with, or has online access to, the most current version of these Policies & Procedures and the The Travel Party Inc. Compensation Plan prior to his or her execution of the Distributor Agreement.
2.2 Purpose of Policies
The Travel Party Inc. is a direct sales company that markets its products through Independent Distributors. It is important to understand that your success and the success of your fellow Distributors depend on the integrity of the men and women who market our products and services. To clearly define the relationship that exists between Distributors and The Travel Party Inc., and to explicitly set a standard for acceptable business conduct, The Travel Party Inc. has established the Agreement. The Travel Party Inc. Distributors are required to comply with all of the Terms and Conditions set forth in the Agreement which The Travel Party Inc. may amend at its sole discretion from time to time, as well as all federal, state/provincial, and local laws governing their The Travel Party Inc. business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information on this page carefully. It explains and governs the relationship between you, as an independent contractor, and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from anyone in your up line or The Travel Party Inc..
2.3 Changes to the Agreement
Because federal, state/provincial, and local laws, as well as the business environment, periodically change, The Travel Party Inc. reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By digitally signing the Distributor Agreement, a Distributor agrees to abide by all amendments or modifications that The Travel Party Inc. elects to make. Amendments shall be effective upon notice to all Distributors that the Agreement has been modified. Notification of amendments shall be published in official The Travel Party Inc. materials. The Company shall provide or make available to all Distributors a complete copy of the amended provisions by one or more of the following methods: (1) posting on the Company's official website; (2) electronic mail (e-mail); (3) inclusion in Company periodicals; or (4) special mailings. The continuation of a Distributor's The Travel Party Inc. business or a Distributor's acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
The Travel Party Inc. shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, and death, curtailment of a party's source of supply, or government decrees or orders.
2.5 Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of The Travel Party Inc. to exercise any right or power under the Agreement or to insist upon strict compliance by a Distributor with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of The Travel Party Inc. right to demand exact compliance with the Agreement. Waiver by The Travel Party Inc. can be effectuated only in writing by an authorized officer of the Company. The Travel Party Inc. waiver of any particular breach by a Distributor shall not affect or impair The Travel Party Inc. rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Distributor. Nor shall any delay or omission by The Travel Party Inc. to exercise any right arising from a breach affect or impair The Travel Party Inc. rights as to that or any subsequent breach. The existence of any claim or cause of action of a Distributor against The Travel Party Inc. shall not constitute a defense to The Travel Party Inc. enforcement of any term or provision of the Agreement.
SECTION 3 - BECOMING A DISTRIBUTOR (Adventurer)
3.1 Requirements to Become a Distributor
To become a The Travel Party Inc. Distributor, each applicant must:
3.1.1Be of the age of majority in his or her state/province of residence;
3.1.2 Reside in a country that The Travel Party Inc. has officially announced is open for business;
3.1.3 Have a valid Social Security or Federal Tax ID number; if required by the country or location
3.2 No Product Purchase Required
No person is required to purchase The Travel Party Inc. products to become an Affiliate.
3.3 For Future Use
3.4 Distributor Benefits
Once a Distributor Application and Agreement has been accepted by The Travel Party Inc., the benefits of the Compensation Plan and the Distributor Agreement are available to the new Distributor. These benefits include the right to:
3.4.1 Sell The Travel Party Inc. products and services;
3.4.2 Participate in the The Travel Party Inc. Compensation Plan (receive bonuses and commissions, if eligible);
3.4.3 Sponsor other individual Distributors(adventurers) and customers (tourists) into the The Travel Party Inc. business and thereby build a marketing organization and benefit from the The Travel Party Inc. Compensation Plan;
3.4.4 Receive periodic The Travel Party Inc. literature and other The Travel Party Inc. communications;
3.4.5 Participate in The Travel Party Inc. sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable; and
3.4.6 Participate in promotional and incentive contests and programs sponsored by The Travel Party Inc. for its Distributors.
Term and Renewal of Your The Travel Party Inc. Business
A Distributor's The Travel Party Inc. Agreement will remain in force so long as: (a) the Distributor does not voluntarily cancel his or her Distributor agreement, (b) become involuntarily cancelled, or (c) becomes cancelled for inactivity.
SECTION 4 - OPERATING A The Travel Party Inc. BUSINESS
4.1 Adherence to the The Travel Party Inc. Compensation Plan
Distributors must adhere to the terms of the The Travel Party Inc. Compensation Plan as set forth in official The Travel Party Inc. literature. Distributors shall not offer the The Travel Party Inc. opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official The Travel Party Inc. literature. Distributors shall not require or encourage other current or prospective customers or Distributors to participate in The Travel Party Inc. in any manner that varies from the program as set forth in official The Travel Party Inc. literature. Distributors shall not require or encourage other current or prospective customers or Distributors to execute any agreement or contract other than official The Travel Party Inc. agreements and contracts in order to become a The Travel Party Inc. Distributor. Similarly, Distributors shall not require or encourage other current or prospective customers or Distributors to make any purchase from, or payment to, any individual or other entity to participate in the The Travel Party Inc. Compensation Plan other than those purchases or payments identified as recommended or required in official The Travel Party Inc. literature.
4.2.1 General - all distributors shall safeguard and promote the good reputation of The Travel Party Inc. and its products. The marketing and promotion of The Travel Party Inc., the The Travel Party Inc. Opportunity, the Compensation Plan, and The Travel Party Inc. products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
4.2.2 Use of company-produced advertising materials only. To promote both the products and services, and the tremendous opportunity The Travel Party Inc. offers, Distributors must use only the sales tools and support materials approved by The Travel Party Inc. Accordingly, Distributors must not use any of their own literature, advertisements, sales tools, videos, web pages and promotional materials, or in promoting The Travel Party Inc. services or the The Travel Party Inc. business unless they first submit it to The Travel Party Inc. in writing and receive specific written approval for its use.
