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The World Is Waiting For You

The Club.Travel™, aka “The Club”, isn’t like any other. The Club is unique. Opening the world up to everyone is the only true way to bring the world together! To get beyond the limits of possibility, we created a global club that allows everyone to enjoy breathtaking destinations, unforgettable experiences, embrace new cultures and explore the world with absolute peace of mind, all while networking with an international community of fun-loving, like-minded people.
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Luxury Experiences Every Family Can Afford

Design your own normal through a Membership with The Club and embrace endless vacations! As a Member, you are invited to join our global travel collective of fun, inspiring adventurers. We explore the world together, turning dreams into memories and forming legendary friendships. Experience travel how it should be; exquisitely curated experiences made easy for you, surrounded by a beautifully diverse international community like no other. Our Make-A-Difference Trips™ give us the opportunity to be part of something bigger than ourselves as we help change the world, while letting the world change us. Having a membership with The Club gives you the flexibility to time your holidays the way you want, where you want, and when you want.
EXPLORE

How Our Club Works

Step 1

Become a Member of The Club

Step 2

Gain immediate access to club benefits

Step 3

Book your first Club Trip

Step 4

Enjoy access to unforgettable VIP vacations and tremendous membership benefits

  • NO STARTUP COSTS
  • NO CONTRACTS
  • NO REGRETS

The Club Perks

VIP Vacation Packages

Hotel Discounts

White Glove Concierge Service

Personal Travel Agent

Fast Pass Passport Service

Car Rental Discounts

VIP Excursions

Vacation Rental Discounts

Theme Park Discounts

Identity Theft Protection

Everyday Discounts

Cruise Discounts

Timeshares

Initial Cost

Closing Costs

Financing

Membership Dues

Maintenance Fees

Vacation Fees

Points

Points Dues

Transaction Fees

Travel Insurance

Timeshares

$20,000

$300-$800

14-20% interest

$0

$1,000+

Travel, meals, etc.

$0

$0

$0

$200,000

Vacation Clubs

$20,000-$30,000

$300-$800

12-20% interest

$1,000-15,000

$1,000-3,000+

75-100% of value + travel, meals, etc.

$100-200

$5-10 per point

$0-100+

$200,000

Other Travel Clubs

$2,500-20,000

$300-800+

12-20% interest

$1,000-15,000

$0-1,000+

75-100% of value + travel, meals, etc.

$100-200

$5-10 per point

$0-100+

$200,000

$0

$0

$0

$25-$100/Mo

$0

Varies

Dollar for Dollar

$0

$0

Timeshares

Initial Cost

$20,000

Closing Costs

$300-$800

Financing

14-20% interest

Membership Dues

$0

Maintenance Fees

$1,000+

Vacation Fees

Travel, meals, etc.

Points

$0

Points Dues

$0

Transaction Fees

$0

Travel Insurance

$200,000

Vacation Clubs

Initial Cost

$20,000-$30,000

Closing Costs

$300-$800

Financing

12-20% interest

Membership Dues

$1,000-15,000

Maintenance Fees

$1,000-3,000+

Vacation Fees

75-100% of value + travel, meals, etc.

Points

$100-200

Points Dues

$5-10 per point

Transaction Fees

$0-100+

Travel Insurance

$200,000

Other Travel Clubs

Initial Cost

$2,500-20,000

Closing Costs

$300-800+

Financing

12-20% interest

Membership Dues

$1,000-15,000

Maintenance Fees

$1,000-3,000+

Vacation Fees

75-100% of value + travel, meals, etc.

Points

$100-200

Points Dues

$5-10 per point

Transaction Fees

$0-100+

Travel Insurance

$200,000

Initial Cost

$0

Closing Costs

$0

Financing

$0

Membership Dues

$25-$100/Mo

Maintenance Fees

$0

Vacation Fees

Varies

Points

Dollar for Dollar

Points Dues

$0

Transaction Fees

$0

Start As a Difference Maker Only

We make an option available for people who don’t necessarily want the travel benefits subscription (right now) but want to share The Club and invite others to do the same. Our Difference Maker Only option gets you going with our awesome referral program, and you can add the travel subscription later. Click here if you just want to become a Difference Maker.

Your Best Moments Are Still To Come

Vacations provide us with the opportunity to relax. It allows us to renew ourselves and dream. This is what makes life meaningful. Discovering new places opens our minds to new ideas and inspiration. We become our best selves during this time, spending time with our families and friends. These are the moments you can’t put into words. These aren’t like other trips. These are CLUB TRIPS.

BECOME A MEMBER

Welcome to The Club

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FAQ

THE CLUB.TRAVEL OPPORTUNITY


Who is TheClub.Travel?

We are a group of entrepreneurs creating a global community of like-minded individuals who have a desire to travel and develop relationships around the world. We offer exciting travel opportunities that inspire purpose, unity, and prosperity.

Our vision is to create the world’s largest community of fun loving, adventurous difference makers, positively impacting the lives of others.

TheClub.Travel Membership

The product we sell is a Club membership. As part of TheClub.Travel, our members receive exclusive travel benefits, including access to the travel portal that gives significant savings on unpublished rates for hotels/resorts, car rentals, vacation rentals, cruises, and activities. Members are also awarded hotel credits each month which gives them the ability to get their hotel stay reduced to an even lower rate, and much more.

Who can join TheClub.Travel – (eligibility/requirements)

To be a Club Member or Difference Maker (DM), you must be at least 18 years of age, not a current DM, or have not been a DM for a minimum of 6 months.

What is a “Difference Maker” (DM)?

A DM (Difference Maker) is an independent Distributor that has contracted with TheClub.Travel to build their business.

How do I join?

You must be referred to TheClub.Travel by an existing DM (Difference Maker). That DM can help you enroll, or if you get their Club ID, you can go to TheClub.Travel and enroll yourself.

Is there a link to sign-up?

Yes, the referring DM can send their prospect a link to become a Club Member or DM.

How much does it cost?

To become a Club Member, you need to choose one of three subscriptions we offer.

There are no setup fees, and no commitment to time being a member.

      • Leisure Club Member is $25 mo.
      • Globetrotter Club Member is $50 mo
      • High Flyer Club Member is $100 mo.

To become a Difference Maker (DM), you must:

  • Purchase a Starter Pack for $99.95 – one-time fee
      • Pay a monthly fee of $29.95 beginning month 2 forward
      • Select monthly subscription (Highly recommend but not mandatory)
      • Select a Value Package (Highly recommended by not mandatory) which allows you to pre-purchase Hotel Credits, and in some instances, a credit toward your first Club Trip. There is no expiration date to either of these benefits.

What is included in Start Pack?

The $99.95 Starter Kit includes the following:

    • Global Pay Plan
    • Brochure
    • Product Brochure
    • Business Presentation Brochure
    • Access to Back Office
    • Real time Sales Dashboard
    • Global Reporting
    • Multiple views of your Unilevel and PEN Genealogy
    • Onboarding Course
    • Difference Maker App (coming January 2022)
    • Global Communication
    • Global Releases
    • Education
    • Learning Management System (coming Q1 2022)
    • Corporate Videos
    • And much more…

What is included in the three tiers of subscriptions offered?

Leisure Club – $25 mo.

      • Travel Platform
      • Hotel & Resorts 50% Pricing Discount
      • Car Rentals
      • Cruises
      • Activities at Destination Cities
      • Cyber Protection
      • 25 Hotel Credits per Month
      • Club Trips

Globetrotter – $50 mo.

      • Travel Platform
      • Hotel & Resort 100% Pricing Discount
      • Car Rentals
      • Cruises
      • Activities at Destination Cities
      • Cyber Protection
      • 50 Hotel Credits per Month
      • Advanced Access to Club Travel Postings
      • Club Trips

High Flyer – $100 mo.

      • Travel Platform
      • Hotel & Resort 100% Pricing Discount
      • Car Rentals
      • Cruises
      • Activities at Destination Cities
      • Cyber Protection
      • 100 Hotel Credits per Month
      • Advanced Access to Club Travel Postings
      • Fast Pass Passport & Visa Service
      • Daily Discounts (US Only)
      • VIP Concierge Service
      • Personal Travel Agent
      • Club Trips

What are the Member benefits?

TheClub.Travel App

This exclusive booking engine will be accessible through your desktop, laptop or phone, making it even easier for our members to book their trips.

The Experience

Each member has the ability to sign up to our exclusive Club Trips. These are specially curated destination trips organized by us to give our members the amazing opportunity to travel with other like-minded members around the world, all at a great price. This will include a Host for the trip and organized activities, making travelling easy, affordable and fun.

Travel Platform Benefits

Hotels/Resorts, Vacation Rentals and Cruise discounts.

We provide competitive pricing and a variety of availability on hotels/resorts, vacation rentals and cruise ships. We provide detailed property information, including:

  • Hotel room descriptions and images
  • Hotel chain logos and available facilities
  • Promotional offers and messaging
  • Exclusive last-minute deals
  • Full multi source reviews, ratings and rich content

Rental Cars

We have a huge inventory available for rental car suppliers, from high end brands to low-cost brands:

  • Option of book now, pay later
  • Detailed benefits of the car mentioned

Activities

We provide access to discounted activities such as theme park days and events.

  • More than 40,000 activities available worldwide

Description, photos and schedule available for all activities

Additional Member Benefits include:

Fast Pass Passport and Visa

Passport applications: Whether our members require a passport or have even lost their passport, they can rest assured that our team of professionals will manage the passport application process from start to finish. We also help with Visa issues. Regulations and Government requirements change frequently and can be stressful, so our professional experts review their specific needs and obtain the proper visa for their precise travel plans. They also can give recommendations before they start to plan or book their travel. Weather, immunization, embassies, and currencies. This allows our members to rest assure that their travel documentation is all being handled by a team of experts.

Cyber Protection

Our cybersecurity and monitoring tools safeguard our members against cyber- attacks, identity fraud, and online predators. In today’s digital age, where more and more homes have become the center for work, school, and entertainment, it’s more important than ever to protect the entire family. From toddlers to seniors, everyone is vulnerable to identity theft, cybercrime, and privacy risk. From identity theft recovery to removing computer viruses and troubleshooting home networks, we help our members feel more secure than ever.

Daily Discounts.

Exclusively for our US members, we are offering daily discounts. featuring exclusive savings from popular restaurants, retailers, hotels, theme parks, and more. Our white- label discount programs can be fully customized to match your brand and your goals, offering you and your members:

    • Exclusive in-store discounts at over 700,000 locations nationwide
    • Savings of 10-50% off from America’s top brands and local store
    • A show-your-phone mobile coupon app

VIP Concierge

Our personal assistant and concierge services encompass hundreds of tasks, all of which can be managed or administered using our innovative technology solutions. Our assistants can provide our members with daily support for both business and personal needs. This real personal assistant and concierge service provides our members with anything they need, anytime they need it, anywhere they go with just a text, email, call or chat on their own club concierge app.

Personal Travel Assistant

Our consultants work hard to ensure our members have everything they need before, during, and after their trip! This includes having a dedicated team member who understands our members individual travel needs and preferences. Members can contact their consultant in the way that best suits their needs, including by email, phone, or video conference if needed.

Travel Value Packages

Difference Makers have the exclusive ability to purchase Travel Value packages that consist of Hotel Credits and Club Trip Credits.

Economy – $250

300 Hotel Credits

Package Value $300

Club – $500

550 Hotel Credits

$50 Credit on your first Club Trip

Package Value $600

Premier – $1000

1150 Hotel Credits

$100 Credit on your first Club Trip

Package Value $1250

If I signup as a Club Member, can I choose to become a Difference Maker in the future?

Yes, TheClub.Travel members can become a Difference Maker at any time in order to participate in the Pay Plan.

Can I signup as a Business Entity?

After you enroll as a Difference Maker, you may request to operate your Position as a Business. Pleases submit a written request to support@theclub.travel.

How can I make money with TheClub.Travel?

We provide Difference Makers an opportunity to benefit financially by sharing the Club Membership with others and receive compensation through our global direct sales pay plan.

This means they share the membership and Difference Maker services, selling the product to their own customers, and signing others up to become Difference Makers. They will receive weekly and monthly commissions with 6 ways to get paid.

Do I have to pay a monthly fee?

Starting month 2, a Difference Maker (DM) is charged a $29.95 monthly DM fee. This gives the DM access to TheClub.Travel resources and the full complement of tools to build their business and earn income.

In addition, if you choose any one of the three subscriptions: Leisure, Globetrotter, or High Flyer (highly recommended but not mandatory), this fee will also be charged monthly.

 

MEMBERSHIP SUBSCRIPTION

Who is included in the Membership (Individual, spouse/significant other, immediate family)

The membership includes the individual who is a member, their spouse/significant other (if any), and all children in the household under the age of 18.

Can I receive a refund if I change my mind after joining?

If you are within 3 days of joining TheClub.Travel, and you choose to resign, you are entitled to a 100% money back guarantee (If the state requires more than 3 days, we will extend to the individual state requirement).

GENERAL – MEMBERSHIP

How do I login to my website?

Go to dm.theclub.travel if you are a DM, enter your username (original email address given to us upon enrollment) and enter your password.

How do I keep track of my credits, trips, and account status?

Purchase History is located under the drop-down menu from your username shown at the top of the screen in your Member Portal.

Can I access everything (Hotels, Activities, Club Travel, ID Theft, etc.) all through one website?

Yes.

What if I need to cancel travel plans already booked?

Please contact us at travel@theclub.travel (available 24/7) via Chat or Email. We will advise you if there is any cancellation fee. (TheClub.Travel will never charge you any kind of booking, service, or other fee) to cancel an action as per your preference.

Can I book a hotel, car, or cruise for anyone other than myself?

You can book for immediate family or friends. If booking for anyone other than immediate family, you must also be a traveler on the booking. If you are unsure, please contact us at travel@theclub.travel (available 24/7) via Chat or Email.

Do Club Trips include airfare?

No. Transportation to the destination is up to the individual(s).

Is there a Host on Club Trips?

Yes, there is a Host for any trip with 10 or more participants, however airport transfers are dependent on the destination.

Who do I contact if I have an issue on a Club Trip?

Your Host is your first stop if you need help with something (and remember, if you don’t let us know about something until after your trip, we won’t be able to fix it)! If your Club Trip does not have a Host, please contact us at travel@theclub.travel (available 24/7) via Chat or Email.

What is the value of Hotel Credits, and how do I use them?

Hotel Credits each have a value of $1. When you are choosing a hotel to book, you are given a price per night at the hotel, and then a net price which is an additional available discount you can qualify for based on how many Hotel Credits are available to the Member in their account.

Can I transfer Hotel Credits to someone else?

No. This is not allowed.

Can the Membership be transferred to a friend/family if I am not able to continue?

A Member can transfer their Membership to someone new. A DM can also do a sell/transfer to a new DM as long as the new DM is not a current DM, has not been a DM for a minimum of 6 months, and is 18 years of age or older.

Can I change my membership level at any time?

Yes. At any time, you can go to your back office and upgrade or downgrade your subscription.

MEMBERSHIP CANCELLATION

Can I cancel anytime?

Yes.

If I change my mind, can I cancel and get a refund?

Yes, you can cancel at any time.

  • I acknowledge and understand that I may terminate this agreement for any reason, at any time, by giving TheClub.Travel written notice by email to compliance@theclub.travel or by mail to 233 Main Street, Port Washington, NY 11050. If I terminate this Agreement within fourteen (14) days of my application to become a Difference Maker, TheClub.Travel will refund to me the Start Up Fee and any monthly Business Support Fee I have paid in connection with my application and Difference Maker position. I further acknowledge and understand that TheClub.Travel may terminate this agreement pursuant to TheClub.Travel Policies & Procedures or by giving written notice to me in the event that I breech any part of this agreement

Send your request in writing to compliance@theclub.travel and include your Name,

ID Number, DOB, Address, and Phone Number.

