Agent Agreement

This document (herein “Agreement”) is between Wynton’s World (herein “WW”) and International Agency (herein “Agency”) for WW’s study abroad programs in Cary, North Carolina, USA. WW and the Agency agree as follows:

Appointment of this Agency as a representative of WW 1.1  Authorization to recruit students

WW authorizes the Agency to recruit students for WW in accordance with the terms and conditions of this Agreement. WW and the Agency agree that this appointment is not exclusive.

1.2 Recruitment of Students

• The Agency agrees to recruit students for WW only by lawful, ethical, and proper means. The Agency agrees that in all recruitment activities, the interests and well-being of the student or prospective student are most important. The Agency agrees to make only true and justifiable claims about WW’s instructional program and other services provided, and to clearly and accurately represent WW in the Agency’s recruiting efforts. (Agency may refer to relevant portions of the NAFSA Code of Ethics at www.nafsa.org)
• The Agency will provide accurate information about WW in all promotional material that the Agency produces or distributes about WW. WW’s website (www.wyntonsworld.com) is the primary promotional tool which WW encourages the Agency to refer prospective students to for more detailed information about WW. If the Agency produces promotional literature about WW’s programs, the Agency agrees to provide WW with copies of these materials on request. Agents are not employees of Wynton’s World. The only title which the Agency may use of itself in printed materials and in connections with Wynton’s World is “representative.” The Agency recognizes that the printed promotional materials prepared by WW (see 2.1 below) may be costly, and agrees to carefully distribute these materials to persons and/or organizations that show a sincere interest in WW programs.
• The Agency may deduct any commission payment due the Agency from payments collected. The Agency will forward the remainder of the payments collected to WW promptly upon receiving these payments. The Agency will inform a student of WW’s actual tuition and fees when this information is requested by the student.
• The Agency may charge a prospective student a fee for costs to the Agency for services provided to the prospective student. The Agency agrees that any such fee will be reasonable and will be communicated to WW if WW requests.
• If a student cancels or withdraws from the admission process prior to the published application/deposit deadline, the Agency agrees to forward the full deposit from WW back to the canceling student, minus any cancellation fees. Application fees are nonrefundable. If a student cancels or withdraws because his or her request for a visa is denied (even after the published application/deposit deadline), the Agency agrees to forward the full deposit from WW back to the canceling student, minus application and any service/cancellation fees. If a student cancels or withdraws after he or she obtains the visa, the Agency will not return any fee to the student. The Agency will release WW from any liability in regard to any claims made by a canceling student against WW for the Agency’s failure to return any tuition fees (i.e., as a result of cancellation fees) kept by the Agency. Any unearned commission as a result of student cancellation will be returned to WW.
• The Agency will not make any agreements on behalf of WW or in any way communicate to a prospective student that the Agency has any authority to legally bind WW. Only WW can decide whether to accept a student applicant. The Agency has no authority to make a contract on behalf of WW to any student, organization, or other entity.
• The Agency may help any prospective student to complete the application for admission to WW, and to gather other required documents for students who are requesting an B2 from WW. The Agency agrees to forward all completed forms and documents to WW. The Agency will inform students that acceptance by WW is made only with the approval of WW, which reserves the right to accept or refuse any prospective student. If the Agency completes an application form on a student’s behalf, the Agency affirms that the Agency has explained the form, WW’s fees, and WW’s Withdrawal and Refund policy to the student.
• The Agency may calculate and accept any applicable fees (herein, “Total Payment”) from a prospective student based upon the current rates published by WW.

Duties of WW

2.1 WW agrees to issue an authorization letter to the agent, giving him non-exclusive rights to represent WW as an agent to recruit students.

2.2 WW agrees to deal with students and with the Agency in lawful, ethical, and proper ways. WW agrees that the interests of the student or prospective student are most important, and WW will present clear, accurate, and complete information about itself to the Agency and to students.

2.3 WW agrees that it will periodically send the Agency a reasonable supply of promotional materials (for example, brochures) and maintain current information on WW’s website (www.wyntonsworld.com). WW agrees that these promotional materials will be given to the Agency free of charge.

2.4 WW agrees to inform the Agency in writing of any changes in fees or services.

2.5 WW agrees that it will consider each application submitted by a prospective student for admission to WW.

2.6 WW agrees to follow up promptly on any questions or requests for information made by or through the Agency.

2.7 WW will interview each student who comes to WW through the Agency in order to monitor the quality of the services provided by the Agency and to ensure that the recruitment and processing of the student has been done lawfully, ethically, and properly. WW invites the Agency to do the same of any students who have been enrolled in WW’s program after having been recruited by the Agency.

2.8 WW agrees to keep confidential all information about the Agency’s operations.

2.9 WW agrees to pay a commission to the agent for each student that the Agency places in WW’s program, according to the following rates:

Program	Commission Rate (USD)
Summer English Programs	125.00

 Termination of Agreement

Either WW or the Agency may terminate this Agreement for any reason with thirty (30) days prior written notice to the other party. Breach of the terms of this agreement by either WW or the Agency allows for immediate written termination of the agreement. If either WW or the Agency terminates this Agreement, WW agrees to pay any money owed to the Agency within thirty (30) days after the termination.

The Agency’s Expenses

Unless otherwise stated in this Agreement, the Agency will be fully responsible for all expenses that it has in carrying out this Agreement.

The Agency’s Agents

 5.1 The Agency may appoint one or more agents to act on its behalf to carry out this Agreement. The Agency agrees that the Agency’s agents will work under the Agency and must follow this Agreement.

5.2 The Agency agrees to supervise and pay its own agents, and to be fully responsible for the actions of its agents. The Agency agrees that WW is not liable for the actions of the Agency’s agents.

Limitation of Liability

Unless otherwise specifically stated in this Agreement, neither WW nor the Agency will be liable for any liability, claims, losses, costs, expenses, injuries, or damages to which the other may be subject as a result of any activities in connection with this Agreement. This does not relieve either WW or the Agency from liability for its own actions.

Use of the Wynton’s World Agent logo

Wynton’s World Agents may use the logo in the following ways:

• The sticker will be displayed on the door (or window) of the front of the office.
• The logo will be printed on the Agent’s brochure
• The logo will be used on the Agent’s website and will be linked to Wynton’s World  www.wyntonsworld.com

Wynton’s World Missions

From time to time a Wynton’s World representative will visit your country to hold a ‘mission’. This is a workshop for Wynton’s World and agents. As a Wynton’s World Agent you are required to attend.

Wynton’s World Agent review

Wynton’s World aims to increase student bookings. After an initial period we will ask you to provide proof of which you have booked students. We will discuss whether it is possible to increase student weeks and overall business with Wynton’s World in the future. Wynton’s World will invite feedback from you about Wynton’s World.

Both parties will have the chance to decide whether it is in Wynton’s World and your interest to remain a Wynton’s World Agent. If either party decides that it is no longer beneficial then steps to remove the Wynton’s World logo from your publicity must be taken.

Legitimate complaints

Legitimacy is based on the offer as expressed in the brochure or website or any other written documentation sent to a client and available as evidence. Wynton’s World reserves the right to update this agreement from time to time.

Wynton Mann, President, Wynton’s World