This Agreement is effective as of November 13, 2024. Compared to the prior version, edits were made throughout the document to provide clarity and alignment with Zicasso’s new software platform. However, while the Fees (Section 5) have been updated and edited, key commission terms such as the 8% commission for Standard Sales of custom trips remain the same.
CAREFULLY READ THE FOLLOWING TRAVEL COMPANY AGREEMENT.
FOR TRAVEL COMPANY MEMBERS: YOU ACCEPT AND AGREE TO BE BOUND BY THIS TRAVEL COMPANY AGREEMENT BY ACCEPTING AND RESPONDING TO TRAVELER MEMBER’S LEADS FROM ZICASSO.
CONFIDENTIALITY: THIS INFORMATION IS CONSIDERED ZICASSO CONFIDENTIAL INFORMATION, TO BE SHARED ONLY BETWEEN ZICASSO AND TRAVEL COMPANY PARTNERS.
This Travel Company Agreement (“Agreement”) is in addition to the Terms of Use Agreement including the terms and conditions, rules, policies, and guidelines available by hyperlink at the domain and sub-domains of www.zicasso.com (the “Site”). As a Travel Company Member, you are agreeing to be bound to the Terms of Use Agreement in addition to this Agreement. This Agreement does not change or supersede any term of the Terms of Use Agreement. All capitalized terms not otherwise defined herein will have the meanings provided in the Terms of Use Agreement, including but not limited to all rules, policies, and guidelines on the Site.
Services are available only to legal entities and sole proprietorships that can form legally binding contracts. Zicasso reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone. By registering and activating your account with the Site, you are designating yourself as a "Travel Company" as defined in the Terms of Use.
You represent and warrant that you are providing true, accurate, and complete information related to your company within the Site, such as your Company Profile, Users, and Policies and Terms, and you shall update such information to maintain its truth, accuracy, and completeness.
Travel Company Services are defined as services offered by Travel Company Member to Traveler, including but not limited to trip proposals submitted by Travel Company in response to a Traveler's Trip Request (each a "Trip Plan").
A Trip Plan shall specify the types of Travel Company Services that Travel Company Member will provide, the price for these Services, and the contract terms that Travel Company Member requires, such as, but not limited to, payment methods, payment terms, and cancellation policy.
4.1 Subject to the terms and conditions of this Travel Company Agreement, including but not limited to the Terms of Use and Zicasso Policies, the Site will provide the following services:
4.2 Subject to the terms and conditions of this Travel Company Agreement including but not limited to the Terms of Use and Zicasso Policies, you shall provide the following services:
4.3 You understand and agree that Zicasso offers no commitment or guarantee that any Travel Company Services will be purchased from you.
5.1 You shall pay all fees applicable to your use of the Zicasso Services, including but not limited to commission fees described in this section, and you agree not to circumvent Zicasso's fee structure. You agree to timely reporting all sales of Travel Company Services (“Sales Recording”).
5.1.1 Standard Sales. A Standard Sale refers to a booking of a Trip Plan or Travel Company Services by a Traveler Member for a Trip Request that was matched by Zicasso through the Site.
Commission Terms for Standard Sale
Unless otherwise agreed, for all Standard Sales, Zicasso charges Travel Company Members a commission fee of eight percent (8%) of the total Trip Plan price. This commission is due the month after you have collected the non-refundable trip deposit from Travelers.
The total Trip Plan price includes, but is not limited to:
Airfare Included in Trip Plan Price: Airfare that is sold to the Traveler as part of the overall Trip Plan price.
Separately Priced Airfare: Airfare that is priced and sold separately from the overall Trip Plan price.
For airfare that is priced and sold separately from the overall Trip Plan price, the commission due to Zicasso is thirty percent (30%) of the gross profit generated from the airfare transaction. Gross profit includes:
Note: the only component that can be taken out of the commission calculation is the non-commissionable airfare. All other components in the sold Trip Request are subject to the stated 8% commission.The following examples are given for Trip Requests reported as Standard Sales.
