Independent Contractor Agreement 

This Independent Contractor Agreement (the 'Agreement') is made between Destins Travel Headquarters ('DTH'), located in Pearland, Texas, and the undersigned Independent Contractor ('IC'). DTH and IC are jointly referred to herein as “the Parties.”

This Agreement outlines the terms and conditions under which the IC will sell travel as an independent contractor through DTH, including responsibilities, commission structures, conduct expectations, and termination policies.

Contractual Status of Independent Contractor

The IC is an independent contractor, and by agreeing to this IC Agreement, the IC is not being engaged as an employee of DTH. It is the obligation of the IC to conduct its business in compliance with all statutory and regulatory requirements as may be required by law, without reliance upon DTH. All ICs must be a minimum of eighteen (18) years of age and be a US citizen or entity. This IC Agreement sets forth the requirements of the IC's booking of travel with DTH, which is non-exclusive, as well as the purchase of services from DTH. The terms of access to services and commissions related to the IC’s sale of travel are set forth in this IC Agreement. Should the IC make use of the opportunity to book travel with DTH, it agrees to be bound under the terms of this IC Agreement in doing so. As stated in this IC Agreement, DTH reserves the right to terminate this IC Agreement.

IC Will Provide Their Own Business Supplies and Be Responsible for Their Own Expenses. IC shall provide his/her own business cards and other promotional materials and shall otherwise be responsible for all expenses incurred in performing his/her duties under this IC Agreement.

Place of Work. The IC may choose where the work is to be performed.

Hours. The IC may work whatever hours he/she desire. There are no set office hours that the IC must maintain. The IC is not required to attend office meetings or training sessions, although attendance is highly suggested.

Risk of Loss/Profit Potential. IC assumes the risk of incurring a loss if the shared sales commission does not cover its business expenses. Similarly, IC enjoys the right to earn a profit yielded by commissions shared pursuant to this IC Agreement.

No Entitlement to Vacation or Health Benefits as IC. As a self-employed individual, the IC shall not receive or earn any vacation, sick, or PTO pay from DTH and is not covered under the medical, dental, or vision plans.

IC Shall Be Responsible for Filing All Taxes. The IC agrees to be responsible for all federal, state, and local payments related to the commissions received from DTH. IC agrees to be fully responsible for complying with all federal, state, and local laws in connection with performance of this IC Agreement, including, but not limited to, payment of any estimated or other federal, state, or local income taxes, payment of applicable charges for social security, FICA, worker’s compensation, and obtaining any required state or local licenses or registration as a self-employed Seller of Travel/IC. IC is also responsible for taxes and Social Security for any employee(s).

Taxes. IC agrees to indemnify and hold DTH harmless for any assessments against DTH because of any failure by IC to properly pay federal, state, or local income taxes (including estimated tax payments) and file returns in connection therewith, or to pay social security, FICA, or workers’ compensation.

Contracts and Authority to Bind. The IC has no authority to bind, obligate, or commit DTH by any promise or representation to perform services other than the transactions covered by this IC Agreement.

Insurance. It is highly recommended that IC maintain comprehensive general liability insurance, errors and omissions insurance, and any other business insurance that is generally accepted to run an independent travel business.

Restrictions and Conditions. The usage of DTH’s credentials, logos, trade names, and proprietary names by the IC is solely for the IC and those who have been granted express permission by DTH. The IC shall not divulge or otherwise allow any other party to use such credentialing or to allow for the usage of DTH’s credentials in which someone other than the IC is claiming a portion of the commission earned under this Agreement.

An IC employed by a travel agency or travel supplier is presumed to have a duty of loyalty to their employer and restrictions on their time during employment hours. DTH reserves the right to terminate any IC employed with a travel agency or travel supplier.

Enrollment Requirements and Terms

Enrollment Forms. All DTH Independent Travel Agent Intake Forms & Contracts are required to be completed by all potential ICs for consideration by DTH. DTH reserves the right to decline any enrollment request. All forms must be completed and sent to DTH within thirty (30) days of signing this IC Agreement. Failure to timely submit an Enrollment Form will result in the forfeiture of any registration fees.

Terms of IC Agreement: By submitting the DTH Independent Travel Agent Intake Form & Contract, IC agrees to $460 Initial Start-Up Fee and the $360 Annual renewal Fee access fee.  This includes errors & admission insurance, administrative, and agency fees.  The annual access fee is due on the 15th of every October after the initial setup. This annual access fee is subject to change by DTH for any renewal period, upon 30-day notice to the IC. This term will renew automatically unless IC or DTH notifies of its election to terminate this IC Agreement. DTH reserves the right to modify the terms of this IC Agreement for any successive term, or immediately during any term, to meet any statutory or regulatory requirements enacted or required to book travel. The IC may terminate this IC Agreement during any term; however, annual access fees are non-refundable and non-transferable.

