Terms and Conditions
Magical Island Tours and Travel LLC will provide to Members the capability to book travel both regionally and internationally (including cruises, hotels, group travel, car rentals, tour packages, and airline tickets), Approved Supplier Vacation specials) access to applicable Travel Leaders Programs (including hotel upgrades, shipboard credits, free breakfast, special group cruise access, etc.). All credit card charges for travel will be processed by travel vendors and suppliers.
Magical Island Tours and Travel LLC will pay Members the following commission amounts:
Professional Travel Member Option:
● Hotels/ Cars/ Cruises/ Packaged Tours through Approved Suppliers
- 80% paid to Member
- 10% paid to Agents Sponsor
- 10% - MITT CLUB
● Referring Travel Consultant Options:
- 50% on all Travel Commissions and Service Fees paid to Contractor
- 10% paid to the Agent Sponsor
- 40% - Magical Island Tours and Travel LLC
● Airline Tickets using Magical Island Tours and Travel LLC:
- 60% on all commissions and fees earned on airline ticket sales will be paid to Contractor
- 20% paid to Agents Sponsor
- 20% MITT CLUB
• Personal Travel Bookings
- 90% paid to Member
- 10% Magical Island Tours and Travel LLC
Please note however if Magical Island Tours and Travel LLC reserves travel for you and you are not part of the group you will be paid 60% of the commissions.
Travel Commission Payments to Members will be made approximately by the 25th of the month for the previous month's dates of the 16th to the end of the previous month. Payment of the 1st to the 15th of each will be paid by the last day of the same month. To receive commissions from travel sales the Members must be in good standing with Magical Island Tours and Travel LLC, provide a Commission Tracking Form with the name of the client, supplier information, and amount of sale. If a form is not received within 60 days of receipt of payment from the supplier all commissions will be forfeited and considered abandoned.
Because Member is booking travel on his/her own, Members are not entitled to, and will not participate in, any employer pension, health, or fringe benefit plan. No taxes of any kind will be withheld or paid by Magical Island Tours and Travel LLC of any commission payments to Member.
Members will also be financially responsible for all errors; credit card chargebacks and expenses related to their clients and will indemnify Magical Island Tours and Travel LLC against any losses related to their travel sales or services. Members will not process cash payments and all checks for travel sales will be made out to Magical Island Tours and Travel LLC or the travel supplier.
Whilst members can be part of any business joining other travel businesses will result in immediate termination of contract and all commissions will be withheld until they can prove otherwise.
The Agreement will become effective on the date stated above and will continue in effect until terminated in writing by either party for any reason. Except in the initial 30 days period, thirty (30) days written notice is required for termination. Subsequent to the termination. Magical Island Tours and Travel LLC will pay any outstanding commissions due to Member within 15 days of the end of each calendar quarter for commissions collected in that calendar quarter, less a $USD25.00 accounting fee.
This Agreement will be governed by and constructed in accordance with the laws of the State of New York United States of America.
TERMS AND CONDITIONS
Terms of Use
1. Use of Website and Intellectual Property
The information contained on this website is for general information purposes and shall be used exclusively for the use of the service offered. The information provided by this website is not to be reused, transmitted published, reproduced, duplicated, modified, copied, sold, distributed, or otherwise and shall not be exploited for any commercial purpose. The information contained in this website may be printed and/or downloaded for personal use only. Unauthorized use of this website and of its contents represents a violation of applicable intellectual property laws.
The information on this website is provided free-of-charge and while Magical Island Tours and Travel LLC endeavors to keep the information up to date and correct, it makes no representations nor its warrants the completeness, accuracy, reliability or suitability with respect to the website or the information available.
Magical Island Tours and Travel LLC will not be liable for any direct, indirect or consequential loss or damage arising under this disclaimer or in connection with this website, whether arising in tort, contract, or otherwise.
This website must not be used in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any nor the lawful, illegal fraudulent or harmful purpose or activity. This website must also not be used to copy, publish, or send material which is illegal or unlawful or material which could give rise to legal action under the United States and other applicable law. All material that is copied, published, or sent via, this website must be defamatory, obscene, indecent, hateful, or discriminatory. This website may not be used for the purpose of damaging Magical Island Tours and Travel LLC or suppliers of its products or services. This website may not be used in any way that causes or may cause, damage to the website or impairment of the availability or accessibility of the website. We may take those actions as we deem appropriate if any of the above conditions are infringed, including suspending or canceling your account, restricting your access to the website, or commence legal proceedings against you.
Magical Island Tours and Travel LLC reserves the right to edit or remove any material posted on the website.
2. Links to third-party websites
This website may contain links to websites of suppliers of products and services, business partners, or third parties. The publication of hyperlinks on Magical Island Tours and Travel LLC has its Users and does not imply any endorsement or approval of the same or related content, Magical Island Tours and Travel LLC has no control over the content’s information services and or/products offered by such linked sites and assumes no responsibility as to the truthfulness, accuracy, and updating of the information published on these sites. Unless otherwise indicated, the publication on the website of a hyperlink to another website does not imply the existence of any tie, association and/or any affiliation of any kind between Magical Island Tours and Travel LLC and the linked site nor does it imply a recommendation to endorse the views expressed with them.
