Terms of Service

Sales Associate Agreement
(Last Rev. November 15, 2010)

1. Parties. The term “you” in this Application refers to you, the individual who is submitting this application to GTN. The term “GTN” refers to Globe Travel Network LLC.

2. Agreement. The term “Agreement” shall mean this Application, the GTN Network Pay Plan, GTN Policies and Procedures, GTN Policy Announcements that exist as of the date of this application, and any other written and signed agreement between you and GTN. By submitting this Application you acknowledge that you have received, read, and understood each of these documents, that the documents were made available to you on the website http://www.GTNVacations.com/, and that if this Application is accepted, you will be bound by each of these documents. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.

3. Expiration, Renewal, and Term of Agreement. The term of the Agreement (the “Term”) is one year (12 months). You understand that at the expiration of the Term there is no guarantee that GTN will agree to renew the Agreement, and that your ability to renew will be dependent upon submitting a renewal application, and agreeing to abide by the renewal application, the GTN Network Pay Plan, and the Policies and Procedures of GTN, that exist at the time that you submit your renewal application.

4. Changes to Agreement During the Term. You agree that GTN may amend the Agreement by notifying you of the terms of the amendment, or of a GTN Policy Announcement, and specifying the date that the amendment or GTN Policy Announcement will become effective, which shall not be less than thirty (30) days after the notice. If you choose not to be governed by the amendment or GTN Policy Announcement, you may terminate your relationship with GTN before the amendment or GTN Policy Announcement becomes effective by sending a certified letter to GTN stating that you do not agree to the amendment and that you wish to terminate the Agreement. In the event that you exercise such right to termination, GTN will return any payment that you have made to GTN for products or services for the period after the amendment becomes effective. In the event that you exercise your right to termination under this paragraph, you understand and agree that you will have no right to continue to distribute products or services in connection with GTN.

5. Eligibility Requirements. You certify that the following information is complete, accurate, and truthful:

(a) All information that you have provided to GTN, including your name, address, email address, phone number, Social Security Number and/or Federal Tax ID Number is truthful, accurate, and complete. You agree to immediately provide GTN with updated information if any of the information that you provided changes.

(b) You are at least 18 years of age.

(d) You have not violated any non-competition, non-solicitation, or confidentiality agreement entered into with any other company, organization, or entity, and if you become a distributor of GTN you will not be violating any agreement or contract, including any non-competition, non-solicitation, or confidentiality agreement that you have entered into with another company, organization or entity.

6. Distributor Rights. You understand that if accepted, the Agreement gives you the right, but not the obligation, to:

(a) Buy from GTN and offer for re-sale GTN products and services in accordance with the Agreement [available to GTN Independent Sales Associate (ISA)s];

(b) Recommend persons for acceptance as GTN distributors [available only to GTN Independent Sales Associate (ISA)];

(c) If qualified, earn compensation pursuant to the Agreement for legitimate sales of GTN products. You further understand that you will not earn compensation for the mere introduction of new distributors, or potential distributors, to GTN.

7. Possible Income. Although the Agreement gives you the right to buy and sell GTN products and services, and to potentially earn compensation as described in the GTN Network Pay Plan, you understand and expressly recognize that:

(a) GTN does not make any claims or guarantees concerning how much money (if any) you will earn by becoming an Independent Sales Associate (ISA).

(b) GTN is a new company, and, as a result, there is no information concerning how much the typical or average distributor earns in connection with GTN.

(c) Your ability to earn money as a distributor depends on a number of factors such as where, how, and how often you sell GTN products and services, and on your ability to motivate others to make retail sales.

8. Presenting the Opportunity. You agree that when discussing the potential for another individual to apply to be a GTN Independent Sales Associate (ISA) you will present the GTN Network Pay Plan in its entirety, emphasize that there is only one GTN Network Pay Plan for GTN distributors, and that sales to end consumers are a requirement to receiving any compensation from GTN. You also agree not to use any promotional materials, as defined in paragraph 9, that are not produced or specifically authorized by GTN. You agree to instruct all prospective distributors to review the Agreement carefully before submitting an Application.