Failure to Timely Submit Renewal Payment. Annual IC renewals shall only receive notice from DTH if there is a change in the renewal Service fee. It is the IC’s responsibility to maintain a valid credit card or other method of payment with DTH and remain in good standing in the payment of renewal charges to DTH. An IC’s failure to timely pay its renewal fees, whether due to lapsed credit card information or suspension, will result in an automatic hold on the IC’s ability to earn a commission, and an IC is prohibited from booking further travel with DTH credentials until its payments to DTH are made.

Third-Party Credit Card Authorization Form. If an IC used a third-party credit card to enroll, they will be asked to have the credit card holder complete a Third-Party Credit Card Authorization Form. If the IC has not returned the Third-Party Credit Card Authorization Form within thirty (30) days of the form being sent, they will be cancelled from DTH, and the credit card used for enrollment will be refunded.

Business Ownership & Client Rights

IC Business Ownership. The IC shall bear all risks financially for its marketing, phones, delivery, premium mail services, client gifts, print costs, business cards, letterhead, invoices, office suppliers, auto expenses, legal fees, accounting fees, bad debts, mistakes in tickets or documents, quotes or collections, up-front client deposits, business travel expenses, medical and hospital insurance, subscriptions, auto and personal liability insurance, business insurance, state and federal income taxes, commission payments, and support to own IC’s payroll taxes, if employees are hired, FICA, SDI, unemployment tax, and workmen’s compensation insurance and hold DTH harmless therefrom. It is the sole responsibility of the IC to pay for repairs of personal property used for business purposes (e.g., personal computers, tablets, smartphones, printers, etc.). The IC shall obtain any necessary business license and Employee Identification Numbers.  The IC agrees to follow the rules and laws of outside agencies governing the travel industry, including, but not limited to: the state of California, the US Government, county and local governments, National Do Not Call Registry, ARC, IATAN, CLIA, and all travel suppliers. Any violation of these rules is the sole responsibility of the IC. The IC hereby agrees to indemnify and to hold DTH harmless from any such obligation arising from its violations of a governing body.

1. Client & Booking Ownership:
All client leads, bookings, and travel arrangements secured through DTH platforms, marketing efforts, supplier relationships, or internal systems (including TravelJoy, CRM databases, and DTH branding) remain the sole property of DTH. ICs are granted a license to service these clients while under active contract, but agree that they may not solicit, transfer, or retain DTH-generated clients or leads if this Agreement is terminated.

2. Personal Clients:
If the IC brings existing personal clients into DTH systems, the IC retains ownership of those client relationships only if:
• The IC can provide verifiable proof that these clients were acquired independently.
• The IC designates these clients as “IC-Owned” within DTH systems upon onboarding.
IC-Owned clients may remain with the IC upon termination, provided DTH’s branding, systems, or supplier agreements were not used to acquire them and all financial obligations to DTH are satisfied.

3. DTH Assets & Branding:
All DTH branding, trademarks, supplier relationships, proprietary training materials, marketing templates, and internal systems remain the exclusive property of DTH. Upon termination, the IC must immediately discontinue the use of:
• DTH logos, templates, and marketing assets.
• TravelJoy, supplier portals, and any shared client data.

4. Post-Termination Protection:
Upon termination of this Agreement, the IC agrees to:
• Cease the use of all DTH-owned client data.
• Fulfill any outstanding commission reconciliation obligations.
• Refrain from representing themselves as an affiliate of DTH.

IC’s Right to Hire Assistants. The IC retains the right to employ NON-BOOKING assistants at IC’s expense. These assistants can assist the IC with items such as marketing, customer service, and bookkeeping. The IC assumes all legal and financial responsibility for these assistants.

IC Sale of Travel Requirements

Compliance Requirement. All tickets and documents furnished by IC for IC’s clients will comply with all local, state, and federal laws. It is the IC’s responsibility to check with their local and state governments to make sure they are compliant in their area. All tickets and travel sold by the IC are to be provided in the name of disclosed suppliers, such as airlines, cruise lines, hotels, tour companies, and car rental companies. DTH shall not be liable to any IC client, and IC expressly agrees to indemnify and to hold DTH harmless from any claim or demand made by an IC client. The IC is solely responsible for any misquotes or any monies due because of an IC’s error. Quotes, pricing, disclosed or undisclosed defaults, supplier bankruptcies, and correct information for clients are the sole responsibility of the IC. ICs are not allowed to collect funds from clients under the pretense that clients will then receive special offers or discounts. The IC is required to follow procedures mandated by DTH, all travel suppliers, and all rules, regulations, and statutes that mandate specific conduct, procedures, or manner in which an IC must comply with all governmental laws.

Travel Documentation. All new commissionable booking information must be entered in Travel Joy. It is critical that this is done immediately after the booking is made. Without this information, DTH will not know who the booking IC is, will not properly allocate commissions earned, and will not be able to send out any notices or updates sent by the supplier pertaining to the booking and/or prepare the documents to be mailed out. Failure to do so may result in a forfeiture of any commission claimed due. Some suppliers offer travel documents to be mailed directly to the IC. If DTH approves and if a letter, email, phone, or fax needs to be sent, DTH will assist.