3. Registration Fees:
- USD $99 Registration fee plus $59.95 monthly
Upon registration and completion of travel training, Members would be required to submit a frontward view passport picture in order to receive an agent card which will entitle contractors to be recognized as an accredited travel agent.
4. General Terms and Conditions to the Travel Package Contract
It is a travel agency and tour operator, which operates through a network of online Travel Consultants who are spread throughout the United States and the Caribbean. The Member communicates with the final user in order to carefully listen, understand their needs, and best meet their demands.
Privacy Policy
Magical Island Tours and Travel LLC has a strong commitment to providing excellent service to all of our customers and visitors of this website, including respecting your concerns about privacy. We understand that you may have questions about how this website collects and uses the information that you provide to us. We have prepared this statement ("Statement") to inform you of the privacy principles that govern this website. Your trust and confidence are our highest priority.
Privacy of user information
We collect only the pertinent information necessary to enroll you as a member or process your transactions. We do not otherwise sell, rent, or give away your information except in cases where you specifically request it or approve it. You will never be tricked into signing up for anything. Options to receive more information will always be clearly explained to you and your participation in any promotion is optional.
Travel and other Services and Products
To provide you with a single source for purchasing travel services and discounted products and services, we have entered into agreements with select reputable third-party companies that provide inventory/services directly or aggregate inventory/services from suppliers. If you choose to make a purchase from the Website, it is necessary for you to provide personally identifiable information to execute the purchase. This information is then provided directly to or through a third party to the suppliers (e.g., resorts, cars, cruises, golf courses) for processing. By contract, third parties and suppliers that we deal with directly are required to keep your personally identifiable information secure while processing your transactions. Once you have initiated a transaction with a supplier, your personally identifiable information may be subject to that supplier's privacy policy. Magical Island Tours and Travel LLC has no control over suppliers' privacy policies and practices.
The Use, Storage and Security of Information
Our website uses "cookie" technology. "Cookies" are encrypted strings of text that a website stores on a user's computer. Our website requires the use of a cookie throughout the online reservation process. Without cookies, we will not be able to keep the information you enter on multiple pages together. For example, unless Magical Island Tours and Travel LLC can remember the dates you used in your resort search, we will not be able to check availability. Cookies also enable us to customize our website and offerings to your needs and provide you with a better online experience on Magical Island Tours and Travel LLC. We do not use cookies to ascertain any personally identifiable information about you apart from what you voluntarily provide us in your dealings with Magical Island Tours and Travel LLC. Cookies do not corrupt or damage your computer, programs, or computer files.
Conditions of contact by Magical Island Tours and Travel LLC
As a registered Magical Island Tours and Travel LLC user, you'll receive our emails and any other offer information that you request. Additionally, you may receive e-mails associated with your activities on the site such as travel confirmations, updates to your itinerary, and information associated with other trips you have taken or requested as an answer in response to your inquiry.
NON-DISCLOSURE AGREEMENT
This Non-disclosure Agreement (this "Agreement") is made effective as of the date joined the organization (the
"Effective Date"), by and between MAGICAL ISLAND TOURS AND TRAVEL LLC (the "Owner"), of
3047 82ND ST, queens, New York 11370, and the Agent (the "Recipient"), of the address stated on the form.
Protection of the Company
The Owner has requested and the Recipient agrees that the Recipient will protect the confidential material
and information which may be disclosed between the Owner and the Recipient. Therefore, the parties agree
as follows:
I. CONFIDENTIAL INFORMATION. The term "Confidential Information" means any information or
material which is proprietary to the Owner, whether or not owned or developed by the Owner, which is not
generally known other than by the Owner, and which the Recipient may obtain through any direct or indirect
contact with the Owner. Regardless of whether specifically identified as confidential or proprietary,
Confidential Information shall include any information provided by the Owner concerning the business,
technology and information of the Owner and any third party with which the Owner deals, including,
without limitation, business records and plans, trade secrets, technical data, product ideas, contracts,
financial information, pricing structure, discounts, computer programs and listings, source code and/or object
code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and customer
and client lists. The nature of the information and the manner of disclosure are such that a reasonable person
would understand it to be confidential.
A. "Confidential Information" does not include:
- matters of public knowledge that result from disclosure by the Owner;
- information rightfully received by the Recipient from a third party without a duty of confidentiality;
- information independently developed by the Recipient;
- information disclosed by operation of law;
- information disclosed by the Recipient with the prior written consent of the Owner;
and any other information that both parties agree in writing is not confidential.