9. Intellectual Property. You understand and agree that you may not use the Globe Travel Network™ name and/or logo in any advertisement, training, promotional or marketing material (collectively “promotional materials”), including but not limited to emails, websites, flyers, articles, press releases, videos, tapes, voice broadcasts, or other literature without the prior written consent and approval from GTN. If written approval is granted to use the name Globe Travel Network™ you agree to display the following disclaimer at the bottom of every page of the promotional material. The size and color of the word ‘DISCLAIMER’ should be large enough and of a contrasting color so it may be easily seen. The entire disclaimer must be displayed in caps and boldface font (e.g. Arial), with a minimum size of 10 points, as shown below:

DISCLAIMER

This [website/email/flyer/article/press release/ video/etc.] was designed and is maintained by an independent distributor of Globe Travel Network™. The independent distributor of Globe Travel Network that operates this website is solely responsible for its content. You further understand and agree that you cannot charge any money for promotional materials that use the name Globe Travel Network™ unless authorized in writing by Globe Travel Network™.

10. Proprietary Information and Trade Secrets. If accepted as a distributor, GTN may provide you with information that is commercially advantageous, unique, proprietary, and/or a trade secret (“Proprietary Information”). Although GTN may grant you a non-exclusive, non-transferable and revocable right to use Proprietary Information, you acknowledge the substantial value of Proprietary Information to GTN and agree to maintain all Proprietary Information in the strictest confidence and to use it only as authorized by GTN. You further agree not to disclose any Proprietary Information to any third party, or to use Proprietary Information in connection with any other business or to compete, directly or indirectly, against GTN. Upon resignation, non-renewal, or termination of your distributorship, you agree to promptly return any and all Proprietary Information to GTN, and that your obligation to do so will survive the expiration of the Agreement.

11. Limitation of Liability. You agree to hold GTN harmless, and that GTN shall not be liable for, any direct, indirect, incidental, special or consequential damages that result from:

(a) The use of, or inability to use GTN,

(b) The use of, or inability to use, any website made available by GTN,

(c) The use of, or inability to use, files, software, or data provided by GTN,

(d) Reliance on any information obtained through GTN,

(e) Mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation, or transmission on the GTN website,

(f) GTN’s failure of performance, whether or not caused by acts of God, communications failure, theft, and/or destruction, and

(g) The unauthorized access or acquisition of our records, data, programs or services.

12. Release and Indemnification. To the maximum extent permitted by law, GTN, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”) shall not be liable for, and you release GTN and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. You further agree to indemnify, defend, and hold harmless GTN and its affiliates for any harm, damages, liability, penalties, or cost of responding to inquiries, investigations, or lawsuits, relating to or arising from (a) your breach of the Agreement, (b) your promotion or operation of your GTN business, (c) your presentation of GTN products, (d) your presentation of the GTN Network Pay Plan, (e) your failure to provide any information or data necessary for another distributor to operate its business, (f) any unauthorized conduct that you undertake in operating your business, (g) any failure on your part to fully abide by all applicable federal and state laws.

13. Compliance With Federal and State law. You agree to comply with all applicable federal and state laws. This includes, but is not limited to complying with all applicable federal and state laws governing (a) the sale and marketing of discount clubs, (b) the sale and marketing of buyers clubs, (c) unfair and deceptive advertising practices, (d) the use of email to market products or services (e.g., the CAN-SPAM Act), (e) the use of telephones to market products or services, (f) the marketing of business opportunities. Specifically, you agree that you will not make any actual or potentially misleading or deceptive claim in relation to commission and other rewards that might be derived from conducting activities as a distributor of GTN, or in relation to the benefits, or cost savings, of purchasing a GTN product or service.

14. Independent Contractor Status. You understand that the Application does not involve a request for employment, and that acceptance of the Application will not make you an employee, agent, or legal representative of GTN, your sponsor, or any other individual or business. Consequently you understand that you do not, and will not, represent GTN, and may not hold yourself out as an agent of GTN, or otherwise authorized to act on GTN’s behalf. You understand that you will be a self-employed independent contractor, you will be operating your own independent business buying and selling products and services made available through GTN on your own account. You also understand that you will have complete freedom in determining the number of hours that you will devote to your business, and that you will have the sole discretion of scheduling such hours. GTN will not provide you with a place of business, and if you desire a place of business other than your own residence, you will be responsible for procuring, furnishing and paying the rental for such place of business. You also understand that you will not be treated as an employee for federal or state tax purposes, and you will be responsible for payment of any self-employment and other income taxes.