Clients who are not United States Citizens. If the IC books travel on behalf of a resident and/or citizen of a country other than the United States, IC acknowledges that applicable laws, regulations, taxes, and tariffs, as well as factors including, but not limited to, costs and charges associated with foreign shipping and handling, exchange rate fluctuations and points of origin/destination may reduce or eliminate benefits of doing business as an IC with DTH that would otherwise be available to a resident and citizen of the United States. Also, IC agrees to follow all rules and regulations that suppliers have when it pertains to booking guests who live outside the United States.

Supplier Registration. The IC can only use DTH credentials (TRUE, CLIA, IATA, phone, etc.) to register with approved suppliers that DTH has already registered with. IC may not use DTH’s credentials to register with a supplier that DTH is not registered with. The IC shall not use DTH’s credentials to register with a supplier using the IC’s EIN or submitting their own W9. Under no circumstances shall the IC attempt to request on DTH’s behalf to update or change any information in DTH’s profile with any DTH supplier. The IC is not allowed to change, delete, or add anything directly to DTH’s credentials with a supplier. If it is found that an IC attempted to or knowingly made changes, this IC Agreement shall be terminated, and the IC shall in addition to any other remedies provided by law, be liable to DTH for monetary claim for intentional interference with DTH’s business, and the IC shall pay to DTH for monetary damages the sum of no less than $10,000.00, as well as DTH’s costs to collect such monetary damages, including legal fees incurred prior to commencement of suit, DTH’s litigation costs, and legal fees incurred in any Court action to collect such monetary damages.

IC’s Use of DTH Industry Credentials. The CONFIDENTIAL TRUE, IATA, ARC, CLIA, ASTA, SELLER OF TRAVEL NUMBER, TELEPHONE NUMBER, OR ANY OTHER IDENTIFICATION/CREDENTIAL THAT HAVE BEEN DISCLOSED TO THE IC ARE TO BE USED ONLY BY THE IC DURING THE TERM OF THIS AGREEMENT AND ONLY FOR THE PURPOSES OF THE AGREEMENT. THESE NUMBERS SHALL NOT BE DISCLOSED TO PERSONS EXCEPT SUPPLIERS AND CANNOT BE TRANSFERRED OR SOLD TO ANY THIRD PARTY. Any disclosure of these numbers for any other purpose shall be deemed a violation of this paragraph of prohibited disclosure of trade secret material, which would cause direct, severe, and irreparable financial loss and hardship on DTH. An IC that continues to use DTH’s credentials after they have been notified of termination is in breach of this IC Agreement, the IC shall in addition to any other remedies provided by law, be liable to DTH for monetary claim for intentional interference with DTH’s business and disclosure of DTH’s trade secrets, and the IC shall pay to DTH for monetary damages the sum of no less than $10,000.00, as well as DTH’s costs to collect such monetary damages, including legal fees incurred prior to commencement of suit, DTH’s litigation costs, and legal fees incurred in any Court action to collect such monetary damages.

DTH to Receive All Commissions. DTH is entitled to a portion of all commissions paid for travel booked through DTH’s credentials by the IC. The IC agrees that all check and cash monies are to be transacted through DTH and never directly to the supplier when using DTH’s ARC, IATAN, CLIA, or other DTH booking credentials. In the event an IC or his/her clients send any monies directly to the supplier for bookings made using DTH’s ARC, IATAN, CLIA, or Booking Identification Number, this IC Agreement will be deemed in breach and may be terminated. All credit card transactions are to be transacted and processed by the IC directly with the supplier/vendor. If the IC authorizes or requests any supplier/vendor to send commission directly to the IC when using DTH’s TRUE, ARC, IATAN, CLIA, or DTH booking credentials, bypassing DTH, the IC must return all funds within five (5) business days of receiving an invoice. Further, the IC will forfeit all unpaid commissions, and this IC Agreement will be terminated.

Credit Card Transaction Liability. When an Independent Contractor (IC) accepts a credit card payment from a client, the IC assumes full responsibility for obtaining proper cardholder authorization, managing all chargebacks, declined transactions, and any instance of fraud or dispute. DTH shall not be held liable for any losses incurred from such incidents.

Authorized Payment Methods ICs are permitted to accept payments through third-party payment processors such as Square, Stripe, PayPal, etc., provided they meet all security and compliance standards. The IC must ensure the payment processor used is PCI DSS compliant, which means it adheres to the Payment Card Industry Data Security Standards for secure handling and storage of cardholder data.