Can I reactive the membership (with the same Member ID) once cancelled?

No. A new Membership or DM must have a new ID.

What happens to my downline and members if I cancel?

Your position is terminated, and your organization compresses up.

MEMBERSHIP PAYMENT

Is there a renewal date?

There is no renewal date with TheClub.Travel. A DM pays a monthly fee of $29.95 to be a DM participant. When a Difference Maker initially enrolls, they are charged a one-time set-up fee of $99.95. Starting in month 2, they are changed their monthly fee on the same date as enrollment moving forward.

What forms of payment are accepted?

Visa/MC at launch, and adding Bit Coin along with cash payment in a DM electronic wallet (through i-Payout) once it is up and running (approximately 30 days after launch).

If I was inactive for a period of time, if I rejoin, do I need to pay for my inactive time?

No, that is not required. If you have been inactive for up to 90 days, you can come back in to be active again, and only need to pay the DM monthly fee of $29.95. This can happen once during a DM tenure. If a DM is inactive for longer than 60 days at any point going forward, they will be terminated and must come back in a the bottom of the tree.

MEMBERSHIP ACCOUNT CHANGES

How do I update my billing and shipping information?

Through the back office.

How do I update my contact information?

Through the back office.

How can I change the main name on my account?

Contact us at genealogy@theclub.travel

Can I change my monthly payment date?

Yes.

REFERRALS

Can I refer a friend for membership?

Yes.

How do I earn referral rewards, and how do they work?

Not currently.

Is there a limit to how many friends I can refer?

No.

GENERAL

Do I have to purchase a subscription to be a Difference Maker?

No. You do not need to purchase a subscription to be a DM. The only requirement is that you purchase a Start Kit for $99.95 at the time of enrollment, and then pay a monthly DM Fee of $29.95 starting in your second month.

How do I setup my website?

Website is set up at the time of enrollment. You will be emailed your username and password which gives you access to your back office.

How do I access my back office?

Go to dm.theclub.travel and enter in your username and password.

I need help logging in. How do I reset my password?

When enrolling into the website, you can click ‘forgot password’. By clicking that link, you will be taken to a location where you can change your password.

Are there any training resources?

Yes, see the back office for training resources.

How do I enroll/sponsor a Club Member or a DM?

You have three options:

  • You can send a link that you get from your back office which will tie you to your prospect. Once your prospect clicks the link, they are taken to a location where they can complete their registration and become a Member or a DM.
  • You can give your prospect your ID number, and they can go to TheClub.Travel and click ‘enroll’. They will input your ID into the system which will show you to them, and they will be given instructions to begin enrollment.
  • You can enroll them through your back office, but you will need them with you as there is specific information that is required that is considered private and confidential, and only they will have access to this information.

In what countries can I enroll Club Members and Difference Makers?

We are open globally. We will issue a list of countries where we currently will not accept enrollment, but this may change in the future.

Why do you need my social security number?

We do not collect an individual’s social security number. i-Payout requires this information when you register for a wallet which delivers commissions to you. This is part of what is referred to as KYC (know your customer) and validates that you are a real person.

Will I receive a 1099?

Yes.

Can I add my spouse to my account?

Yes.

Can I add friends or family?

Only a spouse/significant other can be added to your account.

Can individuals who are not a member of TheClub.Travel use my account?

Up to 2 non-member guests can travel with you on a trip booked through your TheClub.Travel subscription.

Can my spouse have a separate account?

Yes.

How do I keep my account active?

To be active, you must maintain the minimum PGV (personal group volume) requirement. This ranges from $25BV to 300BV depending on your rank in the compensation plan. Please see compensation plan for a detailed explanation.

Who do I contact if I need help?

For travel questions, please contact travel@theclub.travel.

For membership questions, please contact support@theclub.travel

For compliance questions, please contact compliance@theclub.travel

For genealogy questions, please contact genealogy@theclub.travel

 

COMMISSIONS

How do I check my earnings?

Sign into your back office and select ‘Commissions’.

When Can I expect to get paid commissions?

We pay both weekly and monthly:

  • The weekly paid commissions are from the Travel Value Package commissions and from Mentorship commissions.
  • The monthly commission require the calendar month to close, and these commissions are paid by the 15th of the following month.

These commissions are:

    • Unilevel Income
    • Customer Volume Bonus
    • Matrix Bonus
    • Global Bonus Pools

How do I get paid commissions?

Commissions are paid through i-Payout, and are deposited directly into your e-wallet which you setup after enrollment in i-Payout

Is there a Grace Period if I don’t meet earning qualifications one month?

There are no earnings requirements with TheClub.Travel pertaining to the compensation plan.

If I have questions about my earnings, who do I contact?

Please refer to the commissions section in your back office after you sign-in. Please contact us at support@theclub.travel should you have any additional questions.

PAYMENT

When will I be charged the monthly fee?

If you enroll between the 1st and 25th of the month, you will be charged that same day in the following month and each month thereafter.

If you enroll between the 26tht through the last day of the month, you will be charged that same day in the following month and each month thereafter.

Is there an annual renewal fee?

No. TheClub.Travel does not charge a renewal fee.

ACCOUNT CHANGES

How do I update my billing and shipping information?

This can be done in your back office under your Profile.

How do I update my contact information?

This can be done in your back office under your Profile.

Can I change my monthly due date?

Yes.

MARKETING AND ADVERTISING

Does TheClub.Travel provide marketing materials I can sue to promote the membership and the opportunity?

Yes. They are located in your back office in the Resource area.

Can I post on my social media channels about TheClub.Travel?

Yes, you can.

Can I create a website to share TheClub.Travel membership and opportunity?

Yes, but you are not allowed to use the company logo, and you must state that you are an independent representative.

Can I create flyers and posters to advertise?

Yes, you can as long as you stay within company guidelines.

Can I create my own business cards?

Yes, but you are not allowed to use the company logo. You can purchase business cards from the Merchandise site along with other marketing materials.

Can I tell others how much money I am making with TheClub.Travel?

At no time can you share with others how much you earn with TheClub.Travel

Can I tell others how much they will save by joining TheClub.Travel?

You can only use company published statements as they relate to savings. See company Policies and Procedures.

Can I use the logos, trademarks, names of TheClub.Travel in my advertising?

You can only use the company provided items available in the Resource section in the back office.

Can I participate in tradeshows and expos for the purpose of marketing TheClub.Travel membership and opportunity?

Yes, you can.

Can I lease, own, or operate a storefront or retail space for the purpose of recruitment for TheClub.Travel Club Member or Difference Maker, or retail sales?

No. That is not our business model. We are network marketing which is person to person sharing.

GENEAOLOGY

What is a genealogy?

Genealogy refers to the structure In which the company organizes and pays it independent sales force. The Genealogy department typically handles any movements to the structure of ‘tree’ (placement, sponsor, or enrollment changes) and make corrections to commissions and ranks based on those changes and their impact to the genealogy.

Can I give away sponsorship of a Difference Maker to another DM? If so, is there a timeframe to make this change?

You have two options:

    • You can be the personal sponsor and allow someone else to be the placement sponsor. You retain all the benefits of personally enrolling someone, even though they are not front line. You have 72 hours from enrollment to make this change.
    • You can give away both personal and enrollment sponsorship, although we highly discourage this.

Who Can I contact if there is an enrollment error?

Contact genealogy@theclub.travel.

Can I change my sponsor or rejoin in another organization at TheClub.Travel?

We strongly discourage this, however if you choose to move forward, you will need to resign for a minimum of 6 months. At that time, or any time thereafter, you can enroll under a new sponsor.

How many Difference Maker positions can I have?

You can only personally own one DM position. Your spouse is also eligible to have one DM position of their own.

Can I sell or transfer my account to someone else?

Yes.

Can I change my account from an individual to a business entity?

Yes, you can. Contact compliance@theclub.travel for instructions.

COMPLIANCE

What is compliance and why is it important?

Compliance makes sure that its Club Members and DM’s are abiding by the companies Policies and Procedures. Should you have any questions, please contact compliance@theclub.travel.

Are there any rules I must abide by as a Difference Maker?

Yes, please see the companies Policies and Procedures.

Where can I find the Policies and Procedures?

Policies and Procedures are located in the back office and in the footer of the website.

Can I participate in another company that is similar to TheClub.Travel or sells travel memberships?

Yes, you can, although you are not allowed to attempt to cross recruit anyone from TheClub.Travel into a different Direct Sales Company.

When signing someone up, can I complete the enrollment on their behalf?

They must be in attendance to give their private information needed to enroll – items such as a Social Security number if they live in the US, credit card information, etc.

What should I do with someone’s personal information after assisting them with enrollment?

Destroy it. You are not allowed to keep it.

Can I tell other that I work for TheClub.Travel?

As an Independent Representative only.

What happens if I breach my agreement with TheClub.Travel?

See Policies and Procedures located in the back office for specific details. Actions can be any of the following: suspension, termination, withholding commissions (during an investigation) or forfeit of commissions (based on investigation results).

If I get terminated, can I rejoin at a later time?

No, sorry.

As a Difference Maker, can I purchase more than one Club membership, or gift memberships, to friends and family?

You can purchase and pay for memberships for other individuals if you choose to do so, however they cannot be in your name. Memberships need to be in the name of the user of the membership so that they may receive the benefits.

Can I pay for enrollment or monthly fees for someone else?

This is highly discouraged but may be done in rare circumstances.

Who do I contact if I have a grievance or dispute with another Difference Maker?

Please contact us at compliance@theclub.travel.

GLOSSARY OF TERMS

Active – A Difference Maker is considered Active when they have achieved their PGV (Personal Group Volume) requirement.

Agreement – Contract between a Difference Maker and TheClub.Travel which includes the Application and Agreement, Policies and Procedures and Compensation Plan.

Back Office – Software accessible to members to track their genealogy, referrals, commissions etc.

Business Volume (BV) – Percentage value assigned to each purchased product. Used for qualification and promotion within the Compensation Plan.

Commissionable Volume (CV) – Percentage value assigned to each purchased product on which commissions are paid.

Compensation – The commissions, bonuses and other considerations received by a Difference Maker under the Pay Plan or through other incentives or promotions implements by TheClub.Travel for the sale of its products and services.

Compensation Plan – Refers to how commissions are paid to Difference Makers. Considers personal sales and that of downline.

Compression – If a commission payment cannot be paid to a Difference Maker due to their being inactive, unqualified, or not eligible in a given period, the payment moves up to the next qualified active, active, and eligible Difference Maker(s) upline.

Cooling Off Period – Period of time during which the purchaser can decide to cancel without a loss and receive a full refund of enrollment fees. This is 14 days from the date of enrollment.

Depth – Number of levels within your downline

Difference Maker – Refers to someone that has enrolled with TheClub.Travel, wishes to build Downlines, and participate in the Compensation Plan.

Downline – Difference Makers personally sponsored by a Difference Maker, as well as the Difference Maker(s) they sponsor.

Frontline – Personally enrolled downlines are the frontline Difference Makers.

Group Volume (GV) – All Business Volume (BV) purchased by personally enrolled customers and their referrals that are also customers. Does not include PV of DM.

Genealogy – The structure in which the company organizes and pays its independent sales force. Also refers to the sales organization of a Difference Maker.

Level – The position of a Difference Maker within the organization. Difference Makers personally sponsored are level one to their sponsor. The Difference Makers sponsored by level one Difference Makers are level two (relative to the original Difference Maker).

Member – Person who purchases a TheClub.Travel subscription package.

Organization – All Difference Makers linked by sponsorship from your downline.

Organizational Volume (OV) – The monthly Organizational Business Volume with unlimited depth per leg. This includes your Personal Group Volume (PGV) as well.

Paid-As Title – The title a Difference Maker is qualified for in each commission period. The Paid-As Title may change with each commission run, but the rank does not.

Personal Group Volume (PGV) – Total monthly BV purchased by a Difference Maker and their personal customers in a calendar month.

Personal Volume (PV) – All BV personally purchased by an individual Difference Maker in a calendar month.

Prospect – Person to whom a Difference Maker wishes to offer the business opportunity or member services.

Rank – Name that represents the achievement of qualifications within the compensation plan.

Sponsor – Difference Maker immediately above the Difference Maker.

Uni-level – Compensation plan that allows for recruitment of unlimited Difference Makers to the frontline, and allows downlines to do the same.

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Privacy Policy

TheClub.Travel, LLC (“TCT,” “we,” “us,” “our,” or the “Company”), is a Delaware limited liability company operating a Network marketing company whose primary business activity is selling a travel club product.

We understand the importance of maintaining the privacy and security of your personal information (“Personal Information”). Personal Information is commonly defined as any data that can be used to identify a specific individual. Under the California Consumer Privacy Act (“CCPA”), the definition of Personal Information is expanded to include “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Although the CCPA only applies to protect the privacy rights of California residents, our Privacy Policy is intended to protect your Personal Information as broadly defined by the CCPA everywhere in the United States.

We have created this Privacy Policy to inform you about what Personal Information we collect and use in the provision of our services and through your use of our website, how and why it is collected and used, how and why it is disclosed or shared with third parties, how we safeguard it, and your choices and available methods for limiting the use and disclosure of your Personal Information.

PLEASE READ THIS PRIVACY POLICY CAREFULLY AND IN ITS ENTIRETY AS IT RELATES TO YOUR RIGHTS REGARDING THE PROCESSING OF YOUR PERSONAL INFORMATION.

CONTENTS

1. What Personal Information We Collect

2. How We Collect and Use Your Personal Information

3. Cookies, Web Beacons, and “Do-Not-Track” Signals

4. Who We Share Your Personal Information With and Why

5. Security and Storage of Your Personal Information

6. Your Choices for Limiting Use and Disclosure of Your Personal Information

7. Additional Disclosures for California Residents

8. European Union Privacy Notice

9. Children

10. Links to Third-Party Sites

11. Privacy Policy Changes

12. Contact Us

1. What Personal Information We Collect.

• Name;

• Business name & address;

• ARC/IATA Number;

• Number of branch offices;

• Member’s URL;

• If the Member is affiliated with ARC/IATA/BSP/True or CLIA;

• Global Distribution System (“GDS”) data, including Pseudo City Code (PCC) and name of GDS;

• Percentage of corporate, leisure and meeting/events;

• Annual hotel and air volume;

• If the Member is affiliated with another travel consortia group;

• Business title;

• Mobile number;

• Business telephone and fax numbers;

• Company and or personal Email address;

• W-9 for Members that take advantage of selected supplier commission programs;

• ACH form for CIBT to facilitate direct commission payments;

• Bank and payment data (corporate/personal credit cards, credit history and bank information);

• Total number of Travel Advisors including how many work in virtual environments;

• Tax ID;

• Travel arranger and emergency contact names and information;

• Traveler preferences and trip/meeting details (e.g., routings, class of service, seat preferences, frequent flyer data, meal preferences, hotel/rail/car and other ground transportation membership data and preferences, special accommodation requests, other personal data voluntarily supplied by you via your profile, surveys, or other requests);

• Travel documentation (e.g., passport/visa/national id/driver’s license number, TSA number, citizenship, date of birth, gender);

• Login credentials, user IDs, employee IDs, IP addresses, and browsing information.