4.2.3 Distributor Websites. All The Travel Party Inc. Distributors are provided a website - The Travel Party.com and as part of their distributorship agreement. The The Travel Party Inc. Personal Website is a personalized online store through which The Travel Party Inc. Distributors may promote and market The Travel Party Inc. services and recruit other The Travel Party Inc. Distributors over the Internet. Distributor Personal Website Addresses (URLs) and all sub domains of a Personal Website address are wholly owned by The Travel Party Inc.. The Travel Party Inc. reserves the right to limit advertising of its websites. Only approved advertising and online promotional tools may be used.
4.2.4 Independently produced websites. The Travel Party Inc. allows its Independent Distributors to place approved advertising on the Internet to promote the The Travel Party Inc. Opportunity, The Travel Party Inc. services and designated The Travel Party Inc. websites only. However, any Websites (or URLs designating these websites) on which such advertisements or links are placed may not be obscene, pornographic or otherwise deemed harmful to The Travel Party Inc. reputation as determined by The Travel Party Inc. at its sole discretion. Additionally, URLs of websites used for advertising the The Travel Party Inc. Opportunity, The Travel Party Inc. products and services and designated The Travel Party Inc. websites may not contain any term that is a trademark, service mark, copyright, or that violates any other proprietary right held by another. Approved advertising includes only those advertising tools made available to The Travel Party Inc. Distributors through the The Travel Party Inc. website. The Travel Party Inc. prohibits the use of unapproved online advertising to promote the The Travel Party Inc. Opportunity, The Travel Party Inc. products and services or any The Travel Party Inc. website address (URL) or sub domain of a The Travel Party Inc. URL.
Other than through a The Travel Party Inc.-provided Distributor Personal Website, The Travel Party Inc. Distributors are prohibited from using websites to take orders for the The Travel Party Inc. Opportunity or for The Travel Party Inc. products and services.
4.2.5 Links to a The Travel Party Inc. website. Personal website subscribers are granted a limited, non-exclusive right to create a hypertext link to the sub domain provided by The Travel Party Inc. that designates the Distributor's personal store (example: www.goTheTravelParty.com/yoursitename), provided such link does not portray The Travel Party Inc. and/ or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner. Also, a Distributor cannot create an impression that any sub domain is part of his or her own or other non-The Travel Party Inc.-maintained site. This limited right may be revoked at any time. Frames or framing techniques cannot be used to enclose any The Travel Party Inc. trademark, logo, or proprietary information, including the images found at this website and the content of any text of the layout/design of any page or form contained on a page without The Travel Party Inc. express written consent. The Travel Party Inc. Distributors cannot send any unsolicited mail or email (mail or email to people who have not signed up on a mailing list).
Except as noted above, The Travel Party Inc. Independent Distributors are not conveyed any patent, trademark, copyright, or proprietary right of The Travel Party Inc. or any of its affiliated companies or any third party.
4.2.6 Banner Advertising. From time to time The Travel Party Inc. makes banner ads and other online advertising tools available to The Travel Party Inc. Distributors through back office. These tools may be used by The Travel Party Inc. Distributors to promote The Travel Party Inc. services and the The Travel Party Inc. Opportunity as they are intended and as Distributors are directed to use them in the back office. As with any The Travel Party Inc. online promotions, these tools may not be placed on websites or linked to websites or URLs that are obscene, pornographic or otherwise deemed harmful to The Travel Party Inc. reputation as determined by The Travel Party Inc. at its sole discretion.
4.2.7 Domain Names. Distributors may not use or attempt to register any of The Travel Party Inc. trade names, trademarks, service names, service marks, product names, the Company's name, or any derivative thereof, for any Internet domain name.
4.2.8 Trademarks and Copyrights. The Travel Party Inc. will not allow the use of its trade names, trademarks, designs, or symbols by any person, including The Travel Party Inc. Distributors, without its prior, written permission. Distributors may not produce for sale or distribution any recorded Company events and speeches without written permission from The Travel Party Inc. nor may Distributors reproduce for sale or for personal use any recording of Company-produced audio or video presentations.
4.2.9 Media and media inquiries. All media relations efforts must be coordinated through the The Travel Party Inc. Public Relations Department. Any Distributor who is contacted by the media or wishes to contact the media must first contact a The Travel Party Inc. Public Relations representative before taking any action and/or issuing any statement. Any communications with TV, radio and print media must first be approved by The Travel Party Inc. Public Relations.
4.2.10 Unsolicited email. The Travel Party Inc. does not permit Distributors to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations including, without limitation, the federal CAN SPAM Act. Any email sent by a Distributor that promotes The Travel Party Inc., the The Travel Party Inc. opportunity, or The Travel Party Inc. products and services must comply with the following:
- There must be a functioning return email address to the sender.
- There must be a notice in the email that advises the recipient that he or she may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning "opt-out" notice).
- The email must include the Distributor's physical mailing address.
- The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
- The use of deceptive subject lines and/or false header information is prohibited.
- All opt-out requests, whether received by email or regular mail, must be honored. If a Distributor receives an opt-out request from a recipient of an email, the Distributor must forward the opt-out request to the Company.
The Travel Party Inc. may periodically send commercial emails on behalf of Distributors. By entering into the Distributor Agreement, Distributor agrees that the Company may send such e-mails and that the Distributor's physical and email addresses will be included in such emails as outlined above. Distributors shall honor opt-out requests generated as a result of such emails sent by the Company.
4.3 Bonus Buying
Prohibited Bonus buying is strictly and absolutely prohibited. "Bonus buying" includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Independent Distributor Application and Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as a Distributor or customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Distributors or customers ("phantoms"); (d) Purchasing The Travel Party Inc. products or services on behalf of another Distributor or customer, or under another Distributor's or customer's I.D. number, to qualify for commissions or bonuses; and/or (e) any other mechanism or artifice to qualify for incentives, prizes, commissions or bonuses that is not driven by bona fide product or service purchases by end user consumers.