5.1.2 Sales Adjustments
After commission for a Sales Recording has been invoiced, the Trip Plan price may change. For example, additional travelers join the trip, additional excursions are booked (or removed), travel insurance is sold by you, etc. Such changes (collectively, “Sales Adjustments”) result in an increase or decrease in the commission amount to Zicasso. Travel Company Member agrees to report Sales Adjustments online within five (5) business days. The Sales Adjustment will appear on the next month’s invoice, either as a credit or an additional commission amount.
5.1.3 Commission After Travel Sale (Special Exceptions*). A Commission After Departure Sale refers to special exception booking of a Trip Plan or Travel Company Services by a Traveler Member for a Trip Request that was matched by Zicasso through the Site. An example of such a special exception is a scheduled small group tour operated by a third party tour operator.
*Travel Company Member is required to obtain prior approval from Zicasso for Commission After Travel Sales.
Commission Terms for Commission After Travel Sale. In exceptional cases where a Commission After Travel Sale is approved, Zicasso charges Travel Company Members a commission fee of thirty percent (30%) of the total commission paid to the Travel Company Member, payable the month after the trip departure date.
5.1.4 Planning Fee. It is uncommon for Travel Company Members to collect a Planning Fee (also known as a good faith deposit) from Travelers, and charging such a fee should be the rare exception. A Planning Fee refers to a non-refundable deposit collected to enable you to continue developing their travel plans and can be credited towards the total cost if the trip is confirmed.
Commission Terms for Planning Fee. Zicasso charges Travel Company Members a commission fee of thirty percent (30%) of the total Planning Fee collected by the Travel Company Member, payable the month after collection.
5.1.5 Trip Cancellations, Postponement, and Effect on Commission Fee
Upon the sale of a Trip Plan, Travel Company Member should collect from the Traveler a non-refundable trip deposit that covers Zicasso's commission as well as your expenses related to selling that trip. (Typically, Travel Company Members collect sufficient non-refundable trip deposits. Thus, regardless of cancellations, Zicasso's commission fee is owed and expenses of Travel Company Member are covered by the deposit.
Exceptions: For specific cases that require exceptions to the above terms, Travel Company Member should contact Zicasso prior to committing to a refund amount with Traveler Member. If Zicasso agrees that a refund is due we will work towards a solution and make adjustments to Zicasso’s commission as appropriate.
5.1.6 Offline Repeat & Referral Sale
Offline Repeat Travelers: An Offline Repeat Traveler is a Traveler Member who purchased an initial trip from you, and subsequently, contacted you directly to purchase additional trips or services from you.
Offline Referral Travelers: An Offline Referral Traveler is a traveler who was referred to you by a Traveler Member or a referral of a Referral (including multiple degrees of referrals).
Trips sold to Offline Repeat and Referral Travelers (the “Offline Repeat/Referral Sales”) are subject to the following Zicasso commission levels on a lifetime, perpetual basis for all future bookings.
Commission Terms for Offline Repeat/Referral Sales. The commission terms for such sales are:
Sales to Offline Repeat/Referral Traveler must be reported on the Site within two (2) business days after you receive the trip deposit for custom trips or after you receive payment for the airfare. The commission is due the month after you reported the sale.
The above commission applies to all Offline Repeat/Referral Sales, regardless of when the traveler was originally matched to Travel Company Member in the past.
You agree to report Offline Repeat/Referral Sales on the Site. Failure to report Offline Repeat/Referral Sales constitutes a violation of this Agreement and results in suspension of your membership.
5.1.7 Sales Recording and Invoices for Commission: Online Process and Timeline
Travel Company Member is responsible for timely Sales Recording as follows:
Travel Company Member agrees to submit all Sales Recordings within two (2) business days of receipt of trip deposit or planning fees, using an online sales recording system within the Site. Failure to do so is a violation of this Agreement and can result in termination of membership as described in Section 8. Zicasso reserves the right to make occasional verification audits on the date of trip deposit receipt and final Trip Plan price with Travel Company Members or with Traveler Members.
Each month, Zicasso will send Travel Company Member an electronic invoice showing Travel Company Members the trips that have commission due at the end of that month. This invoice includes Sales Recordings reported during the prior month, including Standard Sales, Airfares, Sales Adjustments, Offline Repeat/Referral Sales, and Planning Fees. The invoice total and commission due is in USD.