• Arrival & departure dates;

• Name of the primary traveler;

• Hotel name and address;

• Travel Advisor’s username & source code;

• Employee and independent contractor data (e.g., Social Security and Employer Identification Numbers);

• Work history, including professional and employment-related information;

• Education and skills;

• Commercial information, including records of products or services purchased, obtained, or considered; and

• Social media account names.

2. How We Collect and Use Your Personal Information. We collect your Personal Information from a variety of sources, including:

• You, when you voluntarily and directly supply your Personal Information through our website, or by telephone, fax, email, or other channels of access;

• From third-party sources such as your Travel Advisor (e.g., your company representative when sending your company information on your behalf; from the network of websites and applications accessible through or utilized by our services);

• From third-party service providers and suppliers (e.g., airlines, hotels, rail/auto/other ground transportation suppliers and payment card providers);

• From other third-party partners and agents; and

• Automatically, from cookies and other similar technologies.

We use your Personal Information to:

• Complete transactions requested by you or your company (e.g., booking travel reservations);

• Communicate with you by various means, including email, telephone, or fax;

• Manage your relationship with us (e.g., customer service, managing your account);

• Analyze your use of our website;

• Conduct surveys;

• Provide you with relevant marketing (e.g., information on services or products we think you may be interested in);

• Detect security incidents and to protect against and prosecute for malicious, deceptive, fraudulent, or illegal activity;

• Comply with legal requirements; and

• Serve your and our other legitimate business interests.

3. Cookies, Web Beacons, and “Do Not Track” Signals. A “cookie” is a small string of information that the website you visit transfers to your computer for anonymous identification purposes. We use cookies to follow your activity on our website, and to gain information about how you access and use our website and platform and about the device(s) you use to access our services. This information includes device ID or unique identifier, device type, browser type, Internet Service Provider, operating system, geolocation info, and computer and connection information. We also automatically collect information using cookies, web beacons, and similar technologies, to learn about the pages you view, the links you click, and other actions you take on our website and platform, the website from which you came and the website you are going to when you leave our website, your social media profiles, how frequently you access our website and platform and how long you use them, and whether you open, view, and click on any links in emails that we send you. That information helps us to understand your preferences and improve and personalize your website experience. Cookies are also used for such activities as remembering your username and password.

You can turn off all cookies in the event you prefer not to receive them. You can also have your computer warn you whenever cookies are being used, giving you a chance to decide whether or not to accept them. Please be aware, however, that when you choose to reject cookies, you may lose access to certain features of our website. Most cookies are “session cookies” which means that they are automatically deleted at the end of each session. Most browsers are initially set to accept cookies.

A web beacon is an invisible pixel-sized graphic image on a web page, web-based document, or e-mail message. It helps us do things like view the URL of the page on which the beacon appears and the time the service, document or email in question is viewed. They can be used to confirm the receipt of, and response to, our emails, including those that you forward to friends and family; and they help deliver a more personalized online experience.

We respect your privacy, but we do not alter the information we collect or change our services upon receiving “Do-Not-Track” (“DNT”) signals, as the term appears in Cal. Bus. & Prof. Code §22575(b)(5). For more information about DNT signals, please visit http://allaboutdnt.com.


4. Who We Share Your Personal Information With and Why. We do not sell your Personal Information. We share your Personal Information with the following third parties for the following reasons, where applicable:

• Advisers and financial institutions (legal, tax, auditors, risk and compliance, notaries, and business continuity support services);

• Travel-related service providers as necessary for travel fulfillment and related services, such as:

Airlines, cruise lines, hotels, ground transportation providers, and other travel suppliers;

IT providers for various types of technical travel-related and non-travel-related assistance;

Global Distribution Systems (“GDSs”) for booking and ticketing purposes;

Industry reporting authorities (e.g., Airlines Reporting Corporation) for clearinghouse functions;

Visa and passport providers;

Credit card companies;

Payment collectors and processors;

• Your company and the third parties to whom it or you request disclosure for various reasons (e.g., travel fulfillment, travel-based reporting, cost accounting, auditing, and tracking);

• Support service providers (e.g., for storage, statistical analytics, marketing support, provision of software, credit history, risk reduction and fraud prevention);

• Where permitted by applicable laws, with third parties should there be any future corporate restructuring, sale, transfer or assignment of assets or business, merger, divestiture, or other changes to the Company’s control or financial status; and

• Government bodies and law enforcement organizations to comply with licensing and other legal obligations.

In the future, if we need to share your Personal Information for any other purpose, you will be informed in advance and have the opportunity to opt-out.

In some instances, service providers will be controllers in their own right, and will be directly responsible to you for their use of your Personal Information. They may be obliged under information protection legislation to provide you with additional information regarding the Personal Information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites.

Our services may, from time to time, contain links to and from third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.

5. Security and Storage of Your Personal Information. The security of your Personal Information is important to us but no method of transmission over the Internet, or method of electronic storage, is 100% secure. Your Personal Information is only accessible, on a need-to-know basis, by a limited number of employees who have special permissions. While we use commercially acceptable technical and organizational measures to protect your Personal Information from loss, misuse, alteration, or unintentional destruction, we cannot guarantee its absolute security.

Personal Information relating to travel is generally stored in a profile in a GDS. We will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of our legitimate business interests and satisfying any legal or reporting requirements. In addition, we may retain Personal Information from closed accounts to comply with applicable law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms and Conditions and take other actions permitted or required by applicable law. After it is no longer necessary for us to retain your Personal Information, we dispose of it in a secure manner.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information, and applicable legal requirements.

6. Your Choices for Limiting Use and Disclosure of Your Personal Information. Under applicable data privacy protection laws, including the CCPA, and our policies, you have several basic rights regarding the Personal Information that we process about you. Here are your specific rights:

• Right to Access. The right to access the Personal Information we process about you.

• Right to Transfer. The right to receive the Personal Information we process about you in a commonly used format and to have it transferred to another data controller based on your consent.

• Right to Correct. The right to correct your Personal Information without undue delay where that Personal Information is inaccurate or incomplete.

• Right to Deletion. The right to have your Personal Information deleted without undue delay in certain circumstances.

• Right to Restriction. The right to restrict our processing of some or all of your Personal Information in certain circumstances.

• Right to Opt-Out. You have the right to opt-out of our processing or sale of your Personal Information.

• Right to Close Your Account. The right to request that we close your account.

• Right to Non-Discriminatory Treatment. You have the right not to be discriminated against for exercising any of the rights listed above.

If you wish to exercise any of these rights, please contact us at complaince@theclub.travel.com. We will honor the requests you make related to your rights as the law allows, which means, in some cases, there may be legal or other legitimate reasons that we may not be able to address the specific request you make. You do not have to pay any fees to exercise your rights. We will respond to your request within 45 days. We will verify your request using the information associated with your account or other information that is held by us, including your email address.

Please note, before we will be able to process your request for access to or deletion of your Personal Information, we will need to properly verify your identity for security purposes. Where you have an account with us, you can exercise your rights while logged-in to your account. Otherwise, if you do not have an account, but we possess appropriate Personal Information about you on file (e.g., name, phone number, email/physical address), we will attempt to verify your identity using that Personal Information. If it is not reasonably possible to identify you adequately, we may not be able to respond to your request.

You may also designate an authorized agent to exercise these rights on your behalf by following the procedure outlined below for California residents to designate an authorized agent to act on their behalf.

Under the CCPA, if you are a California resident, you may designate an authorized agent to make a request related to your Personal Information on your behalf. In order to allow an authorized agent to make a request on your behalf, please email us at compliance@theclub.travel.com to provide your written request and consent to an authorized agent. When your authorized agent makes a request related to your Personal Information, we will require the agent to provide the above written permission. We may also require that you verify your own identity directly with us at the time such a request is made.

If you no longer want to receive our emails or other announcements, you may unsubscribe by writing to us at support@theclub.travel.com or following the instructions provided or the “unsubscribe” link at the bottom of our emails. Please note that you cannot unsubscribe from certain correspondence from us, including transactional messages relating directly to your account.

7. Additional Disclosures for California Residents. In addition to the rights described above in Section 6, which include the privacy rights of California residents under the CCPA, this Section describes how we collect, use, disclose, and/or “sell” (as defined under California law) Personal Information of California residents, and additional disclosures required by the CCPA. These additional disclosures are intended to supplement this Privacy Policy.

The CCPA requires us to disclose the Personal Information we may have collected about California residents in the past 12 months and from where we collected it. That information is in Sections 1 and 2, above.

We collect the Personal Information of California residents as further described in Section 2, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives.

We may share such Personal Information with the third parties listed in Section 4, above. The CCPA also requires that we provide California residents with additional information about the categories of disclosures to such third parties within the past 12 months, particularly, where the disclosure involves monetary or other consideration. California treats these disclosures as “sales” of information, even where no money is exchanged. We do not “sell” data as the word “sell” is generally defined and commonly understood.

We may, however, have disclosed, in the past 12 months, the following categories of Personal Information to the following third parties for our operational “business purposes” as defined by California law:

• Personal Identifiers:

Advisers and financial institutions  

Service providers

Government bodies

• Internet or other electronic network activity information:

  Service providers 

• Professional or employment-related information:

  Service providers

• Geolocation information:

Service providers

• Education and skills:

Service providers

• Characteristics of protected classifications, including age, nationality, gender, disability, marital status, ethnicity/race:

Service providers

• Visual, audio, electronic and other similar information:

Service providers

• Commercial information:

  Service providers

• Inferences drawn from any information to create a profile:

Service providers

We do not sell, or have actual knowledge of any sale of, the Personal Information of minors under 16 years of age.

As noted above, we do not sell your Personal Information.

8. European Union Privacy Notice. The information in this Section is intended to supplement this Privacy Policy with additional disclosures required by the General Data Protection Regulation 2016/679 (“GDPR”). The GDPR is a regulation that requires personal data (“Personal Data”) protection and privacy for natural persons who are present within the European Union (“EU”) or the European Economic Area (“EEA”). It also addresses the transfer of Personal Data outside the EU and EEA.

Under the GDPR, Personal Data is information that relates to an identified or identifiable individual. What identifies an individual could be as simple as a name or a number or could include other identifiers such as an IP address or a cookie identifier, or other factors.

Although we are based in the United States and do not have a physical business location within the EU or the EEA, if you are a natural person who is present within the EU or the EEA and we collect your Personal Data when you use our website, we are the controller of your Personal Data for purposes of the GDPR.

The GDPR states that data controllers can only process Personal Data when there is a legal ground for it. The acceptable legal grounds are:

• Consent, (e.g., before application of cookies, before sending marketing materials by electronic means, or before selling a data subjects Personal Data to a third party); or when processing is necessary for:

• The performance of a contract which the data subject is part of;

• Compliance with legal obligations to which the data controller is subject;

• To protect the vital interest of the data subject or of another natural person;

• Performance carried out in the public interest or within the official authority vested in the data controller; or

• For the legitimate interest of the data controller when this does not override the fundamental rights of the data subject.

There is no comparable requirement for legal bases under the CCPA.

Following are disclosures and information regarding your Personal Data required by the GDPR that may be essentially the same, in addition to, or somewhat different than our preceding Privacy Policy disclosures and information.

• The right to be informed: As with the CCPA, under the GDPR, you have a right to notice, upon collection, of the Personal Data collected and the purpose(s) for which it will be used. If your consent is the legal basis for collecting it, your consent must be explicitly given by an affirmative act. If you have affirmatively given your consent to the collection of your Personal Data, you have the right to revoke that consent at any time (See the right to object to processing, below).

• The right to access: You have the right to receive responses to your data access requests without undue delay and in any event within one (1) month of our receipt of your request;

• The right to rectification: You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete any information you believe is incomplete.

• The right to erasure (aka the right to be forgotten): You have the right to request that we erase your Personal Data, under certain conditions.

• The right to restrict processing: You have the right to request that we restrict the processing of your Personal Data, under certain conditions.

• The right to object to processing: You have the right to object to our processing of your Personal Data, under certain conditions. If your consent is our legal basis for collecting your Personal Data, you have the right to revoke that consent at any time.

• The right to data portability: You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

• The right to know about automated decision making and profiling: If we use automation to profile or make decisions about you from your Personal Data, you have the right to be informed of the details beforehand.

• The right to complain: You also have the right to lodge a complaint to your local data protection authority. Information about how to contact your local data protection authority is available at ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

One main difference between the CCPA vs. GDPR is that the GDPR requires your affirmative prior consent to the collection and use of your Personal Data whereas the CCPA does not. In fact, according to the CCPA, a business does not need prior consent from a user before processing their data, nor does a website need prior consent from a user before selling their data to third parties. Both the GDPR and the CCPA provide for you to opt-out or withdraw from collection and use.


Where the GDPR requires all websites, companies and businesses to have a legal basis for processing the Personal Data of subjects in the EU or EEA, the CCPA does not have any such requirement. The CCPA only applies to for-profit business controllers and processors of Personal Information of California residents.

For an extensive comparison between the rights of the CCPA vs GDPR, have a look at page 26 in FPF’s privacy law comparison.

9. Children. We are committed to protecting the online privacy of children. We do not knowingly collect Personal Information from children under 16. We take children’s privacy seriously and encourage parents to play an active role in their children’s online experience at all times. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out http://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.

10. Links to Third-Party Sites. In an attempt to provide increased value to our visitors, we may choose various third-party websites (e.g., our business partners, social media networks) to link to within the website. We have no control over these linked sites, each of which has its own separate privacy and data collection practices that are independent from us. As such, we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. These linked sites are only for your convenience, and you therefore access them at your own risk and should review each of their privacy policies before using them.

11. Privacy Policy Changes We reserve the right to update and improve the provisions of this Privacy Policy at our discretion for such purposes as keeping up with legal, technological, and other business requirements. If we provide such modifications in the future, they will be effective upon being posted to this website, so you should check this website and the Last Updated date above periodically. Your continued use of our services after we post any modifications will constitute your acknowledgement and consent to abide and be bound by the changed Privacy Policy. If we make any material changes to this Privacy Policy, in addition to changing the Last Updated date above, we will notify you either through the email address you have provided to us or by placing a prominent notice on this website.

12. Contact Us If you have any questions or concerns about this Privacy Policy, please contact us at compliance@theclub.travel.com.

TheClub.Travel, LLC

8745 Gary Burns Drive

Suite 160-264

Frisco, TX 75034

USA

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Policies and Procedures

Effective November 9, 2021
 

Defined terms are set forth below or may be separately defined in Section 10 of these Policies and Procedures. References to the singular shall include the plural and to the masculine shall include the feminine where the context permits.

SECTION 1. CODE OF ETHICS

1.1 As a TheClub.Travel Difference Maker, I will:

  • Conduct myself and my business in a professional, ethical, moral, and legal manner, always being respectful of each and every person I meet;

  • Represent TheClub.Travel products and services and TheClub.Travel income opportunity honestly and accurately;

  • Provide ongoing support and positive encouragement to other TheClub.Travel Difference Makers and Members, both within and outside of my own sales organization;

  • Commit to protect TheClub.Travel confidential information, including the contact information of other Difference Makers and Members; and

  • Align to all of TheClub.Travel current and future Policies and Procedures.