4.4 Business Entities
Business Entity transfers may not result in sponsor changes. To prevent the circumvention of Section 4.24 (regarding transfers and assignments of The Travel Party Inc. business), if an additional partner, shareholder, member, or other business entity affiliate is added to a business entity, the original applicant must remain as a party to the original Distributor Application and Agreement. If the original Distributor wants to terminate his or her relationship with the Company, he or she must transfer or assign his or her business in accordance with Section 4.24.
If this process is not followed, the business shall be cancelled upon the withdrawal of the original Distributor. All bonus and commission payment will be sent to the address of record of the original Distributor.
Please note that the modifications permitted within the scope of this paragraph do not include a change of sponsorship. Changes of sponsorship are addressed in Section 4.5, below.
4.5 Change of Sponsor
To protect the integrity of all marketing organizations and safeguard the hard work of all Distributors, The Travel Party Inc. prohibits changes in sponsorship. Maintaining the integrity of sponsorship is critical for the success of every Distributor and marketing organization. Accordingly, the transfer of a The Travel Party Inc. business account from one sponsor to another is not permitted unless the Distributor voluntarily cancels his or her The Travel Party Inc. business or service and remains inactive (i.e., no purchases of The Travel Party Inc. services, no sales of The Travel Party Inc. services, no sponsoring, no attendance at any The Travel Party Inc. functions, participation in any other form of Distributor activity, or operation of any other The Travel Party Inc. business) for six full calendar months. Following the six-month period of inactivity, the former Distributor or customer may reapply under a new sponsor.
In cases in which an improper sponsor change has occurred, The Travel Party Inc. reserves the sole and exclusive right to determine the final disposition of the down line organization. Resolving conflicts over the proper placement of a down line that has developed under an organization that has improperly switched sponsors is often extremely difficult. Therefore, DISTRIBUTORS WAIVE ANY AND ALL CLAIMS AGAINST The Travel Party Inc. THAT RELATE TO OR ARISE FROM The Travel Party Inc.DECISION REGARDING THE DISPOSITION OF ANY DOWN LINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
4.6 Unauthorized Claims
4.6.1 indemnification. A Distributor is fully responsible for all of his or her verbal and written statements made regarding The Travel Party Inc. products, services, and the Compensation Plan that are not expressly contained in official The Travel Party Inc. materials. Distributors agree to indemnify The Travel Party Inc. and The Travel Party Inc. directors, officers, employees, and agents, and hold them harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by The Travel Party Inc. as a result of the Distributor's unauthorized representations or actions. This provision shall survive the termination of the Distributor Agreement.
4.6.2 income claims. In their enthusiasm to enroll prospective Distributors, some Distributors are occasionally tempted to make income claims or earnings representations to demonstrate the inherent power of network marketing. This is counter-productive because new Distributors may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved. At The Travel Party Inc., we firmly believe that the The Travel Party Inc. potential is great enough to be highly attractive, without reporting the earnings of others.
Moreover, the Federal Trade Commission and several states/provinces have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by persons engaged in network marketing. While Distributors may believe it beneficial to provide copies of payment, or to disclose the earnings of themselves or others, such approaches have legal consequences that can negatively impact The Travel Party Inc. as well as the Distributor making the claim unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Because The Travel Party Inc. Distributors do not have the data necessary to comply with the legal requirements for making income claims, a Distributor, when presenting or discussing the The Travel Party Inc. opportunity or Compensation Plan to a prospective Distributor, may not make income projections, income claims, or disclose his or her The Travel Party Inc. income (including the showing of payment, copies of payment, bank statements or tax records).
4.6.3 Product Claims. Distributors are prohibited from making any claim regarding The Travel Party Inc. products that deviates from the product's terms, pricing and conditions.
4.6.4 Claiming to be a customer. Distributors are strictly prohibited from portraying themselves as a customer. Distributors shall not complete, sign documents for a customer or act on behalf of a customer.
4.7 Trade Shows, Expositions and Other Sales Forums
Distributors may display and/or sell The Travel Party Inc. services at trade shows and professional expositions. Before submitting a deposit to the event promoter, Distributors must contact Distributor Support in writing for conditional approval.
4.8 Conflicts of Interest
4.8.1 No solicitation. The Travel Party Inc. Distributors are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively "network marketing"). However, during the term of this Agreement, Distributors may not directly or indirectly recruit other The Travel Party Inc. Distributors or customers for any other network marketing business.
Following the cancellation of a Distributor's Independent Distributor Agreement, and for a period of one year thereafter, with the exception of a Distributor who is personally sponsored by the former Distributor, a former Distributor may not recruit any The Travel Party Inc. Distributor or Customer for another network marketing business. "Recruit" means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another The Travel Party Inc. Distributor or customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
Distributors and the Company recognize that because network marketing is conducted through networks of independent contractors broadly dispersed internationally, and business is commonly conducted via the Internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, Distributors and The Travel Party Inc. agree that this non-solicitation provision shall apply internationally.
4.8.2 Sale of competing services. Distributors must not sell, or attempt to sell, any non-The Travel Party Inc. related programs, products or services to The Travel Party Inc. customers or Distributors.
4.8.3 Distributor participation in other direct selling programs. If a Distributor is engaged in other non-The Travel Party Inc. direct selling programs, it is the responsibility of the Distributor to ensure that his or her The Travel Party Inc. business is operated entirely separate and apart from any other program. To this end, the following must be adhered to:
Distributors shall not display competing promotional material, sales aids, products or services with or in the same location as any The Travel Party Inc. promotional material or sales aids, products or services.
Distributors may not offer any non- The Travel Party Inc. opportunity, products, services or opportunity at any The Travel Party Inc.-related meeting, seminar or convention, or within 2 hours and a 5-mile radius of the The Travel Party Inc. event. If the The Travel Party Inc. meeting is held telephonically or on the Internet, any non-The Travel Party Inc. meeting must be at least two hours before or after the The Travel Party Inc. meeting, and on a different conference telephone number or Internet address from the The Travel Party Inc. meeting.