Client-to-IC Payments:
Client payments may be made directly to the IC’s verified business payment platform. Once received, the IC may use their linked business debit or credit card to remit payment to the travel supplier on behalf of the client. This method is permitted as long as:

• The client is aware and consents to this payment structure.
• A signed payment authorization form is collected before charging the client.
• The IC remits payment to the supplier promptly and provides confirmation of payment to the client.

Prohibited Practices:

• ICs may not accept cash or personal checks payable to themselves or their business unless otherwise authorized in writing by DTH.
• Under no circumstances should a client’s card be used or charged without explicit, signed authorization.

Client Authorization Requirements:
Prior to processing any payment—whether directly with a supplier or via a third-party processor—the IC must obtain a signed credit card authorization form from the client. This form must include:

• Client’s full name and contact information
• Address
• Last 4 digits of the credit card, expiration date, CVV, and name onthe  card
• Total amount authorized
• Acknowledgment of the charge and supplier name (or agency, if processed directly)
• Client’s signature and date

DTH Disclosure:
If using a third-party processor, ICs must clearly communicate to clients that charges may appear under the IC’s business name or payment platform name (e.g., Square or Stripe). ICs are required to inform clients of the agency name and provide a receipt of payment.

Compliance & Recordkeeping:
All ICs must securely store signed credit card authorization forms for a minimum of 12 months and provide them upon request by DTH in the event of a dispute, refund, or audit. Failure to maintain proper authorization documentation may result in disciplinary action, up to and including termination. ICs are responsible for maintaining PCI DSS compliance and must not store raw credit card data electronically outside of the approved platform.

All Commissions Are Based Upon Payments on the Full Gross Amount. The IC agrees that all payments to suppliers for any booking under DTH credentials shall be for the FULL GROSS Amount. The IC shall not conduct business with a supplier to pay Net Fare (cost of package less the commission). Net Fare arrangements are expressly prohibited under this Agreement. Commissions shall be based on the FULL GROSS Amount. The FULL GROSS Amount is equal to the total amount due the supplier, including commissions to be paid. Any IC making bookings for less than the FULL GROSS Amount using DTH credentials will be subject to loss of IATA status and termination of this Agreement. Further, the IC shall be required to pay to DTH the greater of twice the total gross commission which should have been paid on the booking or $300.00, for each occurrence.

Chargeback/Dispute. When dispute memos are received that pertain to an IC’s booking, DTH will provide a copy of the debit memo to the IC. If the IC does not believe the debit memo to be valid, documentation to dispute the claim with the supplier must be furnished to the supplier and DTH’s Commissions Team within three (3) days. There is a $75 charge assessed to the IC for DTH assisting in a chargeback/dispute with the signed approval from the IC. DTH will help to avoid the chargeback or dispute, but ultimately, the IC is responsible for knowing and understanding the various rules. Any credit card dispute between the IC and the IC’s client is subject to the cardholder’s terms and conditions. In any case, the IC is responsible for payment to DTH of any debit memo within fourteen (14) days.

CAN-SPAM Act Compliance. For ICs utilizing TravelJoy to send emails, DTH has a strict policy against sending unsolicited emails. DTH does not and will not tolerate spam, and if IC is found using DTH services to further this unethical business activity, DTH will terminate the IC account and, with the help of a third-party provider, will bill IC accordingly for damages and other costs in clearing up the event. For more information regarding email spam policies, please review the CAN-SPAM Act Compliance Guide provided by the Federal Trade Commission.

Request by Client to Terminate their Relationship with IC. Although DTH does not want to take over an IC’s booked clients, in the event an IC’s client contacts DTH and wants to terminate their relationship with their IC, the Request to Change Agents Form must be completed and signed by the client. After the form has been reviewed, and if the client has a reasonable explanation of why they want to change or terminate their relationship with their agent and transfer the booking to DTH, DTH reserves the right to take over the reservation, and no commission will be paid to the IC.

Group Bookings. All bookings under DTH Booking Credentials shall be governed by the provisions set forth in Attachment B, the terms of which are fully incorporated herein. Any attempt to modify, interfere, or make changes to another IC’s booking or improper use of any information of another IC obtained through the Group Travel opportunities supported by DTH, shall in addition to any other remedies provided by law to any other IC or IC’s client who has been harmed, entitle DTH to a monetary claim against the IC for intentional interference with DTH’s business, and the IC shall pay DTH for monetary damages the sum of no less than $10,000.00, as well as DTH’s costs to collect such monetary damages, including legal fees incurred prior to commencement of suit, DTH’s litigation costs, and legal fees incurred in any Court action to collect such monetary damages.

Website Access and Logo Usage

Responsibility Related to Portal and Website Access. DTH is not responsible or liable and will be held harmless for any direct or indirect loss of business or inconveniences resulting from all functions, failures, downtime, or maintenance of any hardware, software, webpage hosting, telephone lines, cable lines, intranet, or internet. This includes Travel E-Solutions and any other online tools, websites, or services. All computer hardware and software provided by third-party vendors or suppliers is not the responsibility of DTH. Neither party shall be responsible for downtimes, delays, software failures, or nonperformance caused by acts of God or governmental authority, strikes or labor disputes, breach of contract by suppliers, or any other cause beyond the reasonable control of that party. The tools, websites, and services offered are provided at the sole discretion of DTH. These offerings may change at any time with or without notice.