1.2 As a TheClub.Travel Difference Maker, I will NOT:

  • Engage in any activity that would reflect poorly on TheClub.Travel or me, including but not limited to any deceptive, misrepresentative, unlawful, or unethical business or recruiting practice, using any high-pressure recruiting or selling technique, or making any unlawful, unauthorized or exaggerated claim about TheClub.Travel products or services or TheClub.Travel income opportunity;

  • Entice or encourage any existing Difference Maker to join my team from another team under any circumstance, directly or indirectly;

  • Attempt to gain any advantage over any other Difference Maker by claiming or implying that I am able to obtain any special treatment from TheClub.Travel;

  • Disparage TheClub.Travel or its products or services, Pay Plan, management team, employees, affiliates, Customers, or other Members, or the competition or their products, compensation plans, management teams, employees, affiliates, or independent distributors;

  • Attempt to manipulate TheClub.Travel Pay Plan in any way, including but not limited to enrolling any person as a Member or as a Difference Maker who has little or no interest in TheClub.Travel, primarily to qualify for a bonus or other compensation, or by enrolling or encouraging others to enroll with multiple Positions and/or selling TheClub.Travel products or services through unauthorized channels; or

  • Attempt in any way, directly or indirectly, to violate or circumvent TheClub.Travel Policies and Procedures and other agreements and policies that apply to Difference Makers.

SECTION 2. YOUR RELATIONSHIP WITH THECLUB.TRAVEL

As used in these Policies and Procedures, the terms “you”, “your”, and “Difference Maker” refer to TheClub.Travel Difference Makers, individually or collectively, depending on the context.

2.1 Becoming a TheClub.Travel Difference Maker.

To be eligible to become a TheClub.Travel Difference Maker, you must: (a) be of legal age to enter into a binding contract in my state of residence; (b) have legal authority to conduct business and earn income in the United States; (c) submit a complete, legible, unaltered, and valid TheClub.Travel Difference Maker online Application and Agreement that includes valid and accurate personal contact information; (d) review the TheClub.Travel Privacy Policy as found at TheClub.Travel, TheClub.Travel Policies & Procedures (“Policy” or “Policies”), and TheClub.Travel Pay Plan (“Pay Plan”), and review and complete any training materials and/or programs as may be required by TheClub.Travel (e) pay the Start Up Fee ; and (f) not currently hold or previously held any interest in an TheClub.Travel Position (directly or indirectly through a family member, business entity or otherwise) unless you have met the reenrollment criteria in Section 3.5. (See Section 3.5 for additional information and restrictions.) TheClub.Travel will not be responsible for any delay, loss or forfeiture of any payments held pending completion of the application and enrollment process or receipt of required information. By becoming a Difference Maker, and each time you receive and accept a commission or bonus payment, you agree to abide by the then most current terms and conditions of these Policies and Procedures, the Pay Plan, and other applicable policies, agreements or obligations.

TheClub.Travel Members may apply to become a Difference Maker at any time in order to participate in the Pay Plan.

2.2 Accurate Information.

You may not enroll or help anyone else enroll with false, inaccurate, fabricated, misleading, or incomplete information. It is your responsibility to inform TheClub.Travel of any changes to your contact or other personal information. TheClub.Travel will not be responsible for delays and possible loss or forfeiture of Compensation that would otherwise be payable to individuals who have provided false, inaccurate, fabricated, misleading, or incomplete information. TheClub.Travel reserves the right to void or delay any enrollment, including voiding pending orders and payments, pending validation of account information. TheClub.Travel may terminate any Position that is being operated by any person other than the person(s) named on the online Application and Agreement.

2.3 No More than One Position.

You may not have a financial interest or any other interest in more than one Position, even when that Position is held by a separate business entity or another person, except in limited circumstances as officially designated and approved in writing by TheClub.Travel. If you are found working or assisting to work a Position in someone else’s name such Positions may be terminated and the waiting periods in Section 3.5 will apply from the Position’s most recent activity.

2.4 Spouses.

Spouses and significant others may hold separate Positions, provided that they are in the same Line of Sponsorship and one spouse or significant other directly sponsors the other (except in cases where each spouse or significant other owned a Position prior to being married or getting together). Each spouse agrees that the actions of one spouse or significant other may be attributed to the other spouse or significant other and may result in corrective action against both spouses or both significant others.

2.5 Other Special Programs.

From time to time, TheClub.Travel may implement other special programs where Difference Makers who meet the necessary qualifications can apply to operate additional Positions. TheClub.Travel may refuse approval and/or amend or discontinue these programs at any time at its sole discretion.

2.6 Business Entities.

After your enrollment as a Difference Maker, you may request to operate your Position as a business of which you are the authorized representative, and such entity is in good standing in the state of incorporation.

You may make such requests by providing a written request to TheClub.Travel. The request must include: (1) a valid employer identification number (“EIN”); (2) your own valid government-issued tax identification number; and (3) any information requested by TheClub.Travel to verify the existence, ownership, and good standing of the business and your authority to bind the entity to the satisfaction of TheClub.Travel. Even if you successfully add an entity to your account, ultimate responsibility for the account will remain with you. TheClub.Travel may refuse any request or application or terminate any entity account at its sole discretion.

2.7 Independent Contractor.

TheClub.Travel Difference Makers, in whatever form, are independent contractors. You acknowledge and agree that you are not an agent, employee, legal representative or franchisee of TheClub.Travel, your Sponsor(s), or any other Difference Maker. You further understand and agree that you will not be treated as an employee for federal or state tax purposes and will not be treated as an employee for purposes of the Federal Unemployment Act, Insurance Contributions Act or Social Security Act, or any state unemployment laws, state employment security laws, or any state workers compensation laws. You understand and agree that you are responsible for and will pay all federal and state taxes, including income taxes, self-employment taxes, sales taxes, local taxes, and/or local license fees that apply to your activities and Compensation received under the Difference Maker Agreement. As a self-employed independent contractor, you will be operating your own independent business, buying and selling products and services available through and by TheClub.Travel on your own accord. You have complete freedom in determining the number of hours you will devote to your business, and you have the sole discretion of scheduling such hours. TheClub.Travel 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, equipping, and paying for such place of business. As a self-employed independent contractor, you are also responsible for complying with any applicable federal, state, provincial, or local business licensing requirements.

SECTION 3. UNDERSTANDING YOUR THECLUB.TRAVEL POSITION

3.1 Placement of Your TheClub.Travel Position.

When you become a Difference Maker, you will occupy a Position in your Enrolling Sponsor’s Team Placement Tree in accordance with the Pay Plan. The person who enrolled you with TheClub.Travel is your Enrolling Sponsor; the person who occupies the Position immediately above you is your Placement Sponsor (the Enrolling Sponsor and the Placement Sponsor may be the same person). TheClub.Travel will generally recognize the Enrolling Sponsor and Placement Sponsor designated on your Difference Maker Application and Agreement but may re-designate either Sponsor in the event of a dispute. (Although Customers are also assigned Positions in the applicable Marketing Organization for tracking purposes, they do not have a Difference Maker Position and are not eligible to earn commissions unless they become a Difference Maker.)

3.2 Change of Sponsorship or Placement.

To protect the integrity of the Pay Plan and to discourage unethical cross-recruiting practices, TheClub.Travel does not allow sponsorship or placement changes, except in very limited, unique and unusual circumstances. Any request to change sponsorship or placement must be made in writing and sent directly to TheClub.Travel via email to genealogy@theclub.travel. The request initially will be reviewed by the Sales Department and if it is found to warrant further action, will be sent to TheClub.Travel Executive Committee for consideration. The request may be denied at TheClub.Travel’s sole discretion.

3.3 Modifying or Selling Your Position.

You may not modify or sell any Position without the prior express written approval of TheClub.Travel that is dated and signed by an authorized officer of TheClub.Travel. TheClub.Travel may, at its sole discretion, approve or disapprove any modification you propose to make to your Position. Before TheClub.Travel will consider any changes, you must submit a written statement outlining the proposed modification and the reasons for the modification. You may request to sell your Position if: (a) you have actively operated your Position as an Active Difference Maker for the six consecutive months immediately preceding your request; (b) you submit a written notice to TheClub.Travel specifying the proposed terms and conditions of any proposed sale to a bona fide purchaser at least thirty (30) days before you intend to consummate the sale; (c) you are not under any Compliance Department investigation or restriction; and (d) you provide all information, documentation and signatures as may be requested by TheClub.Travel. TheClub.Travel may approve or disapprove of any proposed sale, at its sole discretion, or may opt to purchase the Position from you on substantially the same terms and conditions specified in the notice.

Note: This Section also applies to any attempt to transfer an interest in an entity that holds a Position. Positions held by Members may not be sold or assigned.

3.4 Voluntary Cancellation of Your Difference Maker Contract.

You may cancel your Difference Maker Agreement, (a) at any time by signing and submitting a written request to TheClub.Travel, or (b) by failing or choosing not to engage in any Business Building Activity for six consecutive months. Once your Difference Maker Agreement has been cancelled, you may not reenroll or have a financial interest in another Position except in accordance with the reenrollment policy as provided in Section 3.5. If you wish re-enroll, you must sit out a minimum of six (6) months before re-enrolling.

    1. Reenrolling After Cancellation

To protect the integrity of each TheClub.Travel Position by discouraging individuals from attempting to switch Marketing Organizations, no person who currently holds or has held an interest in a terminated or canceled Position may re-enroll. Customers may re-enroll six (6) months from the date of their termination or cancellation.

Anyone found trying to circumvent this policy in any way, including by attempting to enroll with another TheClub.Travel Marketing Organization prior to their approved reenrollment date, by enrolling under a business entity or a different name, by cooperating with another person or working a business for another person, by operating an account in the name of a spouse or family member, or by engaging in any Qualifying Activities, may be subject to corrective action, repayment of any bonuses or commissions earned in the new Position, denial of reenrollment requests, and/or the termination of his or her Difference Maker Agreement. Anyone who is aware of or complicit in efforts to violate or circumvent this policy is subject to the same corrective action. Knowingly enrolling a Difference Maker who has not waited six (6) months before reenrolling may subject the enroller to suspension and or termination.

Although TheClub.Travel permits spouses to hold separate Positions, they must remain in the same Line of Sponsorship. Therefore, before either spouse can reenroll, both spouses must satisfy the waiting periods applicable to their respective Positions.

3.6 Divorce.

TheClub.Travel will honor a valid divorce decree or settlement agreement with respect to ownership of Positions, provided that the divorce decree, settlement agreement, or other resolution (collectively “Resolution”) does not conflict with the Difference Maker Agreement, these Policies and Procedures or the Pay Plan, . Additionally, the rights pertaining to a single Position cannot be divided so as to provide some rights in the Position to one individual and other rights to another; and any Resolution that purports to so divide or separate the Position will cause the Position to automatically terminate as of the date of any such Resolution.

3.7 Succession.

Upon the death or legal incapacitation of a Difference Maker, all rights to the Difference Maker’s Position may be transferred to a successor as provided in the Difference Maker’s will, trust or other testamentary document or as otherwise ordered by a court of competent jurisdiction or other testamentary process, subject to approval by TheClub.Travel. Within six (6) months after a Difference Maker’s death or incapacitation, the successor(s) must present legitimate verification of death or incapacitation and proof of their right of succession, such as a grant of probate or an enduring power of attorney. The successor must sign and submit a new Difference Maker Agreement and must, in all respects, qualify to enroll as a Difference Maker and be bound by all current and future terms and conditions set forth in the Difference Maker Agreement, these Policies and Procedures, the Privacy Policy, and Pay Plan. If the successor is already a Difference Maker who holds a Position, TheClub.Travel generally will allow the successor to hold both the successor’s original Position and the inherited Position for up to nine (9) months, provided that the successor has appropriately requested to sell or otherwise transfer one of the Positions and such sale or transfer has taken place prior to the expiration of the nine (9) month period. TheClub.Travel may impose additional restrictions and requirements, including maintenance of certain Paid-As Title at its discretion.

If TheClub.Travel determines, at its discretion, that there is no appropriate or qualified successor to provide responsible leadership and support to the deceased or incapacitated Difference Maker’s Marketing Organization, TheClub.Travel may, at its sole discretion, purchase the Position at a fair market value determined by TheClub.Travel. If the successor(s) refuse(s) the purchase request, TheClub.Travel may terminate the Position without remuneration or further obligation.

Note: The requirement to sell or otherwise transfer one of the Positions after nine (9) months does not apply if the successor is the spouse of the deceased Difference Maker. If the Position is to be inherited by more than one (1) successor, the successors should form a single-purpose business entity to hold the transferred Position and must follow all TheClub.Travel instructions concerning its relationship with TheClub.Travel, including designating one person as the contact person and person responsible for the Position. This policy may not be used to circumvent Section 2.3.

SECTION 4. THECLUB.TRAVEL PRODUCTS

4.1 Purchasing TheClub.Travel Products.

No person is required to enroll as a Difference Maker to purchase TheClub.Travel products. TheClub.Travel may adjust the prices of its products or services at any time. Although Difference Makers may be required to achieve certain levels of personal sales to earn Compensation, Difference Makers are not required to purchase any of TheClub.Travel products to become or remain a Difference Maker. Please refer to the Pay Plan for additional details.

4.2 Maximum Purchases.

TheClub.Travel Pay Plan is based on sales of TheClub.Travel products and services to End Consumers. Difference Makers may purchase only that amount of product or services that will be consumed or used by the Difference Maker as a Member and may not purchase multiple Memberships. Currently Members can choose a monthly subscription. They can also purchase a Value Package. The Value package is offered as an added value for those who may travel more than the average consumer. TheClub.Travel prohibits any scheme to purchase products or to enroll new Difference Makers or Members, either directly or through others, for the primary purpose of qualifying any Position for any commission, bonus, Rank advancement, special promotion, contest, or other incentive.

SECTION 5. PROTECTING YOUR BUSINESS

5.1 Confidential Information.

To assist you in building a TheClub.Travel business, and in reliance on your agreement to the terms of this Section, TheClub.Travel may supply you with, or grant you access to, certain reports and other confidential and/or proprietary information that belongs to TheClub.Travel. This information includes, but is not limited to, marketing plans and strategies, products, purchases, pricing, relationships with vendors and suppliers, and the identities of and contact information for TheClub.Travel Difference Makers and Members provided to you in any document or report, and the identities of and contact information for Difference Makers and Members with whom you first became acquainted as a result of your relationship with TheClub.Travel, whether or not they are in your Marketing Organization (collectively, “Confidential Information”).

To protect your business and the businesses of all Difference Makers, you acknowledge and agree that the Confidential Information belongs to TheClub.Travel and must be kept completely confidential for as long as such information is deemed by TheClub.Travel to be confidential. You agree that you will not, directly or indirectly through a third party, use or disclose any Confidential Information for any purpose unrelated to your TheClub.Travel business, whether during the term of your association with TheClub.Travel or thereafter. You acknowledge that the Confidential Information is of such character as to render it unique and that disclosure or use thereof in breach of this policy will result in irreparable damage to TheClub.Travel and its Difference Makers. You recognize and agree that misuse of the Confidential Information cannot be fully compensated through monetary damages. Accordingly, you acknowledge and agree that TheClub.Travel and its Difference Makers will be entitled to injunctive relief to prevent breach of this Section. If any action is taken to enforce this provision or to obtain injunctive relief or recover damages, the prevailing party shall be awarded its costs and expenses, including reasonable attorneys’ fees. You understand and agree that in addition to TheClub.Travel, other Difference Makers may be entitled to seek and obtain injunctive relief and other damages if you violate this provision. You understand and agree that the confidentiality obligations and related remedies will survive the termination or cancellation of your relationship with TheClub.Travel.