II. PROTECTION OF CONFIDENTIAL INFORMATION. The Recipient understands and
acknowledges that the Confidential Information has been developed or obtained by the Owner by the
investment of significant time, effort and expense, and that the Confidential Information is a valuable,
special and unique asset of the Owner which provides the Owner with a significant competitive advantage,
and needs to be protected from improper disclosure. In consideration for the receipt by the Recipient of the
Confidential Information, the Recipient agrees as follows:
A. No Disclosure. The Recipient will hold the Confidential Information in confidence and will not
disclose the Confidential Information to any person or entity without the prior written consent of the
Owner.
B. No Copying/Modifying. The Recipient will not copy or modify any Confidential Information
without the prior written consent of the Owner.
C. Unauthorized Use. The Recipient shall promptly advise the Owner if the Recipient becomes aware
of any possible unauthorized disclosure or use of the Confidential Information.
D. Application to Employees. The Recipient shall not disclose any Confidential Information to any
employees of the Recipient, except those employees who are required to have the Confidential
Information in order to perform their job duties in connection with the limited purposes of this
Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-
disclosure agreement substantially the same as this Agreement at the request of the Owner.
III. UNAUTHORIZED DISCLOSURE OF INFORMATION - INJUNCTION. If it appears that the
Recipient has disclosed (or has threatened to disclose) Confidential Information in violation of this
Agreement, the Owner shall be entitled to an injunction to restrain the Recipient from disclosing the
Confidential Information in whole or in part. The Owner shall not be prohibited by this provision from
pursuing other remedies, including a claim for losses and damages.
IV. NON-CIRCUMVENTION. For a period of five (5) years after the end of the term of this Agreement,
the Recipient will not attempt to do business with, or otherwise solicit any business contacts found or
otherwise referred by Owner to Recipient for the purpose of circumventing, the result of which shall be to
prevent the Owner from realizing or recognizing a profit, fees, or otherwise, without the specific written
approval of the Owner. If such circumvention shall occur the Owner shall be entitled to any commissions
due pursuant to this Agreement or relating to such transaction.
V. RETURN OF CONFIDENTIAL INFORMATION. Upon the written request of the Owner, the
Recipient shall return to the Owner all written materials containing the Confidential Information. The
Recipient shall also deliver to the Owner written statements signed by the Recipient certifying that all
materials have been returned within five (5) days of receipt of the request.
VI. RELATIONSHIP OF PARTIES. Neither party has an obligation under this Agreement to purchase
any service or item from the other party, or commercially offer any products using or incorporating the
Confidential Information. This Agreement does not create any agency, partnership, or joint venture.
VII. NO WARRANTY. The Recipient acknowledges and agrees that the Confidential Information is
provided on an "AS IS" basis. THE OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY
DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING
OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL
INFORMATION. The Owner does not represent or warrant that any product or business plans disclosed to
the Recipient will be marketed or carried out as disclosed, or at all. Any actions taken by the Recipient in
response to the disclosure of the Confidential Information shall be solely at the risk of the Recipient.
VIII. LIMITED LICENSE TO USE. The Recipient shall not acquire any intellectual property rights under
this Agreement except the limited right to use as set forth above. The Recipient acknowledges that, as
between the Owner and the Recipient, the Confidential Information and all related copyrights and other
intellectual property rights, are (and at all times will be) the property of the Owner, even if suggestions,
comments, and/or ideas made by the Recipient are incorporated into the Confidential Information or related
materials during the period of this Agreement.
IX. INDEMNITY. Each party agrees to defend, indemnify, and hold harmless the other party and its
officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party
claims, demands, liabilities, costs and expenses, including reasonable attorney's fees, costs and expenses
resulting from the indemnifying party's material breach of any duty, representation, or warranty under this
Agreement.
X. ATTORNEY'S FEES. In any legal action between the parties concerning this Agreement, the prevailing
party shall be entitled to recover reasonable attorney's fees and costs.
XI. TERM. The obligations of this Agreement shall survive 30 years from the Effective Date or until the
Owner sends the Recipient written notice releasing the Recipient from this Agreement. After that, the
Recipient must continue to protect the Confidential Information that was received during the term of this
Agreement from unauthorized use or disclosure for an additional 30 years.
XII. GENERAL PROVISIONS. This Agreement sets forth the entire understanding of the parties
regarding confidentiality. Any amendments must be in writing and signed by both parties. This Agreement
shall be construed under the laws of the State of New York. This Agreement shall not be assignable by either
party. Neither party may delegate its duties under this Agreement without the prior written consent of the
other party. The confidentiality provisions of this Agreement shall remain in full force and effect at all times
in accordance with the term of this Agreement. If any provision of this Agreement is held to be invalid,
illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and
construed so as to best effectuate the original intent and purpose of this Agreement.
XIII. WHISTLEBLOWER PROTECTION. This Agreement is in compliance with the Defend Trade
Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i)
made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is
to report suspected violations of the law; or (ii) in a complaint or other document filed in a lawsuit if made
under seal.
XIV. SIGNATORIES. This Agreement shall be executed by the Director and Shareholder, on behalf of MAGICAL ISLAND TOURS AND TRAVEL LLC and delivered in the manner prescribed by law as of the date first written above.