SAMPLE Agency Agreement
(non-exclusive effective after 1.7.2018)
Prepared for Global Booking Service
This Agency Agreement is entered into as of by and between Global Booking Service having its principal place of business located at Carrara in the State of Queensland (the “Company”) and
having its principal place of business located at (the “Agent”), both of whom agree to be bound by this Agreement.
WHEREAS, the Company offers customers certain services, as described on the document attached hereto as Exhibit A (the “Services”); and
WHEREAS, the Company and the Agent desire to enter into an agreement whereby the Agent will promote the Service according to the terms and conditions herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Company and the Agent (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
ASSIGNMENT OF RIGHT. With certain limitations stated herein, the Company hereby authorizes the Agent the right to market and offer for sale the Services according to the terms and limitations stated in this Agency Agreement.
The Agent shall only market and offer for sale the services as defined in this Agreement.
The Company reserves the right to add to or subtract from the list of services authorized on Exhibit A attached hereto with notice to the Agent.
EXCLUSIVITY. Nothing in this Agreement grants the Agent the exclusive right to market the services.
TRADEMARK RIGHTS. The Agent agrees and acknowledges the following with regard to the Company’s trademark:
The Company is the sole and exclusive owner to all right, title and interest in “www.studentbnb.com.au, www.globalbookingservice.org, www.homestaybookings.com.au and its logos” or to any other trademarks associated with the Company (the “Company Trademarks”) which the Agent may utilize in performing the services herein.
The Company hereby grants to the Agent for the duration of this Agreement and subject to the limitations stated within this Agreement a non-exclusive, non-transferable, revocable right to use the Company Trademarks as necessary to market and offer for sale the Services.
AGENT RESPONSIBILITIES. In marketing and offering the services for sale in the Territory, the Agent shall:
Act with diligence, devoting reasonable time and effort to fulfil the duties described herein;
Provide information on agent website promoting the GBS assisted booking accommodation services. The following link must be placed on the applicable webpage to qualify for commissions: https://globalbookingservice.org/guest-application/
Maintain reasonable technical and practical knowledge with regard to the Services;
Utilize promotional materials provided to the Agent by the Company for the purpose of marketing and selling the services;
Promptly respond to all communications by customers and the Company regarding the Services;
Reasonably assist the Company with regard to any and all collection matters as requested by the Company;
Prepare and maintain any reports and documentation, as requested by the Company.
COMMISSION. The Company shall pay to the Agent $140 per booking inclusive of Assisted Booking Sales directly from the Agent’s efforts. “Assisted Booking Sales” shall be defined as the amount of sales revenue from any sales made by the Agent less any charge backs, returns, or defaults by customers. Assisted Booking Sales are where the agent or the client registers their booking application using the online Assisted Booking portal with Global Booking Service, pays and client arrives at accommodation booked with the Company. Applications received via email pdf or hard copy do not attract commission.
Should the Parties terminate this Agreement for any reason, the Company shall pay the Agent only for sales of the services made prior to the termination date.
In the event that the Agent receives commission payments for orders that are subsequently refunded, charged back, or the Company otherwise fails to realize the income from such a sale, the Agent shall offset any future commissions paid by the amount by which the commissions actually paid would be reduced if the sales associated with income the Company failed to realize were never completed.
Payments shall be made to the Agent on or before 31st of each month after the guest arrival at destination and upon receipt of an invoice for arrived guests from the agent.
CONFIDENTIALITY. The Agent shall not disclose to any third party any details regarding the Company’s business, including, without limitation any information regarding any of the Company’s customer information, business plans, or price points (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.
TERM AND TERMINATION. This Agreement shall commence upon the date of execution and continue until either Party terminates this Agreement in writing.
Upon such termination, the Agent shall cease marketing and offering for sale the services and shall continue to abide by the obligation refrain from sharing with any third party any of the Company’s confidential information.
INDEMNIFICATION. The Agent agrees to indemnify, defend, and protect the Company from and against all lawsuits and costs of every kind pertaining to any violation of the law, this Agreement, or the rights of any third party by the Agent while acting pursuant to this Agreement. Such costs include but are not limited to reasonable legal fees.
NO MODIFICATION UNLESS IN WRITING. No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
APPLICABLE LAW. This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Queensland and subject to the exclusive jurisdiction of the federal and state courts located in Australia, Queensland.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement, both Parties by its duly authorized officer, as of the day and year set forth below.
Global Booking Service
Signature: _________________________ Signature: __________________________
Term of Agreement
Until terminated in writing.
Global Booking Service Homestay – Assisted booking (commissionable). Applications must be completed either by the agent or the student requiring homestay using this link https://globalbookingservice.org/guest-application/ GBS will then match the student preferences to a suitable homestay property, issue an invoice and upon payment provide a profile of the property. This includes airport transfers and services for both over 18 and under 18.
Study Tours (non-commissionable) – GBS specialises in Study Tour support organising groups into homestay accommodation, excursions, coaches. Support is offered for short and long term tours including under and over 18 year old groups.
Student BNB (non-commissionable) – GBS offers StudentBNB for students who wish to research, book and pay for their own accommodation directly. All financial matters are managed by GBS along with property inspections and appropriate working with children clearances. All of GBS properties are checked for quality and suitability for accommodating students.
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