5.2 Non-Solicitation.

As a Difference Maker, you are an independent contractor and therefore are not prohibited from participating in other business ventures, even when those business ventures compete directly with TheClub.Travel. However, to protect the integrity of TheClub.Travel business and to support and protect your business interests and those of other Difference Makers, during the term of your relationship with TheClub.Travel and for one (1) year thereafter (collectively, the “Non-Solicitation Period”), you agree that you will not solicit or encourage, directly or indirectly, any Difference Maker or Member to join or work with another network marketing, multi-level marketing, or direct selling company. You further agree that, except as otherwise authorized by TheClub.Travel, during the Non-Solicitation Period, you will not introduce, promote, or sell other business ventures, goods, or services to any Difference Maker or Member.

If you violate this Non-Solicitation provision, the Non-Solicitation Period will be extended by one (1) year from the date of your last solicitation of any Difference Maker or Member. A solicitation includes any direct or indirect attempt to entice or encourage a Difference Maker or Member to consider joining or working with or for another network marketing, multi-level marketing, or direct selling company. A solicitation may include communicating information (including through online and social media postings) about another business venture to any Difference Maker or Member, to the extent a reasonable person would interpret your communication as an attempt to solicit his or her interest in that business venture. For additional information, contact compliance@theclub.travel.

Violation of this provision is grounds for termination of your Position and may also give rise to other claims for unauthorized use of Confidential Information. You acknowledge that a breach of this policy will result in irreparable damage to TheClub.travel and its Difference Makers. You recognize and agree that violations of this policy cannot be fully compensated through monetary damages. Accordingly, you acknowledge and agree that TheClub.Travel and its Difference Makers will be entitled to injunctive relief to prevent breach of this policy. If any action is taken to enforce this policy or to obtain injunctive relief or recover damages, the prevailing party shall be awarded of its costs and expenses, including reasonable attorneys’ fees. You understand and agree that in addition to TheClub.Travel, other Difference Makers may be entitled to seek and obtain injunctive relief and other damages if you violate this provision. You understand and agree that the non-solicitation obligations and related remedies will survive the termination or cancellation of your relationship with TheClub.travel.

5.3 Changing Marketing Organizations.

To protect the integrity of the Pay Plan, and to protect the business interests of each Marketing Organization in TheClub.Travel, no Difference Maker or Member, whether current or former, may move to a different Marketing Organization or change his or her Enrolling Sponsor.

Any attempt to circumvent this policy, including any attempt to conceal an improper reenrollment (for example, by enrolling under someone else’s name or a business entity, submitting false information to TheClub.Travel, or working a business for someone else), is grounds for corrective action against all who had knowledge of or involvement in the improper activity, up to and including monetary fines and termination of their Position(s).

It is also a violation of your Difference Maker Contract to solicit or encourage any Difference Maker or Member to change Marketing Organizations. There are various ways this can happen such as direct solicitation or discrediting another Difference Maker in order to encourage someone to resign and reenroll with another Marketing Organization. Soliciting or encouraging another Difference Maker or Member to change Marketing Organizations may be deemed a violation of this Section even if such Difference Maker or Member waits out the appropriate amount of time under Section 3.5.

5.4 Anti-Manipulation.

TheClub.Travel encourages Difference Makers to do their best to fairly and honorably maximize their opportunity to earn Compensation under the Pay Plan in a legal and ethical manner. To help foster and maintain fairness and a level playing field for all Difference Makers, any attempt to manipulate the Pay Plan is strictly prohibited and is grounds for immediate corrective action, up to and including monetary fines and termination of the involved Position(s). Evidence of manipulation may include, but is not limited to the following:

  • Fictitious enrollments, including enrollments using false or incomplete contact information or identification, or information that cannot be verified using reasonable efforts. To obtain credit for an enrollment, the Enrolling Sponsor must ensure that his or her enrollee provides genuine and accurate information to TheClub.Travel.

  • Gratuitous enrollments, including enrollments of individuals who have little or no interest in TheClub.Travel, other than enrolling as a favor to someone, such as a friend or family member, or in exchange for some other benefit, such as free products or some other form of compensation.

  • Uninformed enrollments, including enrollments of individuals who were not aware of their enrollment, who claim to be involved with TheClub.Travel but who have little or no knowledge about what is going on in their business (indicating that their business is actually being managed by someone else), or individuals who wished to be Members only and were enrolled as Difference Makers.

  • Stacking of enrollments, indicating a coordinated effort where one (1) person or a small group of people strategically place enrollments in a way that benefits, or is intended to benefit, one (1) person or a few people at the expense or to the detriment of others, including the manipulation of the Pay Plan for the purpose of increasing commissions or bonus payouts or qualifying for Rank Advancements under the Pay Plan.

  • Multiple Difference Makers or Members using the same method of payment, the same shipping address, the same email address, the same phone number, and other activities that may indicate manipulation or attempted manipulation.

The Pay Plan is designed to offer an income opportunity and other benefits to those who, among other things, devote the requisite time and effort in pursuing this opportunity. These Policies and Procedures are designed to help protect those efforts and we encourage you to report any suspected manipulative activities to the Compliance Department at compliance@TheClub.Travel.

5.5 Income Claims.

You understand and agree that you will not misrepresent the actual or potential income that may be earned under the Pay Plan. Any representation about earnings must be based on documented facts, placed in the appropriate context, and accompanied by the appropriate disclosures, including the TheClub.Travel Earnings Disclosure Statement.

5.6 Media Interviews and Inquiries.

To protect TheClub.Travel brand and to ensure a consistent and compliant message, TheClub.Travel has determined it is in the best interest of all Difference Makers and Members to have designated company spokespersons handle all communications with the media. Accordingly, TheClub.Travel Difference Makers and Members are not permitted to contact, solicit, respond to, interview with, or otherwise communicate with the media about TheClub.Travel, its products, services, Pay Plan, their TheClub.Travel-experience, or anything else relating to TheClub.Travel, even if they do not mention TheClub.Travel by name, unless they receive prior written consent from TheClub.Travel. It is a violation of this policy to provide any information to the media without prior written approval from TheClub.Travel, regardless of whether the information is positive or negative, accurate or inaccurate. In addition, if a media interview is approved by TheClub.Travel, proper media training may be provided to ensure accurate and successful representation of the company. “Media” is defined broadly to include all traditional news outlets, television and radio shows, and print media, as well as all Internet based journalistic communications, which may include blogs, forums, and bulletin boards relating to journalistic news or similar outlets. All inquiries from the media must be referred to TheClub.Travel at compliance@theclub.travel.com.

5.8 Non-Solicitation of TheClub.Travel Employees.

To protect against conflicts of interest, to help ensure a level playing field for all Difference Makers, and to protect the Company’s investment in developing highly skilled and marketable employees to support all Difference Makers, TheClub.Travel employees are prohibited from becoming TheClub.Travel Difference Makers and from working for TheClub.Travel Difference Makers in any capacity to assist with TheClub.Travel related activities, while employed by TheClub.Travel and for a period of one (1) year following termination of their employment with TheClub.Travel, unless they receive prior written consent from TheClub.Travel. Accordingly, as part of this Non-Solicitation Provision, you agree that you will not solicit or encourage, directly or indirectly, any TheClub.Travel employee to leave his or her employment with TheClub.Travel and you agree not to solicit, enroll, hire or otherwise work with any TheClub.Travel employee during the term of his or her employment with TheClub.Travel and for one (1) year thereafter, without the prior written consent of TheClub.Travel.

SECTION 6. TRADEMARKS, ADVERTISING AND INTERNET USAGE

6.1 TheClub.Travel Trademarks, Copyrighted Materials, and other Intellectual Property.

TheClub.Travel trademarks include the name TheClub.Travel and all variations thereof, as well as the names of all TheClub.Travel products and services and other marks as typically indicated by the use of the “’TM” or “®” symbols. TheClub.Travel trademarks also may include various word combinations relating to TheClub.Travel using the prefix “TheClub”. All TheClub.Travel marketing and sales materials, including audios, videos, websites, posts, print and digital presentations, handouts or books, or other tangible and intangible works of authorship are the copyrighted work of TheClub.Travel.

A Difference Maker may use TheClub.Travel trademarks, copyrighted material, and other intellectual property only with TheClub.Travel’s prior written permission, which may be expressed through general publication (to all Difference Makers) or through a specific writing to one or more Difference Makers. Without limitation, TheClub.Travel may require conformity with specifications, may require that materials that use TheClub.Travel’s trademarks and/or copyrighted materials be sourced from TheClub.Travel or a TheClub.Travel approved supplier, and may otherwise condition use of its trademarks and copyrighted works. Any permission granted by TheClub.Travel shall constitute a limited, non-exclusive, nontransferable and revocable license to use such trademarks and copyrighted works solely in connection with the TheClub.Travel business. You agree that you will not attempt to register any Internet domain name or other registration or application containing a TheClub.Travel trademark and you agree to immediately transfer to TheClub.Travel, upon TheClub.Travel’s request, any Internet domain name or other registration or application containing a TheClub.Travel trademark. This provision shall survive the termination of your relationship with TheClub.Travel.

6.2 Advertising.

TheClub.Travel provides sales tools and other materials that you can use to promote TheClub.Travel products and the income opportunity. Creation of your own materials is discouraged; however, you may use certain other materials, including self- created materials, if and only if you first submit the materials to compliance@theclub.travel for review and the materials have been properly approved. The materials shall not be used prior to receiving written approval from TheClub.Travel corporate. TheClub.Travel may refuse to approve any materials at its sole discretion. All materials you create must be truthful, accurate and not misleading. Any and all statements about the benefits of TheClub.travel products or services or about the TheClub.Travel income opportunity must comply with these Policies and Procedures and applicable laws and regulations.

6.3 Internet Usage and Social Media.

You may use the Internet, including social media, to promote TheClub.Travel products and services and your business provided you do so in a responsible manner. TheClub.Travel provides useful tools and training materials to help you understand how to use the Internet to promote TheClub.Travel in an effective and socially acceptable manner. You understand and agree that you will abide by these Policies and Procedures relating to Internet usage, as may be amended by TheClub.Travel from time to time, and you will not make any inaccurate, exaggerated, or misleading statements about TheClub.Travel or its products, services or income opportunity in any media, including through the use of videos, pictures, or other means.

SECTION 7. ENFORCEMENT OF POLICIES

7.1 Remedies.

To protect the integrity of TheClub.Travel culture and to help maintain a level playing field for all Difference Makers, the Compliance Department helps educate Difference Makers about these Policies and Procedures and actively monitors Difference Makers’ business building activities. If a Difference Maker violates these Policies and Procedures, including TheClub.Travel Code of Ethics, the Difference Maker Agreement terms and conditions, Privacy Policy or other agreements with TheClub.Travel, or engages in any unethical, illegal, fraudulent, or deceptive conduct, or any other violation of any laws, statutes, or ordinances, we may, at our sole discretion, take one or more of the following actions:

  • issue a written advisory;

  • revoke recognition or invitation to a TheClub.Travel event;

  • suspend or revoke access to special privileges, including back office reporting, access to the Difference Maker Back Office, access to social media pages and groups, and other privileges;

  • impose monetary fines or other penalties, which may be withheld from current or future commissions and/or bonus payments;

  • temporarily suspend commissions, bonuses, and other payments;

  • remove the Difference Maker from participation in promotions, bonuses, incentive trips, contests and other non-Pay Plan benefits;

  • temporarily suspend or permanently terminate the Difference Maker’s Position(s) and all rights there to

  • reassign all or part of the Difference Maker’s Marketing Organization;

  • seek compensatory and injunctive remedies, as applicable; and/or

  • take any other action or corrective measures that TheClub.Travel deems appropriate under the circumstances.

You understand and agree that TheClub.travel has the right to withhold payment of all commissions and bonuses during the period that TheClub.Travel is investigating any alleged misconduct. If your Position is terminated due to a breach that occurred prior to the investigation, you will not be entitled to any commissions or bonuses withheld during the investigation period, unless otherwise required by law.

SECTION 8. AMENDMENTS

Upon proper notification, TheClub.Travel may, at its sole discretion, amend the Difference Maker Agreement, the Policies and Procedures, the Pay Plan, Privacy Policy, and any other materials pertaining to your TheClub.Travel business, including any other agreements entered into between you and TheClub.Travel. You understand and agree that you will be bound by the most current versions of the Difference Maker Agreement , the Policies and Procedures, the Pay Plan, and the Privacy Policy, including any updates or revisions since the date of your enrollment, upon any of the following occurrences: (a) completing the enrollment process to become a Difference Maker ; (b) each time you personally enroll a new Difference Maker or Member; and (c) each time you accept commissions or other payments under the Pay Plan.

You will be bound by any amendments upon notification of the amendments through any TheClub.Travel official channels of communication, by emailing you or posting the revisions on TheClub.Travel website (www.TheClub.Travel) and any such changes to the Difference Maker Agreement, the Policies and Procedures, the Pay Plan, Privacy Policy, may be made effective at TheClub.Travel’s election upon the date of execution, or the date of TheClub.Travel’s posting of the amended document, or prospectively to a date specified in the amendment.

Notwithstanding the foregoing the following amendments or modifications to these Policies and Procedures may be made only by way of mutual consent: any amendment or modification (i) to or of section 9.10, or (ii) that extends any of the time periods, or otherwise expands the restrictions applicable to me, in each case contained in Sections 5.2 and 5.8 above. In the event of a change to these the Policies and Procedures requiring mutual consent, TheClub.Travel will deliver email notice to the Difference Maker of such change and the Difference Maker shall have ten (10) days from the receipt of such notice to terminate the Difference Maker Agreement by written notice to TheClub.Travel, failing which, the Difference Maker will be deemed to have consented to the relevant changes and such changes will be immediately effective without any further notice upon the expiration of such ten (10) day period.

These Policies and Procedures shall not be modified or amended except as described herein and no amendment shall apply retroactively.

SECTION 9. GENERAL PROVISIONS

9.1 Scope, Applicability and Interpretation.

These Policies and Procedures govern the relationship between TheClub.Travel and/or any of its subsidiaries and affiliates with any Difference Maker. These Policies and Procedures are incorporated by reference into, and form part of, the Difference Maker Agreement. You understand and agree that TheClub.Travel interpretations of these Policies and Procedures are final and binding. Whenever used in the Difference Maker Contract, including the Policies, the term “including” means “including without limitation”, unless expressly stated otherwise.

9.2 Pay Plan Incorporated by Reference.

The Pay Plan, as may be amended from time to time, is incorporated by reference into these Policies and Procedures and you agree to be bound by the Pay Plan, as the same may be amended by TheClub.Travel from time to time.

9.3 Consent to Use of Personal Information.

In addition to the terms and conditions of the Difference Maker Agreement you are subject to the terms of TheClub.Travel Privacy Policy, which is incorporated as part of these Policies and Procedures.

9.4 Reporting and Resolving Errors.

If you have any questions or believe there has been an error regarding commissions, bonuses, reports, orders, or charges, you must notify TheClub.Travel in writing within thirty (30) days of the date of the purported error in question. TheClub.Travel will not be responsible for errors, omissions or problems not so reported.

9.5 Waiver.

TheClub.Travel never waives its right to insist on compliance (a) with these Policies and Procedures, the Difference Maker Agreement, the Pay Plan, Privacy Policy and other agreements between Difference Makers and TheClub.travel and (b) with the applicable laws governing the conduct of a business and network marketing. This is true in all cases, both specifically expressed and implied, unless an officer of TheClub.Travel who has actual and specific authority to bind TheClub.Travel to such waivers explicitly states in writing that TheClub.Travel waives any of these provisions. In addition, any time TheClub.Travel approves a waiver of any provision, that approval is specific to the single occurrence, unless otherwise stated, and does not extend to any other violation, whether past, present, or future. This provision deals with the concept of “waiver”, and the parties agree that TheClub.Travel does not waive any of its rights under any circumstances short of the written confirmation alluded to above.