4.8.4 Down line activity (genealogy) reports. Distributor access to their Down line Activity Reports is password protected. All down line Activity Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to The Travel Party Inc.. Down line Activity Reports are provided to Distributors in strictest confidence and are made available to Distributors for the sole purpose of assisting Distributors in working with their respective Down line Organizations in the development of their The Travel Party Inc. business. Distributors should use their Down line Activity Reports to assist, motivate, and train their down line Distributors. The Distributor and The Travel Party Inc. agree that, but for this agreement of confidentiality and nondisclosure, The Travel Party Inc. would not provide down line Activity Reports to the Distributor.
A Distributor shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
18.104.22.168 Directly or indirectly disclose any information contained in any down line Activity Report to any third party;
22.214.171.124 Directly or indirectly disclose the password or other access code to his or her down line Activity Report;
126.96.36.199 Use the information to compete with The Travel Party Inc. or for any purpose other than promoting his or her The Travel Party Inc. business.
188.8.131.52 Recruit or solicit any Distributor or Customer of The Travel Party Inc. listed on any report or in any manner attempt to influence or induce any Distributor or preferred Customer of The Travel Party Inc., to alter their business relationship with The Travel Party Inc..
184.108.40.206 Use or disclose to any person, partnership, association, corporation, or other entity any information contained in any Down line Activity Report.
Upon demand by the Company, any current or former Distributor will return the original and all copies of Down line Activity Reports to the Company.
4.9 Targeting Other Direct Sellers
The Travel Party Inc. does not condone Distributors specifically or consciously targeting the sales force of another direct sales company to sell The Travel Party Inc. products or to become Distributors for The Travel Party Inc., nor does The Travel Party Inc. condone Distributors' solicitation or enticement of members of the sales force of another direct sales company to violate the terms of their contract with such other company. Should Distributors engage in such activity, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration or mediation is brought against a Distributor alleging that he or she engaged in inappropriate recruiting activity of its sales force or customers, The Travel Party Inc. will not pay any of Distributor's defense costs or legal fees, nor will The Travel Party Inc. indemnify the Distributor for any judgment, award, or settlement.
Actual or attempted cross-sponsoring is strictly prohibited. "Cross-sponsoring" is defined as the enrollment of an individual or entity that already has a current customer or Distributor Agreement on file with The Travel Party Inc., or who has had such an agreement within the preceding six calendar months, within a different line of sponsorship. The use of a spouse's or relative's name, trade names, DBAs, assumed names, corporations, partnerships, trusts, federal ID numbers, or fictitious ID numbers to circumvent this policy is prohibited. Distributors shall not demean, discredit or defame other The Travel Party Inc. Distributors in an attempt to entice another Distributor to become part of the first Distributor's marketing organization. This policy shall not prohibit the transfer of an The Travel Party Inc. business in accordance with Section 4.5.
If cross-sponsoring is discovered, it must be brought to the Company's attention immediately. The Travel Party Inc. may take disciplinary action against the Distributor that changed organizations and/or those Distributors who encouraged or participated in the cross-sponsoring. The Travel Party Inc. may also move all or part of the offending Distributor's down line to his or her original down line organization if the Company deems it equitable and feasible to do so. However, The Travel Party Inc. is under no obligation to move the cross-sponsored Distributor's down line organization, and the ultimate disposition of the organization remains within the sole discretion of The Travel Party Inc. Distributors waive all claims and causes of action against The Travel Party Inc. arising from or relating to the disposition of the cross-sponsored Distributor's down line organization.
4.11 Geographic Restrictions
The company Website is based in Belize, Central america. We provide this company Website for use only by persons located in countries in which The Travel Party Inc. does business. We make no claims that the company Website or any of its content is accessible or appropriate outside of those countries. Access to thecompany Website may not be legal by certain persons or in certain countries. If you access the company Website from outside a market in which The Travel Party Inc. does business, you do so on your own initiative and are responsible for compliance with local laws.
4.12 Contacting Suppliers
Under no circumstances may a Distributor contact any The Travel Party Inc. supplier of service or other The Travel Party Inc. supplier of services without prior written authorization from an authorized officer of The Travel Party Inc. Further, under no circumstances may a Distributor directly contact a competitive supplier on behalf of The Travel Party Inc. or in connection with any The Travel Party Inc. business without receiving prior written authorization from an authorized officer of The Travel Party Inc.
4.13 Errors or Questions
If a Distributor has questions about or believes any errors have been made regarding commissions, bonuses, down line activity reports, or charges, the Distributor must notify The Travel Party Inc. in writing within 60 days of the date of the purported error or incident in question. The Travel Party Inc. will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
4.14 Governmental Approval or Endorsement
Neither federal nor state/provincial regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, Distributors shall not represent or imply that The Travel Party Inc. or its Compensation Plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.
4.15 For Future Use
4.16 For Future Use
4.17 Income Taxes
Each Distributor is responsible for paying local, state/provinial, federal taxes and or country taxes on any income generated as an Independent Distributor.
4.18 Independent Contractor Status
Distributors are independent contractors, and are not purchasers of a franchise or a business opportunity. The agreement between The Travel Party Inc., Inc., and its Distributors does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Distributor. A Distributor shall not be treated as an employee for his or her services or for Federal or State/Provinical tax purposes. All Distributors are responsible for paying local, state/provincial and federal taxes due from all compensation earned as a Distributor of the Company. The Distributor has no authority (expressed or implied), to bind the Company to any obligation. Distributors shall not portray themselves as an employee of The Travel Party Inc., or any subsidiaries or related to The Travel Party Inc. Marketing or The Travel Party Inc. entities. Each Distributor shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Distributor Agreement, these Policies and Procedures, and applicable laws.