IC’s use of DTH’s Name, Logos, and Proprietary Names. DTH’s trade names, logo, and proprietary names (Destins Travel Headquarters, LLC, Destins by Dorsey, LLC, DTH) are federally registered trademarks. They may not be used without the express written permission of DTH. The IC shall prominently display the IC’s status as an Independent Seller of Travel and Affiliate of Destins by Dorsey on every webpage or other materials where the DTH’s logos, trade names, or proprietary names are displayed. Use of DTH’s name, logo, or proprietary names without written permission is a violation of DTH's trademark rights, which IC acknowledges would cause DTH direct, severe, and irreparable financial loss, hardship, and loss of brand integrity. Misuse of these items will result in immediate termination of this agreement, and violators will be prosecuted.

Provisions Related to IC Clients

The IC is responsible for its own clients. Clients are not provided by DTH. DTH may, but shall not be required, to assist IC’s client or former client if: 

1. It has been deemed that the IC is unreachable, and immediate assistance is needed.

2. The client has contacted DTH and requested in writing their reason for terminating the relationship with their IC, after which the IC will be given an opportunity to correct the concern.

3. The IC passes away, becomes physically or mentally unable to perform their duties, or is no longer an IC with DTH.

If any of these conditions should occur, IC agrees to forfeit any claim to any commission, and DTH thereafter reserves the right to manage the client’s current booking and future bookings with no commission for such bookings being paid to the IC, or the IC’s personal or estate representative.

Commission Payments and Referral Bonus.

Base Rate Compensation of an IC. As compensation for the services rendered under this IC Agreement, the IC will receive 70% of the commission paid to DTH by the preferred/approved supplier, less applicable charges as stated herein. To receive this commission, ALL COMMISSIONABLE BOOKINGS MUST BE PUT INTO DTH’S CRM (TravelJoy), and the IC must be fully compliant in providing IC identifiers and other required information as set forth in this Agreement. Failure to do this may result in the IC NOT RECEIVING ANY COMMISSION.

Commissions Sent Directly to IC. The IC shall not authorize or request any supplier/vendor to send a commission or commissions directly to the IC when using DTH’s TRUE, ARC, IATAN, CLIA, or booking identification number. If an IC is in violation of this, in addition to other remedies of termination, the IC must return all funds directly received to DTH within five (5) business days of receiving a written demand from DTH. If the commission check from the supplier has not been cashed, IC must return the check to the supplier within five (5) business days and advise the supplier to re-issue a check payable to DTH Consulting, Inc. Failure to do so may result in termination of this Agreement.

Full Commission Requirements. Commissions due the IC are based upon the full commission being received by DTH based on the full aggregate total of payments and credits. If an onboard credit, gift, or amenity is needed to be competitive, ICs must adhere to the policies and rules put into place by each supplier. Failure to comply with the supplier's rebating and discounting policies may result in fines and/or termination. The funding of these types of additions must come out of the IC’s commission split. If found, in addition to other liabilities stated for breach, the IC is responsible for paying DTH the 10% to 20% due to DTH for the sale. The IC has fourteen (14) days to resolve this transaction. If this is not done, IC will be in breach of the agreement and will be terminated immediately.

Supplier Processing Fees. Certain commission payments carry a processing fee. The fee is assessed for the convenience of using the supplier who works with a travel agent. The decision of the supplier and their payment processing system determines this fee. DTH is not responsible for paying the fee, which will be deducted from the IC’s booking commission.

Wire Fees. Any wire fee associated with an IC for making or receiving payment is the IC’s responsibility.

Exchange Fee. All manual foreign checks or foreign ACHs include a currency exchange fee, which DTH is not responsible for.

The booking commission will be reconciled in US funds.

Postage Cost. The cost of all mail pieces (including but not limited to certificates, brochures, gifts, and travel documents) sent from DTH is the responsibility of the IC. The cost will be deducted from the IC’s next commission payment in the form of an adjustment. DTH is not responsible for the event of damage or loss of a package. IC is responsible for keeping its mailing address current with DTH. To avoid postage costs, an IC can make a request to a supplier to have mail pieces sent directly to the IC or the IC’s client.