9.6 Indemnification.

You agree to indemnify and hold harmless TheClub.Travel, its affiliated entities and their respective officers, managers, directors, employees, beneficial owners, and agents (collectively “TheClub.Travel Indemnitees”) against and from any claim, damage, loss, or liability, including judgments, civil penalties, refunds, attorneys’ fees, court or arbitration costs, or lost business TheClub.Travel Indemnitees incur, arising from any of your actions or inactions that violate your Difference Maker Agreement, including without limitation, the Difference Maker Agreement Terms and Conditions, these Policies and Procedures, the Pay Plan and the Privacy Policy, each as may be amended.

You understand and agree that you are responsible for any verbal or written representations you make regarding TheClub.Travel’s products, services and income opportunity, including the Pay Plan, and you agree you will not make any unauthorized or unlawful representations, express or implied, verbal or nonverbal. You agree to indemnify and hold harmless TheClub.Travel Indemnitees against and from any and all liability including judgments, civil penalties, refunds, attorneys’ fees, court, or arbitration costs or lost business TheClub.Travel incurs as a result of any unauthorized or unlawful representations that you make.

9.7 Exclusion of Damages.

In no event shall any TheClub.Travel officer, director, employee, affiliate, successor, or assignee be liable for any special, punitive, indirect, or consequential damages, for any claims or actions resulting from or arising out of these Policies and Procedures or any other agreement you have entered into with TheClub.Travel, the functionality or operation of any website, or any acts or omissions of any TheClub.Travel party, whether based on contract, tort (including negligence), strict liability, or any other cause of action.

9.8 Severability and Judicial Modification.

If any portion of these Policies and Procedures, or any other agreement you have entered into with TheClub.Travel, is deemed by any arbitrator or court of competent jurisdiction to be invalid or unenforceable, it is your and TheClub.Travel’s mutual intent that the arbitrator or court shall strike or modify the applicable provision only to the extent necessary to make such provision enforceable and enforce the provision as modified. In any event, the remainder of these Policies and Procedures and all other agreements shall remain in full force and effect.

9.9 Survival of Terms.

You understand and agree that each of the provisions of these Policies and Procedures relating to confidentiality, non-solicitation, resale of products, including prohibitions of online sales, arbitration, and other provisions as expressly stated herein will survive the termination of your relationship with TheClub.Travel.

9.10 Arbitration and Governing Law.

PLEASE READ THIS SECTION OF THE AGREEMENT CAREFULLY, AS IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH BINDING ARBITRATION AND INCLUDES CERTAIN WAIVERS, INCLUDING CLASS ACTION, CLASS ARBITRATION AND JURY TRIAL WAIVERS.

A. Dispute Resolution Generally. TheClub.Travel urges Difference Makers to resolve disputes involving other Difference Makers amicably and professionally. TheClub.Travel may in its sole discretion agree to mediate and resolve any inter-Difference Maker dispute, provided that the impacted Difference Makers agree that TheClub.Travel findings and decision are binding. TheClub.Travel will generally not mediate disputes between individuals involved in the same Difference Maker position (for example, between spouses). If a Difference Maker is dissatisfied with TheClub.Travel in any way or has a dispute with TheClub.Travel as to their rights and obligations under the Difference Maker Agreement, the Difference Maker should contact TheClub.Travel at compliance@@theclub.travel so that TheClub.Travel may attempt to resolve the issue. If a Difference Maker is unable to resolve the issue after cooperating in good faith with TheClub.Travel Compliance Department, the dispute shall be resolved as set forth in this Section 9.10.

B. Arbitration

a. If either (i) TheClub.Travel, its affiliates or their respective owners, officers, directors, employees, contractors, consultants, representatives or agents (individually or collectively referred to as “TheClub.travel” for purposes of the Dispute Resolution Provisions) or (ii) a Difference Maker has any legal claim or dispute against the other, including, but not limited to, those arising from or in connection with, or otherwise relating to, the Difference Maker Agreement or the termination hereof, the Difference Maker’s position, services, registration for or participation in any TheClub.Travel event, or TheClub.Travel products or services (each, a “Dispute”), the party initiating the Dispute must first try to contact the other to resolve the Dispute informally in good faith. TheClub.Travel must contact the Difference Maker at the contact number TheClub.Travel has on file for the Difference Maker or write to the Difference Maker at the Difference Maker’s physical or email address listed in the Difference Maker’s Back Office profile. The Difference Maker shall contact TheClub.Travel at Attn: Business Ethics, 8745 Gary Burns Drive, Suite 160-264 Frisco, TX 75034 or by email at businessethics@TheClub.travel.

b. All Disputes (in any case, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory), to the extent not prohibited by Applicable Law, shall be resolved by final and binding arbitration, pursuant to the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”) (available at the following address: https:/www.adr.org/sites/default/files/Commercial%20Rules. pdf or other applicable AAA rules, as in effect at the time of the arbitration, and as modified herein. The Difference Maker may contact the AAA in writing at one of its locations (e.g., The Rotunda, 4201 Congress Street, Suite 125, Charlotte, NC 28209). The Difference Maker may also obtain additional information about the AAA and its procedures from the AAA’s website, at www.adr. org. Notwithstanding the foregoing in this subsection 9.10(B) (b), (i) either the Difference Maker or TheClub.Travel may bring an individual action against the other party in small claims court (or comparable court of competent jurisdiction) so long as the only parties to that action are the Difference Maker and TheClub.Travel and the total value of the claims made in the action is less than the claim limit applicable in the jurisdiction in which the claim is filed, and (ii) nothing herein shall prevent TheClub.travel from enforcing the Difference Maker Agreement, including without limitation taking corrective or remedial action such as deactivation of the Difference Maker’s position, for a violation of the Difference Maker Agreement. Following the contact required in subsection 9.10(B)(a) above and prior to commencing an arbitration proceeding with the AAA, a party seeking to arbitrate any Dispute must send to the other party, via certified mail, a written Notice of Dispute (“Notice”). The Notice to the Difference Maker must be sent by TheClub.Travel to the Difference Maker’s address on file with TheClub.travel. The Notice to TheClub.Travel must be addressed to: TheClub.Travel Difference Maker Services, 8745 Gary Burns Drive, Suite 160-264 Frisco, TX 75034. The Notice must describe (a) the nature and basis of the claim or Dispute; and (b) the specific relief sought. The Difference Maker and TheClub.Travel each expressly agree to attempt to resolve any Dispute by first sending the Notice to the other party prior to initiating or commencing an arbitration proceeding with the AAA.

c. If a Dispute is not satisfactorily resolved within sixty (60) days after the Notice is sent, either party may then commence an arbitration proceeding with the AAA.

d. If the amount involved in the Dispute is less than $20,000, the arbitration will be conducted, at the Difference Maker’s election, (i) in person in the jurisdiction of the last address of the Difference Maker on file with TheClub.Travel, or (ii) by telephonic hearing. If the amount in Dispute is $20,000 or more, the arbitration will be conducted in Dallas, Texas (unless prohibited by Applicable Law, in which case the arbitration will be conducted in person in the jurisdiction of the last address of the Difference Maker on file with TheClub.Travel). Each of the Difference Maker and TheClub.Travel has the right to be represented by an attorney in any arbitration.

e. The number of arbitrators shall be mutually agreed upon by the parties; provided, however, that in event the parties cannot agree on the number of arbitrators, the AAA Rules will control. In all cases, the award of the arbitrator(s) shall be accompanied by a reasoned opinion. Punitive or exemplary damages shall be allowed only to the extent the remedy is expressly available under Applicable Law. Discovery shall consist of interrogatories, document requests, and no more than five depositions of seven hours or less each, per side; provided, however, that the arbitrator(s) may award additional discovery upon motion by either party and a showing of need and/or the inability to pursue or defend claims absent additional discovery.

f. The party initiating the arbitration must pay the applicable AAA filing fee when submitting its written request for arbitration to the AAA. Unless otherwise provided for in the AAA Rules, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between the parties.

g. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees and expenses for witnesses, document production, and evidence presentation. The arbitrator(s) shall have the authority to award the same damages and other relief that would have been available to the parties as individual claimants in court.

h. Any award may be confirmed and enforced in any court of competent jurisdiction. The arbitration will be confidential, and neither the Difference Maker nor TheClub.Travel may disclose the existence, content, or results of the arbitration, except as necessary to conduct the proceedings, to confirm and enforce the award, to its own legal or financial advisors, by agreement, or as may be required by law.

C. CLASS ARBITRATION WAIVER. EACH DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF THE DIFFERENCE MAKER AND THECLUB.TRAVEL SPECIFICALLY AGREE THAT IT MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING. NO CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATIONS ARE PERMITTED EVEN IF ALLOWED UNDER THE APPLICABLE AAA RULES. EACH PARTY AGREES THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING (“CLASS ARBITRATION WAIVER”). EACH OF THE DIFFERENCE MAKERS AND THECLUB.TRAVEL ACKNOWLEDGE THAT THE CLASS ARBITRATION WAIVER IS MATERIAL AND ESSENTIAL TO THE RESOLUTION OF ANY DISPUTE. THEREFORE, IF THE CLASS ARBITRATION WAIVER IS LIMITED, VOIDED, OR OTHERWISE FOUND UNENFORCEABLE, SUCH THAT CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATION IS ALLOWED, THEN THE ENTIRETY OF SUBSECTIONS 9.10(B) ABOVE AND 9.10(F) BELOW (BUT ONLY SUBSECTIONS 9.10(B) ABOVE AND 9.10(F) BELOW) SHALL BE NULL AND VOID, AND IF A PARTY CHOOSES TO PROCEED WITH ITS CLAIM IT MUST DO SO IN COURT PURSUANT TO SUBSECTIONS 9.10(D) AND 9.10(E) BELOW. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS, THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, AND VALIDITY OF THE CLASS ARBITRATION WAIVER AND ANY ATTENDANT QUESTION OR DISPUTE REGARDING THE VOIDANCE OF THE ARBITRATION PROVISIONS SET FORTH IN SUBSECTION 9.10(B) ABOVE, SHALL IN EACH CASE BE DECIDED ONLY BY A COURT AND NOT BY AN ARBITRATOR.

NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THE DIFFERENCE MAKER AGREEMENT TO THE CONTRARY, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, COLLECTIVE, REPRESENTATIVE, GROUP, OR APPLICABLE PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR PRAYERS FOR RELIEF, MAY BE MAINTAINED IN ANY ARBITRATION HELD PURSUANT TO THE DIFFERENCE MAKER AGREEMENT.

D. CLASS ACTION WAIVER. IN THE EVENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, EACH OF THE DIFFERENCE MAKER AND THECLUB.TRAVEL AGREE THAT SUCH DISPUTE WILL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF THE DIFFERENCE MAKER AND THECLUB.TRAVEL SPECIFICALLY AGREE THAT IT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING.

E. JURY TRIAL WAIVER. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, IF NOT PROHIBITED BY APPLICABLE LAW, EACH OF THE DIFFERENCE MAKER AND THECLUB.TRAVEL HEREBY WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW.

F. Delegation to Arbitrator. Except as provided in subsection 9.10(C) above, I acknowledge and agree that the arbitrator(s), and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or validity of these Dispute Resolution Provisions, including without limitation any claim that these Dispute Resolution Provisions are void or voidable.

G. Severability. If any provision contained in these Dispute Resolution Provisions is deemed invalid or unenforceable, such provision shall be modified automatically to the minimum extent necessary to render the parties’ agreement to arbitrate valid and enforceable. If a provision conflicts with a mandatory provision of Applicable Law, the conflicting provision shall be severed automatically and the remainder construed to incorporate the mandatory provision. In the event of such severance or modification, the remainder shall not be affected.

H. Termination. The Dispute Resolution Provisions shall remain in effect even after termination of the Difference Maker Agreement or the termination of the Difference Maker’s business association with TheClub.Travel.

In the event that a dispute or claim arising out of or relating to the Difference Maker Agreement or these Policies and Procedures is not subject to arbitration as set forth above, the laws of the state of Texas shall govern, and the parties agree that proper jurisdiction and venue shall be in the state and federal courts of Texas. In the event of a dispute for jurisdictional purposes, persons residing in Louisiana shall be entitled to file an adjudicatory claim or lawsuit in the jurisdiction of Louisiana and the governing law shall be Louisiana law. If the laws of your place of residence impose any requirement that is different from or in addition to those set forth in these Policies and Procedures, then these Policies and Procedures shall be deemed amended in conformance with those laws as to that jurisdiction only.

SECTION 10. GLOSSARY
Achieved Rank – the highest Rank in which a Difference Maker has qualified within the Pay Plan.

Business Building Activity – enrolling a new Member or Difference Maker, receiving a Compensation payment, advancing in Rank, or participating or completing other business-related activities as may be specified by TheClub.Travel.

Compensation – the commissions, bonuses and other consideration received by a Difference Maker under the Pay Plan or through other incentives or promotions implemented by TheClub.Travel for the sale of its products and services.

Pay Plan – TheClub.Travel Pay Plan, as may be amended from time to time published at www.TheClub.Travel.

Difference Maker – an independent contractor who has met and continues to meet the eligibility requirements set forth in the Difference Maker Agreement, applied to become and been accepted as a Difference and is generally eligible to earn Compensation under the Pay Plan.

Difference Maker Back Office – the online portal through which a Difference Maker has access to information and tools helpful to operate his or her TheClub.Travel business.

Difference Maker Agreement – the agreement between TheClub.Travel and each Difference Maker which includes TheClub.Travel Independent Difference Maker online Application and Agreement Terms and Conditions, TheClub.Travel Policies and Procedures, TheClub.Travel Pay Plan Privacy Policy, and the Business Entity Form (if applicable), all in their current form or as amended by TheClub.Travel from time to time in its sole discretion. These documents, including items incorporated by reference in such documents, may be collectively referred to as and comprise the “Difference Maker Agreement.”

End Consumer – a person who purchases TheClub.Travel products or services and is not a Difference Makers.

Member – an End Consumer, that has applied to become TheClub.Travel Member and has subscribed for a TheClub.Travel product or service for his or her own personal use or the personal use of his or her Immediate Household only, and who has agreed to the Member terms and conditions. Members may not participate in the Pay Plan.

Enrolling Sponsor – the person who is credited for personally enrolling a Member or a Difference Maker.

Line of Sponsorship – the line of Difference Makers above a given Position in a Team Placement Tree.

Marketing Organization – all Members and Difference Makers who are situated below a given Difference Maker in the Difference Maker’s Team Placement Tree and from whose product and service sales the Difference Maker’s Compensation is derived.

Monthly Business Support Fee – the fee that a Difference Maker pays monthly starting in month 2. This allows the Difference Maker to participate in TheClub.Travel Pay Plan, full access to the Difference Maker Back Office and other resources to support the Difference Maker in the building of their business.

Non-Solicitation Period – the period set out in Section 5.2 during which Difference Makers agree not to solicit other TheClub.Travel Difference Makers or Members to join another business venture.

Paid-As Title – The title a Difference Maker is qualified for in each commission period. The Paid-As Title may change with each commission run, but the rank does not.

Placement Sponsor – the Difference Maker under whom an enrolling Difference Maker is placed in the Pay Plan. The Placement Sponsor and the Enrolling Sponsor may be the same person.

Policies and Procedures – these rules and regulations governing the conduct of Difference Makers with respect to their independent TheClub.Travel businesses, including this document, as may be amended by TheClub.Travel from time to time.