The name The Travel Party Inc. and other names as may be adopted by The Travel Party Inc. are proprietary trade names, trademarks and service marks of The Travel Party Inc. As such, these marks are of great value to The Travel Party Inc. and are supplied to Distributors for their use only in an expressly authorized manner. Use of the The Travel Party Inc. name on any item not produced by the Company is prohibited except as follows:
Distributor's Name Independent The Travel Party Inc. Distributor The Travel Party Inc. corporate address The Travel Party Inc. corporate phone number.
All Distributors may list themselves as an "Independent The Travel Party Inc. Distributor" in the white or yellow pages of the telephone directory under their own name using only your personal email address, personal website and personal contact information. Distributors are prohibited from listing any and all The Travel Party Inc. or The Travel Party Inc. Marketing contact information in any directory. No Distributor may place telephone directory display ads using The Travel Party Inc. name or logo. Distributors may not answer the telephone by saying "The Travel Party Inc.", or in any other manner that would lead the caller to believe that he or she has reached corporate offices of The Travel Party Inc.
You may wish to arrange insurance coverage for your business. Your homeowner's insurance policy does not cover business-related injuries or the theft of or damage to business equipment. Contact your insurance agent to make certain that your business property is protected. This can often be accomplished with a simple "Business Pursuit" endorsement attached to your present homeowner's policy.
4.20 Adherence to Laws and Ordinances
Distributors shall comply with all federal, state/provincial, national and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to Distributors because of the nature of their business. However, Distributors must obey those laws that do apply to them. If a city, county or country official tells a Distributor that an ordinance applies to him or her, the Distributor shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of The Travel Party Inc. In most cases there are exceptions to the ordinance that may apply to The Travel Party Inc. Distributors.
A person who is under the age of 18 may not be a The Travel Party Inc. Distributor. Distributors shall not enroll or recruit minors into the The Travel Party Inc. program.
4.22 Family Businesses
4.22.1 One The Travel Party Inc. business per couple. The Travel Party Inc. permits a husband and wife, regardless of where each lives, to operate only one position in The Travel Party Inc., unless each individual is sponsored by the same Distributor, or unless each individual had a separate Distributor position prior to marriage. A husband and wife, by operating as a single Distributor, represent to The Travel Party Inc. that each of them (1) is bound by the terms of the Distributor Agreement and these Policies and Procedures; (2) is responsible for any and all conduct by his or her spouse even though only one spouse is designated as a Distributor; and (3) understands that if the spouse of any Distributor acts in a manner that would be a violation of the Distributor Agreement and/ or these Policies and Procedures, such violation will be attributed to the Distributor position, and thus to both the husband and wife.
4.22.2 Family members within the same household. All Distributors and their children, siblings, parents and in-laws residing in the same household may, at the time one or more of them is being sponsored, have the same sponsor or may have one The Travel Party Inc. business. By way of example, a parent and adult child living in the same home may operate one Distributor position or may sign up under the same sponsor. Similarly, if spouses do not elect to operate as a single Distributor, each spouse must sign up under the same sponsor.
4.22.3 Actions of household members or affiliated individuals. If any member of a Distributor's immediate household engages in any activity which, if performed by the Distributor, would violate any provision of the Agreement, such activity will be deemed a violation by the Distributor and The Travel Party Inc. may take disciplinary action pursuant to the Statement of Policies against the Distributor. Similarly, if any individual associated in any way with a corporation, partnership, trust or other entity (collectively "affiliated individual") violates the Agreement, such action(s) will be deemed a violation by the entity, and The Travel Party Inc. may take disciplinary action against the entity.
Without a Designated Distributor Customers sponsored by cancelled ID's are not considered orphans and will not be transferred to another Distributor. Under no circumstances will a customer in cancelled status be transferred to another Distributor.
4.24 Sale, Transfer or Assignment of The Travel Party Inc. Business
Subject to The Travel Party Inc. prior review and approval, which approval The Travel Party Inc. may grant at its sole option and discretion, a Distributor may sell or transfer his/her Distributor position to an individual, partnership, trust or corporation. A sale will be defined as a change in which the individual(s) selling the Distributor position no longer maintain(s) a financial interest in the Distributor position upon completion of the sale. A transfer will be defined as a change in name and/or identification number in which the Distributor still retains any financial interest in the Distributor position upon completion of the transfer. Some examples of transfers are: transfer from one spouse to the other spouse; transfer from an individual to a corporation; trust or partnership or vice versa, in which the transferor or any individuals having an interest therein still retains a financial interest. In all cases, the transferor retains a financial interest/ ownership interest after the transfer. The review and approval process will not begin until The Travel Party Inc. has received all of the documentation required in accordance with the requirements set forth in the Position Sale/Transfer Packet, including a check or money order for the applicable processing fees from the Distributor who is selling or transferring the position. There is a $45.00 processing fee that must be paid by the transferor, and an additional $45.00 processing fee that must be paid by the transferee.
The Travel Party Inc. reserves the right, at its sole option and discretion, to determine a sale versus a transfer. The Travel Party Inc. will not approve any sale or transfer of a Distributor position for which The Travel Party Inc. receives a Notice of Levy from the Internal Revenue Service or a court-ordered garnishment (e.g., child support) against the transferring position. The Travel Party Inc. will also revoke any sale or transfer of a Distributor position that occurs within a 60-day period in which The Travel Party Inc. receives a Notice of Levy from the Internal Revenue Service or a court-ordered garnishment. The Travel Party Inc. also will not approve any sale or transfer of a Distributor position that involves a Distributor currently under investigation. Once the sale or transfer of a position has been completed, the transferring Distributor may not operate another Distributor position for six months from the date of the sale or transfer.
4.25 Separation of a The Travel Party Inc. Business
4.25.1 Divorce. Should a married couple operating a single Distributor position divorce, they must provide The Travel Party Inc. with (1) a certified copy of the final decree of divorce that sets forth ownership of the Distributor position; (2) a completed Sale/ Transfer Form dated no later than ten (10) business days after the date of the final decree of divorce, and (3) a $45 nonrefundable check or money order for processing fees. Until The Travel Party Inc. receives proper documentation, the Distributor position will retain its pre-divorce ownership and no changes to the Distributor position will be implemented unless ordered by a court of law.