If you report Sales Recordings in a currency other than US dollars (USD), the Zicasso invoice will convert and publish each amount in USD, using an exchange rate on the date each sale is recorded.
Example: During the month of March (i.e., March 01 - 31), Travel Company Member submits five (5) Sales Recordings. These Sales Recordings will automatically appear on your April invoice, and commission to Zicasso for these Sales Recordings is due by the last business day of April.
5.1.8 Paying Commission to Zicasso
Travel Company Member should include both their Travel Company name (i.e., company name associated with payment method) and the invoice number in their payment transaction so Zicasso can properly account for your payment. Payment to Zicasso can be made in the following ways:
A. Pay invoice via ACH direct deposit (USA)
To set up payment via ACH Direct Deposit to Zicasso’s bank, you will need the following information:
Account holder and address:
Bank name and address:
Account Number: 632161862
Routing Number: 322271627
B. Pay invoice via international bank wire transfer
NOTE: Zicasso invoices are in USD and all your payments should be sent in USD.
Account holder and address:
Bank name and address:
Account Number: 632161862
ABA Routing Number: 021000021
SWIFT Code: CHASUS33
C. Pay invoice via Zelle (USA)
Zicasso’s Zelle account: payment@zicasso.com
There is no fee for you to send invoice payments to Zicasso via Zelle and there is no limit for the dollar amount for Zicasso to accept payments from Zelle. However, your bank may have a daily limit for sending payments via Zelle. The daily limit for the dollar amount one can send via Zelle is usually around $5,000 USD, but may vary depending on senders’ banks.
D. Pay invoice via credit card
To set up payments by credit card (transaction fees apply), please download and fill out Zicasso’s Credit Card Authorization Form. Share your completed form with payment@zicasso.com via Google Drive. Sharing documents from your Google Drive is more secure than sending an email with an attachment.
You only need to do this once. From this point forward, Zicasso will charge the commission due in that month on or after the 25th of the month. For questions, please email payment@zicasso.com.
Transaction Fees
Travel Companies are responsible for all transaction fees associated with the payment methods of their choice (including credit card fees or bank fees), whether incurred by Travel Company Member or by Zicasso. (E.g., If you pay by bank wire transfer, then you are responsible for the fees charged by both banks and any intermediary banks.
Zicasso reserves the right to change the method of calculating the commission at any time. However, Zicasso will only apply such changes to the commission only to Trip Plans or other Travel Company Services purchased after notification of the change.
5.2 Each Travel Company Member is solely responsible for paying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including, without limitation, those applicable to the purchase and sale of Travel Company Services from and by Travel Companies.
5.3 Circumvention of Commission
You agree not to engage in any action or activity that circumvents the commission described above. Prohibited practices include (but are not limited to) the following:
Failure to report Sales Recordings, including Offline Repeat/Referral Sales, or to pay the commission due will result in suspension of your membership. Late commission payments may result in interest and penalties as defined in this Agreement.
If you take actions that bypass the Site or reduce fees owed to Zicasso under this Agreement, you agree to pay all fees owed to Zicasso as well as reimburse Zicasso for any losses, costs (including Zicasso employee or contractor time), and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
5.4 Agreement to Pay
Travel Company Members agree to pay interest at a rate of one-and-a-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is less, from the due date until paid, as well as attorneys’ fees and other costs of collection incurred by Zicasso in collecting from the Travel Company Member any undisputed outstanding amount due Zicasso. Zicasso may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Questions regarding payments to Zicasso can be sent to payment@zicasso.com.
6.1 Travel Company Warranties. You represent and warrant that:
6.2 Zicasso Warranties. Zicasso Warranties. Zicasso represents and warrants that it shall have the full power to enter into and perform this Agreement and provide the Zicasso Services.
6.3 THE ZICASSO SERVICES PROVIDED HEREUNDER ARE PROVIDED AS IS, AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Unless you otherwise indicate in writing to Zicasso management, Zicasso will communicate with you by email or by posting communications on the Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Zicasso sends it to the email address you have provided to Zicasso on the Site, or when Zicasso posts such communication on the Site. You must keep your email address updated on the Site, and you must regularly check the Site for postings.