15. Termination. If accepted, you agree that GTN or you may terminate the Agreement at any time and for any reason by giving 30 days written notice to the other party, or without prior notice and with immediate effect as a result of breach of any of the provisions of the Agreement. In addition to the other methods provided for in the Agreement for providing notice, distributors can fax a termination request to 314-754-9451. Except as specified in the Agreement, you understand that if you decide to terminate the Agreement you do not have a right to receive any refund of any money paid to GTN.

16. Severability. In the event any term or provision in the Agreement is determined by a court or arbitrator of competent jurisdiction to be invalid or unenforceable in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable and consistent with the manifest intentions of the parties. If such construction or limitation is impossible, the unenforceable provision will be stricken, and the remaining provision of this Agreement will remain valid and enforceable. No waiver of any default or breach of any provision of this Agreement, or failure to enforce rights contained herein, shall operate as or be deemed a waiver of any subsequent default or breach.

17. Construction. Although the Application, the GTN Network Pay Plan, and the GTN Policies should be read together, and interpreted in such a manner as to avoid any inconsistencies, in the event that any provision in this Application directly conflicts with the GTN Network Pay Plan, the GTN Policies and Procedures, or the GTN Policy Announcements that existed on the date that this Application was submitted, the provision in this Application shall take precedence. Nothing within this paragraph shall be interpreted as preventing an amendment to the Agreement or a GTN Policy Announcement that is made pursuant to paragraph 4 to supersede this Application, even if the Amendment or GTN Policy Announcement directly conflicts with a provision in this Application.

18. Governing Law. The formation, construction, interpretation, and enforceability of this Application, any subsequent Agreement, and any relationship that is formed between the parties, shall be governed by and interpreted in all respects under the laws of the State of Missouri without regard to Missouri’s conflict of laws.

19. Limitation of Action. You agree to bring any action against GTN for any act or omission relating to or arising from this Application, or the Agreement, within one (1) year from the date of the alleged conduct giving rise to the cause of action. You agree that failure to bring such action within that time shall bar all claims against GTN for such act or omission notwithstanding any statutes of limitation that might otherwise apply.

20. Notice. You agree that GTN may provide any notices to you under the Agreement, including any notice that GTN intends to modify the Agreement, or any legal notices, by mail or email. Such notices will become effective upon sending. In addition, GTN may contact you by phone with updates concerning GTN. You agree to provide any notices to GTN under the Agreement by sending a certified letter containing your name, address, phone number and user name to:

Globe Travel Network™
Attn: Accounting
17295 Chesterfield Airport Rd
Suite 200
Saint Louis, MO 63005

21. Dissolution. In the event that GTN ceases business operations, dissolves as a business entity, or terminates distribution of its products, you agree that GTN’s operators, directors, employees, assigns, and successors shall not be held liable for any loss that you may incur.

22. Electronic Records. Upon request GTN will provide a paper copy of this application and will accept a submission of this application by mail. If you would like a paper application, please contact GTN at the address listed above.

23. AGREEMENT TO ARBITRATE DISPUTES. Any controversy or claim arising out of or relating to this Application, or to the Agreement, if accepted, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in the County of St. Louis, Missouri, and the parties shall select one (1) arbitrator, who will be an attorney at law with expertise in business law transactions, pursuant to the American Arbitration Association’s selection rules. Each party to the arbitration shall be responsible for its own costs and expenses, including legal and filing fees. Each party to the arbitration will not disclose to any other person not directly involved in the arbitration process (1) the substance of, or basis for, the claim or dispute, (2) the content of any testimony or other information obtained through the arbitration process, (3) the resolution (whether voluntary or not) of any matter that is the subject in the arbitration. You acknowledge that this Agreement evidences a transaction involving interstate commerce, and that the United States Arbitration Act shall govern interpretation and enforcement of the arbitration rules, the arbitration proceeding, and any arbitration award. The arbitration agreement, including its confidentiality provisions, is reciprocal and binds both parties and may not be amended, deleted, or removed by GTN pursuant to the amendment process described in paragraph 4. The arbitration agreement, however, may not necessarily be included in renewal applications, or in future versions of this Application. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Notwithstanding the foregoing, the parties agree that the parties may seek injunctive relief from a court of law for any violation of the Agreement that involves the misuse of trademark, copyright, or confidential information.