Position – (1) the Business Center held by a Difference Maker in the Enrolling Sponsor’s Team Placement Tree for purposes of measuring and tracking product sales and allocating commission payments to Difference Makers based on product sales.

Rank – the title or status that a Difference Maker has achieved pursuant to the Pay Plan.

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Refund Policy

I acknowledge and understand that I may terminate this agreement for any reason, at any time, by giving TheClub.Travel written notice by email to compliance@theclub.travel or by mail to 233 Main Street, Port Washington, NY 11050. If I terminate this Agreement within fourteen (14)days of my application to become a Difference Maker, TheClub.Travel will refund to me the Start Up Fee and any monthly Business Support Fee I have paid in connection with my application and Difference Maker position. I further acknowledge and understand that TheClub.Travel may terminate this agreement pursuant to TheClub.Travel Policies & Procedures or by giving written notice to me in the event that I breech any part of this agreement.
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Difference Maker Agreement: US TERMS AND CONDITIONS

Effective November 9, 2021

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE READ THE DISPUTE RESOLUTION AND ARBITRATION TERMS SET OUT IN SECTION 22 BELOW CAREFULLY.

1. I acknowledge and agree that I have read and understand the TheClub.Travel Difference Maker Agreement between me and TheClub.Travel, LLC, a Delaware limited liability company, and its subsidiaries and affiliates (“TheClub.Travel”), which is comprised of the online application form, these Terms and Conditions, TheClub.Travel Policies & Procedures (including all supplements thereto), TheClub.Travel Pay Plan and the TheClub.Travel Privacy Policy, each of which is hereby incorporated by reference into the Difference Maker Agreement (“Difference Maker Agreement” or the or this “Agreement” (documents published at www.theclub.travel in the Difference Maker back office.). By submitting my online TheClub.Travel Difference Maker application, I agree that I want to become a TheClub.Travel Difference Maker so that I can market the products and services offered by or through TheClub.Travel (“Products”) and participate in TheClub.Travel Pay Plan, and I further agree that I accept, will comply with, and be bound by, the terms and conditions contained in TheClub.Travel Difference Maker Agreement.

2. I acknowledge and agree that the Difference Maker Agreement will become a binding agreement upon myself, and TheClub.Travel and the term of this Agreement will commence, only upon acceptance by TheClub.Travel of my completed application and receipt of payment of my Start Up Fee.

3. I understand that there is no requirement to become a Difference Maker beyond my entering into the Agreement and paying the initial Start Up Fee and monthly Business Support Fee. No other purchase of sales aids, training materials, Products, TheClub.Travel Business Tools (as hereinafter defined) or other services is required to become a Difference Maker and any such purchase by me is strictly voluntary. I understand that earnings as a Difference Maker, including commissions, bonuses or other compensation earned pursuant to TheClub.Travel Pay Plan and advancement to higher qualification levels or ranks thereunder are based solely upon the successful sale of Products to customers, and those customers’ usage of and payment for Products, and that I am not personally obligated to purchase any TheClub.Travel Products.

4. I understand that no compensation is earned for the promotion of TheClub.Travel business opportunity or the sponsorship of new Difference Makers. If I choose to sponsor others to become Difference Makers and participate in TheClub.Travel Pay Plan, I will not receive any compensation whatsoever for the act of sponsoring or recruiting such Difference Makers; rather, I will be compensated based upon the activities of other Difference Makers only to the extent of such Difference Makers’ sales of Products to customers, and those customers’ payment for such Products.

5. I hereby authorize TheClub.Travel to (i) charge the Start Up Fee to my credit or debit card on file with TheClub.Travel (the “Payment Method”); and (ii) automatically charge the Payment Method for each monthly Business Support Fee payment due and payable under this Agreement. I acknowledge and agree that it is my responsibility to ensure the Payment Method remains valid at all times during the term of this Agreement, and that I will provide TheClub.Travel all information necessary to allow TheClub.Travel to charge the Payment Method (or any valid, replacement credit or debit card, which is hereinafter referred to as the Payment Method) for all amounts due and payable by me to TheClub.Travel. I further acknowledge and agree that if the Payment Method expires or otherwise becomes invalid for any reason during the term of this Agreement, then my Difference Maker position will be deactivated, this Agreement will terminate, and I will forfeit all rights under this Agreement, including without limitation the right to receive future compensation.

6. I hereby represent that the information submitted with my Difference Maker online Application is complete, true and correct, and that (i) my primary residence is in the United States, (ii) I am of legal age in my state of residence to enter into legally binding agreements, and (iii) I have legal authority to conduct business and earn income in the United States. I agree to promptly notify TheClub.Travel of any changes to the information submitted by me, including without limitation any changes related to the Payment Method on file. If I am entering into this Agreement on behalf of a corporation, limited liability company, partnership or other entity, I represent that I have the authority to enter into such agreements for the entity, but I nonetheless agree that in addition to such entity, I will be personally responsible for the performance of all the duties and obligations described in this Agreement.

7. This Agreement shall continue indefinitely unless terminated as permitted under this Agreement. I acknowledge and understand that my payment of the Start Up Fee, and the monthly Business Support Fee covers the costs associated with establishing and servicing my TheClub.Travel business, and enables me to conduct and maintain my business status with TheClub.Travel and are in consideration for a variety of services provided by TheClub.Travel at no additional cost to me including, but not limited to, access to and use of reporting tools and alerts, apps, marketing materials and tools, training materials and personal development tools, and back-office support. I further acknowledge that I receive additional, valuable consideration under TheClub.Travel Pay Plan for my agreement to accept any changes thereto. I acknowledge and understand that TheClub.Travel may from time to time modify the monthly Business Support Fee upon written notice to me delivered via email and such modified monthly Business Support Fee will apply immediately and will be charged to the Payment Method on file upon the due date therefor. The provisions of this Agreement which by their nature are intended to survive termination of this Agreement shall so survive, including without limitation the dispute resolution provisions set out in Section 22, all restrictive covenants, and all provisions related to indemnification, confidentiality and data protection.

8. I agree to pay timely for any Products, materials, services, TheClub.Travel Business Tools or other items that I choose to purchase from TheClub.Travel.

9. I agree that, as a Difference Maker, I am an independent contractor for all purposes under applicable federal, state, and local statutes, rules, regulations, directives, ordinances, guidance and other laws (collectively, “Applicable Law”), including, without limitation, the Internal Revenue Code, and all state tax and employment-related laws and regulations. As an independent contractor, I am not an employee, partner, agent, franchisee, or legal representative of TheClub.Travel, its affiliates or of any, supplier, service provider or other party with whom any TheClub.Travel transacts or contracts business (all such parties other than Difference Makers are referred to collectively herein as “TheClub.Travel Providers”), and I am prohibited from presenting or holding myself out as such. I understand that, as a Difference Maker, I am responsible for my own business and I am free to select my own means, methods and manner of operation, and free to choose the hours and location of my activities performed as a Difference Maker, subject to the terms and conditions of this Agreement and Applicable Law. If I employ individuals to perform services for my independent business, I understand that I am responsible for their acts and omissions and for ensuring their compliance with this Agreement and Applicable Law. I understand that I am solely responsible for remitting any taxes, making any reports, and obtaining any licenses, permits, authorizations or insurance required to conduct my business in compliance with this Agreement and Applicable Law. I shall have no power or authority to bind TheClub.Travel, its affiliates or any TheClub.Travel Provider in any way, directly or indirectly, and I will not take any action inconsistent with this limit of authority. I acknowledge that as an independent contractor I am not entitled to holidays, vacations, disability, insurance, pensions or retirement plans, or any other benefits offered or provided by TheClub.Travel or its affiliates to its employees. I acknowledge and agree that I will not be treated as, nor represent myself or anyone I engage in my independent business, as an employee of TheClub.Travel, its affiliates or of a TheClub.travel Provider for any purpose, including for purposes arising under Applicable Law.

10. I acknowledge and understand that I may terminate this Agreement for any reason, at any time, by giving TheClub.Travel written notice by email to compliance@theclub.travel or by mail to 8745 Gary Burns Drive, Suite 160-264 Frisco, TX 75034. If I terminate this Agreement within fourteen (14) days of my application to become a Difference Maker TheClub.Travel will refund to me the Start Up Fee and any monthly Business Support Fee I have paid in connection with my application and Difference Maker position. I further acknowledge and understand that TheClub.Travel may terminate this Agreement pursuant to TheClub.Travel Policies & Procedures or by giving written notice to me in the event that I breach any part of this Agreement.

11. I acknowledge that, as a Difference Maker, I am not guaranteed any income, nor am I assured any profits or success, and I certify that no claims of guaranteed profits or representations of expected earnings that might result from my efforts as a Difference Maker have been made to me by TheClub.Travel, its affiliates or any other Difference Maker. Similarly, I shall not represent, directly or indirectly, that any person may, can, or will earn any stated amount or that any Difference Maker is guaranteed any level of success.

12. I understand that TheClub.Travel Products are offered in different markets on terms and at rates determined by TheClub.Travel or TheClub.Travel Providers, and that the markets where TheClub.Travel Products are offered and the terms, conditions or prices applicable thereto may change from time to time.

13. I agree to keep accurate records regarding my activities as a Difference Maker and, in the process of marketing and promoting TheClub.Travel Products, I will act in a manner consistent with TheClub.Travel Policies & Procedures. I further agree that I shall not engage in or perform any misleading, deceptive or unethical practices, or make any false or misleading statements, regarding TheClub.Travel, or the various relationships between TheClub.Travel, its affiliates, TheClub.Travel Providers, and Difference Makers.

14. I agree to abide by Applicable Law governing the marketing, sale or solicitation of TheClub.Travel Products, including without limitation all applicable anti-spam legislation, and I understand that I will be personally liable for any fines or other expenses incurred by TheClub.Travel, its affiliates or a TheClub.Travel Provider as a result of my failure to do so.

15. I understand that during a TheClub.Travel investigation into a potential violation of this Agreement, or in the event the Payment Method on file becomes invalid for any reason, my Difference Maker position status may be suspended and any compensation which may be otherwise owing to me may be held by TheClub.Travel until final resolution has been achieved. I acknowledge that in the event TheClub.Travel determines that I have violated this Agreement, then TheClub.Travel may, at its option, terminate this Agreement and deactivate my Difference Masker position, in which event I will not be entitled to any compensation of any kind.

16. TheClub.Travel may periodically make available various training and marketing materials, applications, technology, reports, or other physical or virtual items for use in connection with my Difference Maker position that are not included in the monthly Business Support Fee (collectively, “Business Tools”). I acknowledge and understand that I am under no obligation to purchase any Business Tools, or any other materials or services, at any time, but that I will have the option to purchase any materials or services which I may choose. In the event I elect to purchase any of TheClub.Travel Products as a Member, the terms and conditions applicable to the relevant TheClub.Travel Products will govern my purchase and use thereof.

17. I agree that, as a Member, I shall place primary emphasis upon the sale of TheClub.Travel Products to customers, and I acknowledge that I have the right to refer as many personal customers as I wish. I understand that during the term of this Agreement I will be eligible to earn compensation from the sale of TheClub.Travel Products, subject to and in accordance with the current TheClub.Travel Pay Plan. I acknowledge and understand that TheClub.Travel reserves the right to vary or change the terms and conditions of TheClub.Travel Pay Plan at any time, including without limitation those terms and conditions related to eligibility, provided that TheClub.Travel will give me notice of such changes in accordance with the terms and conditions of this Agreement. I further acknowledge and understand that TheClub.Travel may also from time to time make available to me certain incentives outside of TheClub.Travel Pay Plan in connection with certain Product offerings (e.g. promotional incentives), and that such incentives may be subject to separate terms and conditions. I further understand that maintenance of my position as a current Difference Maker until the time of payment of compensation is a condition for earning and receiving such compensation, and I will not be eligible to receive payment of any compensation following the termination or expiration of this Agreement.

18. I agree to indemnify, defend and hold TheClub.Travel, its affiliates, TheClub.Travel Providers, and each of their respective shareholders, directors, officers and employees harmless from and against any and all claims, damages, costs and expenses, including without limitation any attorneys’ fees and court costs, arising out of or in connection with my actions or omissions in the performance of this Agreement. I understand and agree that the indemnity set forth in this Section 18 is in addition to, and not to the exclusion of, my indemnification obligations contained in TheClub.Travel Policies & Procedures.

19. I represent and warrant that I will comply with all terms and conditions contained in the Policies and Procedures relating to the protection of Confidential Information (as defined therein), and to related proprietary or confidential information. I agree that all provisions contained in the Agreement related to the protection and disclosure of Confidential Information shall survive the expiration or termination of the Agreement.

20. IN NO EVENT WILL THECLUB.TRAVEL, ITS AFFILIATES, OR ANY THECLUB.TRAVEL PROVIDER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH ANY CAUSE, INCLUDING BUT NOT LIMITED TO ANY BREACH OF WARRANTY OR ANY DELAY, ACTION, ERROR OR OMISSION OF THECLUB.TRAVEL OR ANY THECLUB.TRAVEL PROVIDER, OR THE DELIVERY, NON-DELIVERY, DISCONTINUATION, OR MODIFICATION OF ANY PRODUCT OR SERVICE BY THECLUB.TRAVEL, ITS AFFILIATES OR A THECLUB.TRAVEL PROVIDER, EVEN IF THECLUB.TRAVEL, ITS AFFILIATES OR THECLUB.TRAVEL PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21. THECLUB.TRAVEL COMPANIES AND THECLUB.TRAVEL PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. EXPRESSLY EXCLUDED ARE ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THECLUB.TRAVEL, ITS AFFILIATES OR A THECLUB.TRAVEL PROVIDER, OR ANY OF THEIR RESPECTIVE AGENTS OR EMPLOYEES, OR ANY DIFFERENCE MAKER, WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY PROVIDED FOR HEREIN.

22. DISPUTE RESOLUTION

PLEASE READ THIS SECTION OF THE AGREEMENT CAREFULLY, AS IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH BINDING ARBITRATION AND INCLUDES CERTAIN WAIVERS, INCLUDING CLASS ACTION, CLASS ARBITRATION AND JURY TRIAL WAIVERS.

A. Dispute Resolution Generally. TheClub.Travel urges Difference Makers to resolve disputes involving other Difference Makers amicably and professionally. TheClub.Travel may in its sole discretion agree to mediate and resolve any inter-Difference Maker dispute, provided that the impacted Difference Makers agree that TheClub.Travel findings and decision are binding. TheClub.Travel will generally not mediate disputes between individuals involved in the same Difference Maker position (for example, between spouses). If a Difference Maker is dissatisfied with TheClub.Travel in any way or has a dispute with TheClub.Travel as to their rights and obligations under the Agreement, the Difference Maker should contact TheClub.Travel by writing to or emailing compliance@theclub.travel so that TheClub.Travel may attempt to resolve the issue. If a Difference Maker is unable to resolve the issue after cooperating in good faith with TheClub.Travel compliance department, the dispute shall be resolved as set forth below in this Section 22.

