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IF YOU RESIDE IN, OR THE ORGANIZATION YOU ARE ACTING FOR IS ESTABLISHED IN, THE UNITED STATES, PLEASE NOTE: THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER CONTAINED IN THE AIRBNB TERMS OF SERVICE APPLY TO ANY DISPUTE RELATING TO THESE ADDITIONAL TERMS.
Your use of the Superhost Ambassador services are subject to your acceptance of these additional terms of service (“Superhost Ambassador Terms”).
These Superhost Ambassador Terms supplement the Airbnb Terms of Service (“Terms”), and, except as explicitly stated herein, the Terms apply in full to all users of the Superhost Ambassador Program services. All capitalized terms not defined here have the meaning given to them in the Terms. Nothing in these Superhost Ambassador Terms shall be construed to amend or contradict the Terms unless explicitly stated. If there is a conflict between the Terms and these Superhost Ambassador Terms, these Superhost Ambassador Terms control to the extent of the conflict.
Overview. Airbnb maintains an ambassador program in select locations that provides a venue for qualifying experienced Hosts (“Superhost Ambassadors”) to connect with new Hosts and receive rewards from sharing their experiences with new Hosts, providing education and guidance on how to leverage the Airbnb Platform tools, and how to list your space.
1. To Become a Superhost Ambassador. To register as a Superhost Ambassador, you must provide the information requested during the sign up process and demonstrate that you meet certain criteria set out in the applicable Superhost Ambassador Program pages, dashboards, communications related to the Superhost Ambassador Program, or other supplemental terms (collectively, “Program Materials”).
2. Independence of Superhost Ambassadors. As a Superhost Ambassador, your relationship with Airbnb is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Airbnb. Airbnb does not direct or control your Services, and you agree that you have complete discretion whether and when to provide service to Hosts. You must not misrepresent your relationship with Airbnb or imply any affiliation with Airbnb beyond your limited role as a Superhost Ambassador, and you are not authorized to make any representations, contracts, or commitments on behalf of Airbnb.
3. Confidentiality. Superhost Ambassadors must keep confidential all data that Airbnb or the Hosts share with you, including data related to the new Hosts they provide services to. You are responsible for handling and using personal data of Members and others in compliance with applicable privacy laws and the Terms.
4. Program Rewards. The Reward for completion of a stay or other action, and any limits or restrictions, are set out in these terms or the Program Materials (an “Eligible Stay”). In addition to any restrictions in the Program materials, all stays at a new Host’s listing must take place within one year of the match between the Superhost Ambassador and the new Host in order to qualify as an Eligible Stay. Airbnb will determine, in its sole discretion, whether the Program requirements have been satisfied and whether any Rewards are due. Reward payments are made using the payment information provided by the participating Superhost Ambassador, via Airbnb Payments. Payments are made in the currency selected by the Superhost Ambassador, or according to the payout method selected if different. In order to receive Reward payments under this program, you must meet all Superhost Ambassador criteria at the time you qualify for the Reward.
5. Taxes. Superhost Ambassadors are solely responsible for all taxes payable on the payouts received from the Superhost Ambassador Program. Tax regulations may require us to collect and/or report appropriate tax information from Superhost Ambassadors that participate in our Superhost Ambassador Program, or to withhold taxes from payouts, or both. Superhost Ambassadors are solely responsible for keeping the information in their tax forms current, complete and accurate. You understand and agree that you are solely responsible for determining for your jurisdiction (i) the applicable tax reporting requirements (ii) the taxes that should be paid and (iii) any special self-registration requirements. You are also solely responsible for all taxes, including, but not limited to, income, sales and use, VAT, and GST, on the payouts earned from the Superhost Ambassador Program. Airbnb cannot and does not offer tax-related advice to you. Where applicable, or based upon request, we may request that you issue a valid VAT invoice to Airbnb. Airbnb may at any time, and on written notice to the Superhost Ambassadors, elect to adopt Self Billing (or similar process) in place of the Superhost Ambassadors providing VAT invoices. Airbnb is under no obligation to adopt Self Billing and may choose to implement Self Billing in countries where available. “Self Billing” is when a VAT registered customer assumes responsibility for issuing their supplier’s VAT invoices.
New Host Terms.