4.25.2 Business entity dissolution. Upon the dissolution of a business entity (trust, partnership, corporation, etc.), the owners of the business entity shall provide The Travel Party Inc. with written instruction on who shall be the proper party(s) to continue to operate the business, and a $45.00 processing fee shall apply. The written instruction shall be signed by all owners, shareholders, partners, or trustees, and all signatures shall be notarized.
4.25.3 No commission or down line division. Under no circumstances will the Down line Organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will The Travel Party Inc. split commission and bonus payments between divorcing spouses or members of dissolving entities. The Travel Party Inc. will recognize only one Down line Organization and will issue only one commission payment per The Travel Party Inc. business per commission cycle. Commission payment shall always be issued to the same individual or entity. If a former spouse has completely relinquished all rights in the original The Travel Party Inc. business pursuant to a divorce, he or she is thereafter free to enroll under any sponsor of his or her choosing without waiting six calendar months. In the case of business entity dissolutions, the former partner, shareholder, member, or other entity affiliate who retains no interest in the business must wait six calendar months from the date of the final dissolution before re-enrolling as a Distributor. In either case however, the former spouse or business affiliate shall have no rights to any Distributors in their former organization or to any former retail customer. They must develop the new business in the same manner as would any other new Distributor.
All active Distributors in good standing have the right to sponsor and enroll others into The Travel Party Inc.. Each prospective customer or Distributor has the ultimate right to choose his or her own Sponsor. If two Distributors claim to be the Sponsor of the same new Distributor or customer, the Company shall decide who will be the sponsor.
Upon the death or incapacitation of a Distributor, his or her business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Accordingly, a Distributor should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a The Travel Party Inc. business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Distributor's marketing organization provided the following qualifications are met. The successor(s) must:
Meet all of the qualifications for the deceased or incapacitated Distributor's status.
Bonus and commission payment of a The Travel Party Inc. business transferred pursuant to this section will be paid in a single payment jointly to the devisees. The devisees must provide The Travel Party Inc. with an "address of record" to which all bonuses and commission payment will be sent.
If the business is bequeathed to joint devisees, they must form a business entity. The Travel Party Inc. will issue all bonus and commission payment. All the laws of the country the business resides in shall apply.
4.27.1 Transfer upon death of an active distributor. In addition to complying with the above provisions of Section 4.27, to effect a testamentary transfer of a The Travel Party Inc. business, the successor must provide the following to The Travel Party Inc.: (1) an original death certificate; (2) a notarized copy of the will or other instrument establishing the successor's right to the The Travel Party Inc. business; and (3) a completed and executed Distributor Agreement.
4.27.2 Transfer upon incapacitation of a distributor. In addition to complying with the above provisions of Section 4.27, to effectuate a transfer of a The Travel Party Inc. business because of incapacity, the successor must provide the following to The Travel Party Inc.: (1) a notarized copy of an appointment as trustee; (2) a notarized copy of the trust document or other documentation establishing the trustee's right to administer the The Travel Party Inc. business; and (3) a completed Distributor Agreement executed by the trustee.
4.28 Telemarketing techniques.
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states/provinces) have "do not call". Although The Travel Party Inc. does not consider Distributors to be "telemarketers" in the traditional sense of the word, these government regulations broadly define regulations as part of their telemarketing laws the term "telemarketer" and "telemarketing" so that your inadvertent action of calling someone whose telephone number is listed on the federal "do not call" registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties (up to $11,000 per violation).
Therefore, Distributors must not engage in telemarketing in the operation of their The Travel Party Inc. businesses. The term "telemarketing" means the placing of one or more telephone calls to an individual or entity to induce the purchase of a The Travel Party Inc. product or service, or to recruit them for the The Travel Party Inc. Opportunity. "Cold calls" made to prospective customers or Distributors that promote either The Travel Party Inc.products or services or the The Travel Party Inc. Opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Distributor (a "prospect") is permissible under the following situations:
If the Distributor has an established business relationship with the prospect. An "established business relationship" is a relationship between a Distributor and a prospect based on the prospect's purchase, rental or lease of goods or services from the Distributor, or a financial transaction between the prospect and the Distributor, within the 18 months immediately preceding the date of a telephone call to induce the prospect's purchase of a product or service.
The prospect's personal inquiry or application regarding a product or service offered by the Distributor, within the three months immediately preceding the date of such a call.
If the Distributor receives written and signed permission from the prospect authorizing the Distributor to call. The authorization must specify the telephone number(s) that the Distributor is authorized to call.
You may call family members, personal friends, and acquaintances. An "acquaintance" is someone with whom you have at least a recent first-hand relationship within the preceding three months. Bear in mind, however, that if you make a habit of "card collecting" with everyone you meet and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if you engage in calling "acquaintances," you must make such calls on an occasional basis only and not make this a routine practice. If calling on businesses check local ordinances to see if businesses are exempt from the Do Not Call list.
In addition, Distributors shall not use automatic telephone dialing systems relative to the operation of their The Travel Party Inc. businesses. The term "automatic telephone dialing system" means equipment which has the capacity to: (a) store or produce telephone numbers to be called using a random or sequential number generator; and (b) to dial such numbers.
4.29 Door-to-Door Marketing
Distributors shall not engage in residential door-to-door marketing in relation to their The Travel Party Inc. Independent Distributor business, however it is permissible for distributors to cold call on businesses to promote the services and products The Travel Party Inc. offers.
4.30 Prospective Distributor and Customer Information
Buying or selling or inducing others to buy or sell customer or prospective customer information is strictly prohibited at all times. Distributors shall not provide any type of incentive for action(s) or proposed action(s) to induce a Distributor or third party to sell any information pertaining to a The Travel Party Inc. customer or prospective customer.