B. Arbitration

a. If either (i) TheClub.Travel, its affiliates or their respective owners, officers, directors, employees, contractors, consultants, representatives or agents (individually or collectively referred to as “TheClub.travel” for purposes of the Dispute Resolution Provisions) or (ii) a Difference Maker has any legal claim or dispute against the other, including, but not limited to, those arising from or in connection with, or otherwise relating to, the Agreement or the termination hereof, the Difference Maker’s position, services, registration for or participation in any TheClub.Travel event, or TheClub.Travel Products (each, a “Dispute”), the party initiating the Dispute must first try to contact the other to resolve the Dispute informally in good faith. TheClub.Travel must contact the Difference Maker at the contact number TheClub.Travel has on file for the Difference Maker or write to the Difference Maker at the Difference Maker’s physical or email address listed in the Difference Makers Back Office profile. The Difference Maker shall contact TheClub.Travel at Attn: Business Ethics, 8745 Gary Burns Drive, Suite 160-264 Frisco, TX 75034 or by email at compliance@theclub.travel.

b. All Disputes (in any case, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory), to the extent not prohibited by Applicable Law, shall be resolved by final and binding arbitration, pursuant to the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”) (available at the following address: https:/www.adr.org/sites/default/files/Commercial%20Rules. pdf or other applicable AAA rules, as in effect at the time of the arbitration, and as modified herein. The Difference Maker may contact the AAA in writing at one of its locations (e.g., The Rotunda, 4201 Congress Street, Suite 125, Charlotte, NC 28209). The Difference Maker may also obtain additional information about the AAA and its procedures from the AAA’s website, at www.adr. org. Notwithstanding the foregoing in this subsection 22(B) (b), (i) either the Difference Maker or TheClub.Travel may bring an individual action against the other party in small claims court (or comparable court of competent jurisdiction) so long as the only parties to that action are the Difference Maker and TheClub.Travel and the total value of the claims made in the action is less than the claim limit applicable in the jurisdiction in which the claim is filed, and (ii) nothing herein shall prevent TheClub.travel from enforcing the Difference Maker Agreement, including without limitation taking corrective or remedial action such as deactivation of the Difference Maker’s position, for a violation of the Agreement.. Following the contact required in subsection 22(B)(a) above and prior to commencing an arbitration proceeding with the AAA, a party seeking to arbitrate any Dispute must send to the other party, via certified mail, a written Notice of Dispute (“Notice”). The Notice to the Difference Maker must be sent by TheClub.Travel to the Difference Makers address on file with TheClub.travel. The Notice to TheClub.Travel must be addressed to: TheClub.Travel Difference Maker Services, 8745 Gary Burns Drive, Suite 160-264 Frisco, TX 75034. The Notice must describe (a) the nature and basis of the claim or Dispute; and (b) the specific relief sought. The Difference Maker and TheClub.Travel each expressly agree to attempt to resolve any Dispute by first sending the Notice to the other party prior to initiating or commencing an arbitration proceeding with the AAA.

c. If a Dispute is not satisfactorily resolved within sixty (60) days after the Notice is sent, either party may then commence an arbitration proceeding with the AAA.

d. If the amount involved in the Dispute is less than $20,000, the arbitration will be conducted, at the Difference Maker’s election, (i) in person in the jurisdiction of the last address of the Difference Maker on file with TheClub.Travel, or (ii) by telephonic hearing. If the amount in Dispute is $20,000 or more, the arbitration will be conducted in Dallas, Texas (unless prohibited by Applicable Law, in which case the arbitration will be conducted in person in the jurisdiction of the last address of the Difference Maker on file with TheClub.Travel). Each of the Difference Maker and TheClub.Travel has the right to be represented by an attorney in any arbitration.

e. The number of arbitrators shall be mutually agreed upon by the parties; provided, however, that in event the parties cannot agree on the number of arbitrators, the AAA Rules will control. In all cases, the award of the arbitrator(s) shall be accompanied by a reasoned opinion. Punitive or exemplary damages shall be allowed only to the extent the remedy is expressly available under Applicable Law. Discovery shall consist of interrogatories, document requests, and no more than five depositions of seven hours or less each, per side; provided, however, that the arbitrator(s) may award additional discovery upon motion by either party and a showing of need and/or the inability to pursue or defend claims absent additional discovery.

f. The party initiating the arbitration must pay the applicable AAA filing fee when submitting its written request for arbitration to the AAA. Unless otherwise provided for in the AAA Rules, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between the parties.

g. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees and expenses for witnesses, document production, and evidence presentation. The arbitrator(s) shall have the authority to award the same damages and other relief that would have been available to the parties as individual claimants in court.

h. Any award may be confirmed and enforced in any court of competent jurisdiction. The arbitration will be confidential, and neither the Difference Maker nor TheClub.Travel may disclose the existence, content, or results of the arbitration, except as necessary to conduct the proceedings, to confirm and enforce the award, to its own legal or financial advisors, by agreement, or as may be required by law.

C. CLASS ARBITRATION WAIVER. EACH DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF THE DIFFERENCE MAKER AND THECLUB.TRAVEL SPECIFICALLY AGREE THAT IT MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING. NO CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATIONS ARE PERMITTED EVEN IF ALLOWED UNDER THE APPLICABLE AAA RULES. EACH PARTY AGREES THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING (“CLASS ARBITRATION WAIVER”). EACH OF THE DIFFERENCE MAKERS AND THECLUB.TRAVEL ACKNOWLEDGE THAT THE CLASS ARBITRATION WAIVER IS MATERIAL AND ESSENTIAL TO THE RESOLUTION OF ANY DISPUTE. THEREFORE, IF THE CLASS ARBITRATION WAIVER IS LIMITED, VOIDED, OR OTHERWISE FOUND UNENFORCEABLE, SUCH THAT CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATION IS ALLOWED, THEN THE ENTIRETY OF SUBSECTIONS 22(B) ABOVE AND 22(F) BELOW (BUT ONLY SUBSECTIONS 22(B) ABOVE AND 22(F) BELOW) SHALL BE NULL AND VOID, AND IF A PARTY CHOOSES TO PROCEED WITH ITS CLAIM IT MUST DO SO IN COURT PURSUANT TO SUBSECTIONS 22(D) AND 22(E) AND SECTION 24 BELOW. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS, THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, AND VALIDITY OF THE CLASS ARBITRATION WAIVER AND ANY ATTENDANT QUESTION OR DISPUTE REGARDING THE VOIDANCE OF THE ARBITRATION PROVISIONS SET FORTH IN SUBSECTION 22(B) ABOVE, SHALL IN EACH CASE BE DECIDED ONLY BY A COURT AND NOT BY AN ARBITRATOR.

NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THE DIFFERENCE MAKER AGREEMENT TO THE CONTRARY, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, COLLECTIVE, REPRESENTATIVE, GROUP, OR APPLICABLE PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR PRAYERS FOR RELIEF, MAY BE MAINTAINED IN ANY ARBITRATION HELD PURSUANT TO THE DIFFERENCE MAKER AGREEMENT.

D. CLASS ACTION WAIVER. IN THE EVENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, EACH OF THE DIFFERENCE MAKER AND THECLUB.TRAVEL AGREE THAT SUCH DISPUTE WILL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF THE DIFFERENCE MAKER AND THECLUB.TRAVEL SPECIFICALLY AGREE THAT IT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING.

E. JURY TRIAL WAIVER. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, IF NOT PROHIBITED BY APPLICABLE LAW, EACH OF THE DIFFERENCE MAKER AND THECLUB.TRAVEL HEREBY WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW.

F. Delegation to Arbitrator. Except as provided in subsection 22(C) above, I acknowledge and agree that the arbitrator(s), and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or validity of these Dispute Resolution Provisions, including without limitation any claim that these Dispute Resolution Provisions are void or voidable.

G. Severability. If any provision contained in these Dispute Resolution Provisions is deemed invalid or unenforceable, such provision shall be modified automatically to the minimum extent necessary to render the parties’ agreement to arbitrate valid and enforceable. If a provision conflicts with a mandatory provision of Applicable Law, the conflicting provision shall be severed automatically, and the remainder construed to incorporate the mandatory provision. In the event of such severance or modification, the remainder shall not be affected.

H. Termination. The Dispute Resolution Provisions shall remain in effect even after termination of the Difference Maker Agreement or the termination of the Difference Maker’s business association with TheClub.Travel.

In the event that a dispute or claim arising out of or relating to the Difference Maker Agreement is not subject to arbitration as set forth above, the laws of the state of Texas shall govern, and the parties agree that proper jurisdiction and venue shall be in the state and federal courts of Texas. In the event of a dispute for jurisdictional purposes, persons residing in Louisiana shall be entitled to file an adjudicatory claim or lawsuit in the jurisdiction of Louisiana and the governing law shall be Louisiana law. If the laws of your place of residence impose any requirement that is different from or in addition to those set forth in these Terms and Conditions, then these Terms and Conditions shall be deemed amended in conformance with those laws as to that jurisdiction only.

23. RESTRICTIVE COVENANTS

A. For purposes of this Section 23, the following capitalized terms shall have the meanings provided below:

“Customer” means a person or entity that purchases TheClub.Travel Products and includes any Difference Maker that purchases TheClub.Travel Products for their personal use.

“Downline” means, with respect to your Difference Maker organizational hierarchy, all Difference Makers who fall at the first level or below underneath your Difference Maker position.

“Solicit” means, in effect or by intent, to request, recruit, enroll, sponsor, entice, induce, influence, or encourage, in each case in any way and through any means or method (including, without limitation, communications made affirmatively or responsively, directly or indirectly, expressly or implicitly, or personally or through or with one or more third parties). “Solicitation” is the noun form of the verb “Solicit.” Solicitation includes, without limitation, person-to-person meetings, phone calls (e.g. direct phone calls and three-way calls), emails, text messages, chat messages, and social media postings.

B. Customer Non-Solicitation. During the term of this Agreement and for a period of one (1) year after the expiration or earlier termination hereof, I agree that I shall not Solicit any Customer to whom I have successfully marketed TheClub.Travel Products within the immediately prior two (2) years to (i) move their business away from TheClub.Travel, its affiliates,, another Difference Maker, or any TheClub.Travel Provider; or (ii) purchase products that are the same as or similar to any TheClub.Travel Products offered by another provider or distribution channel other than as specifically designated or approved in writing by TheClub.Travel. I acknowledge and agree that all Customers Solicited by a Difference Maker for the promotion or sale of TheClub.Travel Products are deemed to be Customers of TheClub.Travel (or the applicable TheClub.Travel Provider) and not of the Difference Maker, whether or not the Difference Maker originally introduced, procured or brought such Customer to TheClub.Travel or the applicable TheClub.Travel Provider. I further acknowledge and agree that I shall not Solicit Customers for goods or services similar to and competitive with TheClub.Travel Products through any channel other than as specifically permitted in this Agreement or approved in writing by TheClub.Travel.

C. Difference Maker Non-Solicitation. During the term of this Agreement and for a period of one (1) year after the expiration or earlier termination hereof, I agree that I shall not Solicit any Difference Maker to participate, personally or through any entity or other medium, in another multi-level marketing, network marketing, or other direct selling business opportunity. I acknowledge that because direct selling is conducted through networks of independent contractors dispersed across the entire United States and internationally, and business is commonly conducted via the Internet and telephone, any effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, I acknowledge and agree that it is reasonable that the foregoing solicitation prohibition extends to all markets in which TheClub.Travel conduct business.

24. The Difference Maker Agreement, including its formation, construction, interpretation, and enforceability, is governed by and shall be construed in accordance with the law of the State of Texas without regard to its conflicts of law rules. Notwithstanding the foregoing, each of the Difference Makers and TheClub.Travel acknowledge and agree that the relationship between the parties is an interstate commerce transaction and, accordingly, the Dispute Resolution Provisions set forth in Section 22 above, and the interpretation and the enforceability of the Dispute Resolution Provisions, are and shall be governed by the Federal Arbitration Act, notwithstanding any other law to the contrary, and no state law shall apply if and to the extent such state law is preempted by the Federal Arbitration Act. Subject to the foregoing, the substantive law of the State of Texas shall govern the substance of any Dispute arbitrated under the Dispute Resolution Provisions. Further, any court proceedings between a Difference Maker and TheClub.Travel shall be governed by the laws of the State of Texas without regard to its choice of law rules, and such proceedings shall take place in Dallas, Texas; provided, however, that if a Difference Maker brings a small claims action as permitted in subsection 22(B)(b) above, the Difference Maker may do so in the jurisdiction of the Difference Makers address on file with TheClub.Travel. Subject to the arbitration requirements contained in subsection 22(B) above, for any court action brought in a jurisdiction consistent with the foregoing sentence, each of the Difference Makers and TheClub.Travel agrees to submit to the personal and exclusive jurisdiction of such court and waives any objection as to venue or inconvenient forum.

25. I acknowledge and agree that the following amendments or modifications to the Difference Maker Agreement may be made only by way of mutual consent: any amendment or modification (i) to or of the Dispute Resolution Provisions, or (ii) that extends any of the time periods, or otherwise expands the restrictions applicable to me, in each case contained in Section 23 above. In the event of a change to the Difference Maker Agreement requiring mutual consent, TheClub.Travel will deliver email notice to the Difference Maker of such change and the Difference Maker shall have ten (10) days from the receipt of such notice to terminate the Difference Maker Agreement by written notice to TheClub.Travel, failing which, the Difference Maker will be deemed to have consented to the relevant changes and such changes will be immediately effective without any further notice upon the expiration of such ten (10) day period. With the exception of aforementioned changes that require mutual consent, I acknowledge that TheClub.Travel fully reserves its right to amend or modify this Agreement at any time by notifying me of the changes by emailing me or posting the revisions on TheClub.Travel website (www.TheClub.Travel) and any such changes to this Agreement may be made effective at TheClub.Travel’s election upon the date of execution, or the date of TheClub.Travel’s posting of the amended Agreement, or prospectively to a date specified in the amendment. This Agreement shall not be modified or amended except as described herein and no amendment shall apply retroactively.

26. The Difference Maker Agreement constitutes the entire agreement and understanding between me and TheClub.Travel, its affiliates, or any third party regarding the subject matter hereof and supersedes any and all prior or contemporaneous agreements, representations, commitments or understandings, whether oral or written, made by or between TheClub.Travel and me. I acknowledge and agree that I am not relying and have not relied on any oral or written statements or representations made by TheClub.Travel, any TheClub.Travel employee, or any other Difference Maker regarding the subject matter hereof other than those expressly set forth herein. Except as otherwise expressly stated in these Terms and Conditions, in the event of a conflict between the terms and conditions contained in the agreements comprising the Difference Maker Agreement, the following order of precedence shall apply: first, (i) the Dispute Resolution Provisions, then (ii) these Terms and Conditions, then (iii) TheClub.Travel Policies & Procedures, (iv) TheClub.Travel Pay Plan and (v) the Privacy Policy. For purposes of this Agreement, the addresses (physical and email) submitted by me with my Difference Maker application are deemed to be my correct address unless and until I provide to TheClub.Travel notification of a change of address in accordance with TheClub.Travel Policies & Procedures.

27. I understand that I may not assign this Agreement, or any portion thereof, or any of the duties, obligations or liabilities contained herein, without the prior written consent of TheClub.Travel, which consent may be withheld, conditioned, or delayed in TheClub.Travel’s sole discretion. TheClub.Travel may assign this Agreement at any time and without my consent, and upon such assignment TheClub.Travel shall be relieved of any and all duties, obligations, and/or liabilities arising from this Agreement. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and permitted assigns of the parties hereto. Affiliated companies of TheClub.Travel and TheClub.Travel Providers are intended third-party beneficiaries of this Agreement.

28. Subject to the Dispute Resolution Provisions, if any provision of this Agreement is determined by an authority of competent jurisdiction to be invalid or unenforceable in part or in whole for any reason whatsoever, the validity of the remaining provisions or portions thereof shall not be affected thereby and such authority should reform the Difference Maker Agreement to the extent necessary in a manner that comes closest to expressing the intention of the invalid and unenforceable provision while rendering the otherwise unenforceable provision or portion thereof valid and enforceable.

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