Timing of Commission Payments. DTH pays commission when the following takes place: IC Enrollment fee is current, IC has entered the booking details in TravelJoy, clients have departed, the supplier has paid DTH, and IC is due a minimum of $50 in commission. All shipping fees, chargebacks, disputes, foreign transaction fees, and other costs IC has incurred can be deducted from the commission earned. If DTH does not receive payment for any chargebacks or disputes, the amount will be deducted from future pending commissions until the full amount is reconciled. DTH reserves the right to withhold payments to IC unless and until all charges on IC’s account have been fully reconciled. DTH will pay the IC via direct deposit weekly as long as the commission paid requirements are met. DTH uses ACH (Automated Clearing House) to make automatic commission payments to IC’s bank account on file. It is the IC’s responsibility to update DTH if the bank account on file has changed by using the Commission Direct Deposit Form in the Agent Portal. If an IC requests a manual check, for ALL Canadian ICs, a $20 fee per check applies.

Commission Hold. DTH reserves the right to hold commissions if the IC is in credit card decline, under review, or DTH is handling an IC chargeback or dispute issue. If the IC participates and is enrolled under an agency program with DTH, this hold will apply to all agency participant commissions of the IC. All commission holds shall continue until all issues with the IC and its agency participants have been fully resolved.

Negative Balance. If the IC has a negative balance due to DTH at the end of the month, the IC will receive an invoice requesting payment within fourteen (14) business days. This may include, but is not limited to, postage costs, recall commission, refund commission, disputes, or advancements. If the IC balance is not paid in full, DTH has the right to charge the credit card on file to obtain the balance. If DTH cannot collect the funds, DTH reserves the right to terminate this IC Agreement.

Commission Recall. If DTH receives a commission recall notice from the supplier, DTH will pay the supplier right away. If the IC has not yet been paid for the commission, the recall amount will be deducted from the same booking’s commission. The IC will see the positive and negative transactions posted in TravelJoy. If the IC needs to pay DTH back the commission recall, an invoice will be created, and IC shall pay the commission back to DTH within fourteen (14) days.

Outstanding Commissions. Each supplier has its own procedures and time frame for processing commissions. There is no industry standard or regulated payment date mandated to release commissions. As suppliers pay DTH (either through direct deposit, wire checks, paper checks, or PayPal), DTH will reconcile each statement into the accounting system (TRAVELJOY). If IC feels they should have already received the commission, IC may contact DTH’s Admin Team and provide the client’s name, dates, reservation or confirmation number, and the supplier’s name. It is the IC’s responsibility to instruct the supplier to release commissions. If the supplier needs a W-9 or an invoice, the IC must send a request in writing to admin@destinsbydorseyllc.com. When a supplier requests a W-9, DTH’s W-9 should always be used. For all unentered bookings in the CRM, it is the IC’s responsibility to fill out the complete form and submit an Unentered Booking Form. This will allow DTH to investigate and apply the received commission to the booking. If, after ninety (90) days from the travel date, the IC has not submitted the booking information into TRAVELJOY correctly, the IC will receive no commission on the booking. 100% of the commission will be forfeited.

Bonus/Incentives. Only DTH exclusive bonus/incentives will be paid at 100%. All other monies received are subject to the appropriate commission split.

Referral Incentives. DTH ICs have the option to participate in DTH’s Travel Agent Referral Program. DTH may pay the referring IC an incentive as specified in the Travel Agent Referral Program for referring individuals to DTH. Referral incentives are paid by DTH only when the individual is approved as an IC. DTH reserves the right to pay the Referral Incentive to the IC that meets the requirements to be paid. To be eligible for the incentive, DTH must be notified within thirty (30) days of the new IC enrolling with DTH.

Tax ID Reporting. DTH uses the IC’s Social Security Number (SSN) or Employee Identification Number (EIN) during the setup process as the IC’s tax identification number. When submitting or updating to an EIN, a copy of the letter showing EIN approval must be provided before the change is approved. If IC chooses to change its tax number during the calendar year and has received commission, IC will have multiple 1099s. If IC has not been paid commissions, the tax number update will take place, and there will only be one 1099 for paid commissions at the end of the calendar year.

1099. A 1099 statement for tax purposes will be issued to the ICs that are paid $600 or more in a single year via mail at the end of the year, to be mailed no later than January 31st of the following year. It is the IC’s obligation to pay all appropriate taxes and fees. IC shall indemnify and hold DTH fully harmless for IC’s failure to properly report or pay such taxes incurred, damages or expenses, including attorney's fees and legal expenses, incurred by DTH as a result of the IC's failure to make such required payments.

Full and Final Payment from IC’s Client. The IC is solely responsible for making sure that the IC client’s payments are all made on time. In the event a travel payment is not made timely, a reservation is cancelled, or late fees are charged, it shall be the IC’s sole responsibility to pay or obtain payment from their client and submit such late fees and additional charges due the supplier as may be required by the supplier to reinstate or otherwise complete the booking.

Non-Disclosure, Non-Disruption, and Confidentiality. 