SECTION 5 - RESPONSIBILITIES OF DISTRIBUTOR
5.1 Change of Address, Telephone, and E-Mail Addresses
Distributors must report any change of address, email address, or telephone number by calling Distributor Support or by sending written notice to The Travel Party Inc. at the following address: The Travel Party Inc. Attention: Distributor Support 16 Hutson St., Suite 304, Belize City, Belize, Central America. Written notification of an address change must be signed by all parties when a position is owned by more than one individual (e.g., husband and wife). When mail is returned to The Travel Party Inc. because The Travel Party Inc. has not been informed of an address change, the Distributor is placed on inactive status.
5.2 Continuing Development Obligations
5.2.1 Ongoing training. Any Distributor who sponsors another Distributor into The Travel Party Inc. must perform a bona fide assistance and training function to ensure that his or her down line is properly operating his or her The Travel Party Inc. business. Distributors must have ongoing contact and communication with the Distributors in their Down line Organizations. Examples of such contact and communication may include, but are not limited to, newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of down line Distributors to The Travel Party Inc. meetings, training sessions, and other functions. Up line Distributors are also responsible to motivate and train new Distributors in The Travel Party Inc. product knowledge, effective sales techniques, the The Travel Party Inc. Compensation Plan, and compliance with Company Policies and Procedures. Communication with and the training of down line Distributors must not, however, violate Section 4.2 (regarding the development of Distributor-produced sales aids and advertising materials).
Distributors must monitor the Distributors in their Down line Organizations to ensure that down line Distributors do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every Distributor should be able to provide documented evidence to The Travel Party Inc. of his or her ongoing fulfillment of the responsibilities of a Sponsor.
5.2.2 Increased training responsibilities. As Distributors progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the The Travel Party Inc. program. They will be called upon to share this knowledge with lesser experienced Distributors within their organization.
5.2.3 Ongoing sales responsibilities. Regardless of their level of achievement, Distributors have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
5.3 No Disparagement
The Travel Party Inc. wants to provide its Independent Distributors with the best products, compensation plan, and service in the industry. Accordingly, we value your constructive criticism and comments. All such comments should be submitted in writing to The Travel Party Inc. Distributor Support Department. Remember, to best serve you, we must hear from you! While The Travel Party Inc. welcomes constructive input, negative comments and remarks made in the field by Distributors about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other The Travel Party Inc. Distributors. For this reason, and to set the proper example for their down line, Distributors must not disparage, demean or make negative remarks about The Travel Party Inc., other The Travel Party Inc. Distributors, The Travel Party Inc. products, the Marketing and Compensation plan, or The Travel Party Inc. directors, officers or employees.
5.4 Providing Documentation to Applicants
Distributors must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are sponsoring to become Distributors before the applicant digitally signs a Distributor Agreement.
5.5 Reporting Policy Violations
Distributors observing a Policy violation by another Distributor should submit a written report of the violation directly to the attention of the The Travel Party Inc. Compliance Department. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report.
For questions regarding compliance with The Travel Party Inc. Policies and Procedures or any applicable laws or to report known or suspected Distributor misconduct, you are encouraged to contact Compliance Department by (1) email at firstname.lastname@example.org or (2) or mail to: The Travel Party Inc., Attention: Compliance,16 Hutson St., Suite 304, Belize City, Belize, Central America
If you are contacted by either The Travel Party Inc. or a government authority regarding policy violations that you either have knowledge of or that you are alleged to have committed, you agree to fully assist with such investigation.
SECTION 6 - SALES REQUIREMENTS
6.1 Product Sales
The Travel Party Inc. Compensation Plan is based on the sale of The Travel Party Inc. products and services to end consumers. Distributors must fulfill personal and Down Line Organization retail sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses and commissions.
6.2 Full Cost Disclosure
When enrolling customers, you must provide to them all of the costs involved with the service. This includes all of the following, if applicable: monthly service fees, one-time fees, taxes and surcharges, and other costs.
6.3 No Territory Restrictions
There are no exclusive territories granted to anyone.
SECTION 7 - BONUSES AND COMMISSIONS
7.1 Right of Offset
An Affiliate is not required to subscribe to any The Travel Party Inc. service in order to become a The Travel Party Inc. Affiliate.
Reserved Vesting shall not entitle a Distributor to commissions or other payments that have been otherwise forfeited under the terms of the Distributor Application and Agreement or these Policies and Procedures.
All information provided by The Travel Party Inc.including but not limited to personal and group sales volume (or any part thereof), and down line sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check chargeback's; the information is not guaranteed by The Travel Party Inc. or any persons creating or transmitting the information. ALL PERSONAL AND GROUP SALES VOLUME INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, The Travel Party Inc. AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY DISTRIBUTOR OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND GROUP SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF The Travel Party Inc. OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, The Travel Party Inc. OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to and use of The Travel Party Inc. online reporting services and your reliance upon such information is at your own risk. All such information is provided to you "as is." If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to The Travel Party Inc.online reporting services and your reliance upon the information.
SECTION 8 - REFUND POLICY
8.1 By Enrolling as a The Travel Party Member (Tourist or Adventurer):
8.1.1 I authorize The Travel Party Inc. to debit my checking account, Credit Card or other accepted method of payment for the enrollment/membership fee as indicated at the point of sign-up, plus any applicable local sales tax.
220.127.116.11 I, the buyer (Tourist), may cancel this transaction at any time prior to midnight of the thirtieth business day after the date of this transaction as long as I have not utilized any of The Travel Party Inc. products. To cancel this transaction, mail or deliver a written, signed and dated Cancellation Notice, to The Travel Party Inc.,
16 Hutson St., Suite 304,
Belize City, Belize,
Central America NOT LATER THAN MIDNIGHT of the thirtieth business day following the date of this transaction.