6. Superhost Ambassador Program Services and No Endorsements. While we hope that the Superhost Ambassador services will be mutually beneficial to Hosts and Superhost Ambassadors, we do not endorse any Superhost Ambassador. We do not train, control, employ, are not affiliated with, and are not responsible for any Content or guidance provided by Superhost Ambassadors. You expressly acknowledge and agree that we are in no way responsible for the services provided by Superhost Ambassadors. Airbnb does not guarantee that the Content or guidance provided by the Superhost Ambassadors is accurate, will be helpful, or will result in increased bookings or earnings.
7. Restrictions. Superhost Ambassadors should not suggest specific pricing for new Hosts’ Listings, advise new Hosts on how much they may earn, publish listings on behalf of new Hosts, or provide legal advice, including advice on local permitting or licensing requirements. Hosts and Superhost Ambassadors are solely responsible for understanding and complying with any laws, rules, regulations, licensing requirements, and contracts with third parties that apply to the services you provide or receive under this program. If you have questions about how local laws apply you should always seek legal advice.
8. Indemnity. To the maximum extent permitted by applicable law, you agree to release, defend (at Airbnb’s option), indemnify, and hold Airbnb (including Airbnb Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Superhost Ambassador Terms, (ii) your interaction with any Member, Host, or Superhost Ambassador, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, or (iii) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. If your country of residence is within the European Economic Area or the United Kingdom, this indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
9. Limitation of Liability. AIRBNB (INCLUDING ITS AFFILIATES AND PERSONNEL) WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRBNB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AIRBNB'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE SUPERHOST AMBASSADOR TERMS OR YOUR USE OF AIRBNB’S SERVICES, EXCEED ONE HUNDRED DOLLARS (USD $100).
THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND AIRBNB. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. DISCLAIMERS. IF YOU CHOOSE TO USE THESE SERVICES, YOU DO SO AT YOUR SOLE RISK. THE SUPERHOST AMBASSADOR PROGRAM IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AIRBNB IS NOT RESPONSIBLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUPERHOST AMBASSADOR. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
HOSTS AND SUPERHOST AMBASSADORS ARE SOLELY RESPONSIBLE FOR ALL OF THEIR COMMUNICATIONS AND INTERACTIONS WITH EACH OTHER AND WITH OTHER PERSONS WITH WHOM THEY COMMUNICATE OR INTERACT AS A RESULT OF THEIR USE OF THE SUPERHOST AMBASSADOR PROGRAM. HOSTS UNDERSTAND THAT AIRBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF THE SUPERHOST AMBASSADORS OR TO REVIEW THEIR CONTENT OR SERVICES. HOSTS AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH THE SUPERHOST AMBASSADORS, INCLUDING IN REGARD TO VERIFYING THE ACCURACY OF THE CONTENT PROVIDED BY THE SUPERHOST AMBASSADOR. AIRBNB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF THE SUPERHOST AMBASSADORS.
11 Termination. You may terminate this agreement by sending us an email, or by deleting your account. Airbnb may terminate this agreement, or your participation in the Superhost Ambassador Program, for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Airbnb may also terminate this agreement immediately and without notice if you materially breach this agreement and/or the Terms, Additional Legal Terms, Policies, Standards, you violate applicable laws, or we reasonably believe termination is advisable to protect Airbnb, its Members or third parties. Airbnb reserves the right to any remedy, including disqualifying you from participation in the Superhost Ambassador Program and/or non-payment of Rewards, if we suspect or determine, in our sole discretion, that you have committed fraud, tampering, or violated these Superhost Ambassador Terms or our Terms of Service.
12. Miscellaneous Provisions:
12.1 Contracting Entity. You are contracting with the same Airbnb entities indicated in the Terms and Payment Terms.
12.2 Modification. Airbnb reserves the right to modify these Superhost Ambassador Terms at any time in accordance with the Terms. Airbnb may modify, discontinue or suspend an offer, the Superhost Ambassador Program, or any Program Materials, at any time for any reason.
12.3 Severability. If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining.
12.4 Survival. Unless you reside in the European Economic Area or Switzerland, if you or we terminate these Superhost Ambassador Terms, the clauses of these Superhost Ambassador Terms that reasonably should survive such termination will remain in effect.
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