All notices to Zicasso intended to have a legal effect concerning this Agreement must be in writing and sent via email to partner-support@zicasso.com. Such notices to Zicasso are deemed effective upon receipt.
8.1 This Travel Company Agreement shall become effective upon your accepting and responding to traveler member’s leads from Zicasso, and shall continue until terminated by Zicasso or you as provided for under the terms of this Section.
8.2 Unless otherwise agreed to in writing between the parties, either party may terminate the Travel Company Agreement at any time upon notice to the other party. In such event, (i) Zicasso shall continue to perform those Zicasso Services necessary to complete any open transaction between you and another Traveler Member; and (ii) you shall continue to be obligated to pay Zicasso for any Services for which you have been engaged in order to complete any such transactions. After termination, reporting of sales and commission to Zicasso shall be done via email to payment@zicasso.com.
8.3 Any Offline Repeat/Referral Sales made within two years of agreed upon termination date are subject to Zicasso Offline Repeat/Referral commission amount (Section 5.1.6) and shall be reported via email to payment@zicasso.com and invoiced via email. Any Offline Repeat/Referral Sales made after two years of agreed upon termination date are no longer subject to any Zicasso commission.
8.4 Without limiting Zicasso's other remedies, Zicasso may issue a warning, temporarily suspend, indefinitely suspend, or terminate your registration and refuse to provide any or all Services to you if: (a) you breach any terms and conditions of this Agreement and the Terms of Use Agreement or the linked policies and information incorporated therein by reference, including our written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our Traveler Members or for Zicasso or are contrary to the interests of the Site or the Zicasso User community. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Site under the same Account, a different Account or register under a new Account.
8.5 When your membership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and bids. The provisions entitled "Fees," "Warranty Disclaimer," "Limitation of Liability," "Release," "Indemnity," "Intellectual Property," "Notices and Communications," "Resolution of Disputes between Member and Zicasso," "General," and "Audit Provisions and Maintaining Records" will survive termination of this Agreement and the Terms of Use Agreement.
9.1 Qualification Process for New Sales Consultant
Zicasso commits to Traveler Members that we pre-qualify each of the travel specialists who sell on Zicasso. Our commitment is that only the world’s best travel specialists are approved on our network, setting the industry’s highest standards for expertise and quality of service. To honor that commitment in partnership with Zicasso, you agree to Zicasso’s qualification process for new sales consultants prior to their being approved to sell on Zicasso.
9.2 Overlapping (Duplicated) Leads
If Zicasso matches you with a Traveler Member and that Traveler Member also contacted you independently (e.g., via your own marketing or direct referrals, etc.) then you are still obligated to treat it as a Zicasso Traveler Member, and Zicasso's standard commission policies apply, with commission paid to Zicasso accordingly. You agree to accept such Traveler Member’s Trip Request and communicate with that Traveler Member via the Site. If there are unusual circumstances regarding a duplicated lead, please email Zicasso at partner-support@zicasso.com.
9.3 No Spam or Mass Emails Unless Traveler Member Explicitly Opted In
Zicasso has a strict policy against spam emails to our Traveler Members. Promotional emails, newsletters, and other automated mass emails (collectively “Mass Emails”) cannot be sent to Traveler Members unless they have explicitly opted in to receive such emails. You agree not to send mass emails to Zicasso Traveler Members unless they have explicitly signed up to receive such emails from you.
9.4 Zicasso Travel Reviews
You agree not to solicit reviews from Traveler Members for publication on any venue other than the Site. Content from reviews published on the Site may not be duplicated on any other website, including your website.
9.5 Agreement to Maintain Confidentiality of Zicasso's Proprietary Information
As a Travel Company Member, you will have access to Zicasso’s Proprietary Information such as sales practices, videos, technology, website features, and metrics (collectively, “Proprietary Information”). Travel Company Members agree not to reveal, distribute, or provide access to Zicasso's Proprietary Information to any third party without the prior written consent of Zicasso. Travel Company Member commits to implement all necessary measures to prevent unauthorized access, utilization, or disclosure of Proprietary Information.