18.104.22.168 I, the buyer (Adventurer), may cancel this transaction at any time prior to midnight of the fourteenth business day after the date of this transaction as long as I have not utilized any of The Travel Party Inc. products. To cancel this transaction, mail or deliver a written, signed and dated Cancellation Notice, to The Travel Party Inc., 16 Hutson St., Suite 304, Belize City, Belize, Central America NOT LATER THAN MIDNIGHT of the thirtieth business day following the date of this transaction.
8.1.3 I, the buyer (Adventurer), 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 email to billing@TheTravelParty.com.
8.1.4 I, the buyer, understand that many of the products and services offered to me are provided to me by third parties and that The Travel Party Inc. provides no warranties or guarantees regarding the products and services made available to me. I agree to look exclusively to the actual supplier of goods and services for any refunds, warranties or guarantees to which I may be entitled.
8.2 Acceptance of this refund policy it is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products, you indicate that you have read this refund policy and that you agree with and fully accept the term of this refund policy.
If you do not agree with or fully accept the terms of this refund policy we ask that you do not place an order with us.
SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a Distributor that, in the sole discretion of the Company may damage its reputation or goodwill (such damaging act or omission need not be related to the Distributor's The Travel Party Inc. business), may result, at The Travel Party Inc. discretion, in one or more of the following corrective measures:
Issuance of a written warning or admonition; Requiring the Distributor to take immediate corrective measures; Imposition of a fine, which may be withheld from bonus and commission payment; Loss of rights to one or more bonus and commission payment; The Travel Party Inc. may withhold from a Distributor all or part of the Distributor's bonuses and commissions during the period that The Travel Party Inc. is investigating any conduct allegedly in violation of the Agreement. If a Distributor's business is cancelled for disciplinary reasons, the Distributor will not be entitled to recover any commissions withheld during the investigation period; Suspension of the individual's Distributor Agreement for one or more pay periods; Involuntary termination of the offender's Distributor Agreement; Termination and/or suspension of the offending Distributor's The Travel Party Inc. Marketing website or website access; Any other measure expressly allowed within any provision of the Agreement or which The Travel Party Inc. deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Distributor's policy violation or contractual breach; In situations deemed appropriate by The Travel Party Inc., the Company may institute legal proceedings for monetary and/or equitable relief.
SECTION 10 - INACTIVITY AND CANCELLATION
10.1 Effect of Cancellation
So long as a Distributor remains active and complies with the terms of the Distributor Agreement and these Policies and Procedures, The Travel Party Inc. shall pay commissions to such Distributor in accordance with the Compensation Plan. A Distributor's bonuses and commissions constitute the entire consideration for the Distributor's efforts in generating sales and all activities related to generating sales (including building a down line organization). Following a Distributor's voluntary or involuntary cancellation of his or her Distributor Agreement (all of these methods are collectively referred to as "cancellation"), the former Distributor shall have no right, title, claim or interest to the marketing organization which he or she operated, or any commission or bonus from the sales generated by the organization. A Distributor whose business is cancelled will lose all rights as a Distributor. This includes the right to sell The Travel Party Inc. products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the Distributor's former down line sales organization. In the event of cancellation, Distributors agree to waive all rights they may have, including but not limited to property rights to their former down line organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former down line organization.
Following a Distributor's cancellation of his or her Distributor Agreement, the former Distributor shall not hold himself or herself out as a The Travel Party Inc. Distributor and shall not have the right to sell The Travel Party Inc. products or services. A Distributor whose Distributor Agreement is canceled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
10.2 Inactive Status
To remain "active," a Distributor must sponsor a new Distributor or enroll a new customer within the preceding four months. If a Distributor does not sponsor a new Distributor or enroll a new customer in the preceding four months, the Distributor's The Travel Party Inc. business will be placed into inactive status and no commission will trigger until the position is reactivated by sponsoring a new customer or Distributor. This rule does not apply in the Distributor's first year.
10.3 Involuntary Cancellation
A Distributor's violation of any of the terms of the Agreement, including any amendments that may be made by The Travel Party Inc. in its sole discretion may result in any of the sanctions listed in Section 9.1, including the involuntary cancellation of his or her Distributor Agreement. Cancellation shall be effective on the date on which written notice is mailed or delivered by an express courier to the Distributor's last known address (or fax number), or to his/her attorney, or when the Distributor receives actual notice of cancellation, whichever occurs first.
10.4 Voluntary Cancellation
A participant in this network marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address, which is: The Travel Party Inc. 16 Hutson St., Suite 304, Belize City, Belize, Central America
The written notice must include the Distributor's signature, printed name, address, and Distributor I.D. number. If a Distributor is also a customer of The Travel Party Inc., The Travel Party Inc. will continue to provide services to the customer, and invoice the customer for such services, unless he or she also specifically requests that his or her services also be cancelled.
SECTION 11 - DEFINITIONS
Active Distributor (Adventurer): A Distributor who has sponsored a new Distributor or enrolled a new customer in the preceding four months (after their first year).
Agreement: The contract between the Company and each Distributor includes the Distributor Application and Agreement, the The Travel Party Inc. Policies and Procedures, and the The Travel Party Inc. Compensation Plan, all in their current form and as amended by The Travel Party Inc. in its sole discretion. These documents are collectively referred to as the "Agreement."
Cancel: The termination of a Distributor's business. Cancellation may be either voluntary, involuntary, through non-renewal or inactivity.
Genealogy Report: A report generated by The Travel Party Inc. that provides critical data relating to the identities of Distributors, sales information, and enrollment activity of each Distributor's Marketing Organization. This report contains confidential and trade secret information which is proprietary to The Travel Party Inc..
Official The Travel Party Inc. Material: Literature, audios or videos, and other materials developed, printed, published and distributed by The Travel Party Inc. to Distributors.
Retail Customer / Customer (Tourist): An individual who purchases The Travel Party Inc. services from a Distributor but who is not a participant in the The Travel Party Inc. compensation plan.
Up line: This term refers to the Distributor or Distributors above a particular Distributor in a sponsorship line up to the Company. Conversely stated, it is the line of sponsors that links any particular Distributor to the Company