The IC understands and agrees in return for receiving any information or materials written, verbal, or electronic concerning DTH and/or its affiliates, to keep secrets and not to divulge, disclose, or communicate, either directly or indirectly, to any person, firm, partnership, corporation, or any other entity whatsoever any information concerning the matters affecting or relating to the business of DTH and/or its affiliates, including but without limitation to, trade secrets, selling, marketing and advertising procedures, past or present employees, past, present pending clients, agents, subcontractors and affiliates, recruitment and education plans, agent commission programs, daily operations, corporate policies and procedures, supplier and vendor commission and override contracts or any other agreements with these suppliers and vendors, and any other information that DTH and its affiliates may deem confidential. The IC agrees not to act, or fail to act, in any manner, either directly or indirectly, that may cause the disruption of business, direct any business away from, and/or cause discord to the business of and/or business relationships of DTH and/or its affiliates. Any such breach will result in immediate termination and forfeiture of unpaid commissions.

Termination of this IC Agreement

Termination of IC Agreement by DTH. In the event the IC fails to comply with the terms of this IC Agreement, DTH may terminate the agreement with the IC, and any future commissions for which the IC would be entitled would be forfeited. The potential for loss to IC for commission, therefore, exists in the event of breach of this IC Agreement, and the IC accepts such damages as reasonable in the event of their breach, in addition to any funds owed for funds directly received by the IC in violation of this IC Agreement or for monetary damages as may be owed to DTH. In addition to termination of this IC Agreement for the reasons already stated herein, DTH reserves the right to immediately terminate this IC Agreement prior to expiration of term, in the event of any of the following:

1. The IC violates any Seller of Travel Laws

2. The IC directs payment of commissions directly to the IC, or having received a commission directly fails to report it to DTH and doesn’t make payment due to DTH within fourteen (14) days

3. The IC makes representations or attempts to bind DTH contractually in violation of this IC Agreement

4. The IC  makes public comments or postings that are derogatory to DTH

5. The IC acts in a manner that interferes with DTH’s business activities

6. The IC files for bankruptcy, is deemed physically or mentally incapacitated, or is deceased

7. The IC activities violate a non-compete or confidentiality agreement with the IC’s prior employer or other party.

Enrollment Cancellation Requested by IC. IC may cancel enrollment by emailing DTH’s Admin Team at admin@destinsbydorseyllc.com. Within two to three business days, DTH will email IC a Request to Cancel Form. DTH requires a minimum of thirty (30) days’ notice on all cancellations. The termination of the IC’s enrollment with DTH shall be effective as of the notice date, provided it meets the thirty-day requirement, or thirty days from the DTH’s receipt of the Request to Cancel Form, whichever date is later. Request to Cancel must include all booking information for future travelers who have been booked using DTH’s credentials. This will include the client’s name(s), address, phone, email address, and a copy of the itinerary (which will show the booking number and the name of the supplier). All bookings must be put into the CRM before the request is approved.

Commission on Future Bookings After Termination Date. All future bookings that have been booked using DTH’s credentials will become the sole property of DTH. IC shall advise DTH of the details of these bookings at the time of IC’s request for termination of IC’s enrollment. The IC understands and agrees that the IC will forfeit any commission on all pending and future bookings through DTH. This provision does not apply to IC’s clients whose travel is not booked under DTH’s credentials. DTH is not obligated and will not assist or otherwise transfer pending or future bookings made under DTH credentials prior to IC’s termination of enrollment to any other provider.

If the IC chooses to come back within ninety (90) days of termination, ALL fees must be paid in full. If the IC chooses to re-enroll after the 91st day or later, the IC will be treated as a new IC, and all transferred bookings will remain in DTH’s property.

Access to TRAVELJOY. Upon termination from DTH, IC’s account on TRAVELJOY will become inactive. Client, booking, reporting, and marketing data will become unavailable to the IC. IC may request that its client data be exported from TRAVELJOY within thirty (30) days of termination.

DTH Credentials. Upon termination of this IC Agreement, IC shall cease and desist from using DTH credentials, SOT number, logo, or other items referencing DTH on its websites, Facebook, social media, emails, advertisements, and other materials.

Outstanding Balances. If an IC has an outstanding balance due DTH at the time of termination, the IC hereby authorizes DTH to collect the outstanding balance via the credit card or payment method on file.

IC Transfer of Business to Another IC. If an IC wishes to transfer their business or participating agency to another DTH agent, both parties shall complete the Transfer of Agency Form. By completing this form, the original IC agrees to no longer be an IC with DTH and will be terminated once the transfer is completed. Once DTH receives the Transfer of Agency Form and IC Agreement from the acquiring party, DTH will charge the IC the annual access fees due and transfer the original IC’s obligations. DTH will then create a new account for the new IC, and all current bookings, client lists, and unpaid commissions in TRAVELJOY will be transferred to the new IC’s account. Upon approval from DTH, the new IC has the option to be assigned the original IC’s Agent ID and accounts, or they can create their own IC ID, TRAVELJOY account, and supplier accounts. The new IC will need any active booking numbers from the original IC so that the new IC may service the clients and bookings through the supplier websites. At no time will DTH transfer a booking to another travel agency that is not a part of DTH Travel Group. DTH shall not be responsible for any dropped client or cancelled bookings caused by either the transferring IC or new IC’s failure to identify and transition any booking, and shall hold DTH completely harmless for any sum due a supplier and any IC’s obligations or liability to the IC’s clients.

Remedies for Breach.

IC shall indemnify and hold DTH harmless for any for all losses or liability suffered by DTH caused by breach of this IC Agreement by the IC, and the IC shall be liable to DTH for monetary damages, attorney fees and costs to collect such monetary damages, and such other financial relief to which DTH may be entitled by law or as further set forth in this IC Agreement. In addition to the terms provided herein in addressing any monetary obligations and forfeitures of the IC in the event the IC breaches this IC Agreement, DTH reserves the right to be immediately relieved from performing any DTH obligations due to the IC under this IC Agreement and recover all funds due DTH from the IC’s account to make DTH whole. DTH shall further be entitled to legal or equitable relief, including injunctive relief, attorney fees and costs in any action filed in which DTH prevails in seeking enforcement, defending the enforcement, or interpretation of this IC Agreement, without notice or bond, in addition to any other remedy it may have at law, in equity or under any other provision of this IC Agreement. IC further agrees to indemnify and defend DTH, and hold DTH completely harmless, for any loss or claim caused by the IC’s failure to perform any duties and obligations of IC set forth in this IC Agreement and Attachments hereto.

Venue. Any controversy or claim arising out of or relating to this IC Agreement, which either the Independent Contractor (IC) or Destins Travel Headquarters (DTH) seeks to file, shall be filed in the District Courts of Brazoria County, Texas.  Both parties hereby consent to the exclusive jurisdiction and venue of these courts and waive any objections to such venue based on inconvenience or otherwise.  

Partial Validity. If any provision of this IC Agreement is held by a court of competent jurisdiction to be invalid, void, or not enforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.

Law Governing IC Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. 

Non-Assignability. Except as provided in this IC Agreement, this IC Agreement shall not be assignable by the IC without the written consent of DTH.

Complete IC Agreement; Modification or Waiver. 

This IC Agreement represents the complete understanding of the parties with respect to the described IC relationship. Terms and Conditions with respect to fees, commissions, and charges are further set forth in Attachment A and Attachment B, which are incorporated into and fully part of this IC Agreement as if fully rewritten herein. No waiver, amendment, or change of any provisions of this IC Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.

Reservation of Rights by DTH to Amend Terms

DTH reserves the right to make amendments to this IC Agreement. These amendments may be the result of policies and requirements of travel suppliers and government regulations beyond DTH’s control. Amendments and/or changes to this IC Agreement shall be effective automatically thirty (30) days after electronic notification to the IC. Amendments and/or changes to commissions will not apply to any bookings made prior to the effective date of such changes, provided that the IC has entered the booking in accordance with this IC Agreement. The IC shall be bound by the amendments as of their effective date, unless the IC elects to terminate the IC Agreement by providing written notice to DTH of its election to terminate the IC Agreement within ten (10) days of the effective date of such amendments.

COMPLETE AGREEMENT: MODIFICATION OR WAIVER This agreement represents the complete understanding of the parties with respect to the described outside sales relationship. It is not to be amended after the date hereof except by an instrument in writing signed by the parties. No amendment, modification, termination, or waiver shall be binding unless in writing and signed by the party against whom the amendment, modification, termination, or waiver is sought to be enforced. No waiver of any provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.

DTH IC CONTRACT - Attachment A

DTH IC CONRACT - ATTACHMENT B - GROUP TRAVEL TERMS AND CONDITIONS

Initial Start-Up Fee: $460.00 Your one-time onboarding investment includes:

•  Vendor Setup Access – $65.00
  Get connected with our full list of preferred suppliers and booking platforms.
•  E&O Insurance (Errors & Omissions) – $125.00
  Professional protection for you and your clients.
•  DTH Agency Fee – $235.00
  
  
•  DTH Logo Shirt – $35.00
  Represent Destins Travel Headquarters with pride and professionalism.

 Annual Renewal Fee: $360.00 Stay covered and connected year after year:

•  E&O Insurance – $125.00
•  DTH Agency Fee – $235.00

Automatic Billing:
Destins Travel Headquarters will automatically charge the Independent Contractor’s (IC’s) designated payment method on file for the annual access fee on the 15th day of October each year.

Failed Payments & Late Fees:
If a payment attempt is declined for any reason, the IC will be notified and granted a 2-day grace period to update their payment information. If payment is not successfully processed by the end of the grace period, a late fee of $50.00 will be assessed and added to the amount due.

Continued failure to remit payment, including any applicable late fees, may result in a temporary suspension of the IC’s access to DTH systems, platforms, and resources until the balance is paid in full.

This fee must be paid before access to DTH platforms, branding assets, and supplier registration guidance can be granted.