Partner Agreement

2.1 The Partner is an independent contractor of Yume. Nothing in this Agreement shall be construed to create an employment, partnership, joint venture, or agency relationship between the Partner and Yume. The Partner is not an employee, partner, or joint venturer of Yume, and shall not represent itself as such.

2.2 Yume acts as a disclosed agent and limited payment collection agent on behalf of the Partner. Yume facilitates Bookings and collects payment from Travelers on behalf of the Partner, but Yume is not a party to the underlying contract between the Partner and the Traveler for the provision of the Experience.

2.3 The Partner retains sole responsibility for the delivery, quality, safety, and legality of all Experiences it offers through the Platform. Yume does not control, direct, or supervise the Partner's operations, staffing, or business practices.

2.4 Nothing in this Agreement creates an employment, partnership, or joint venture relationship between the parties. Each party is responsible for its own taxes, insurance, and business expenses.

3.1 To apply for the Yume partner program, you must submit an application through the Platform. Yume reviews every application personally and evaluates applicants based on the quality, authenticity, and uniqueness of their Experiences, as well as their alignment with Yume's standards of curation.

3.2 Yume reserves the right to approve or reject any partner application at its sole discretion, without obligation to provide reasons for rejection. Acceptance into the partner program is selective and based on Yume's assessment of quality and authenticity.

3.3 Once accepted, the Partner may be required to provide additional information or documentation, including but not limited to: identity verification, proof of relevant qualifications or certifications, business registration documents (if applicable), and tax identification information.

3.4 To receive Payouts for Bookings, the Partner must complete onboarding with Stripe Connect, Yume's payment processing partner. By completing Stripe Connect onboarding, the Partner agrees to be bound by the Stripe Connected Account Agreement, which may be modified by Stripe from time to time. Yume is not responsible for the actions, policies, or terms of Stripe.

3.5 The Partner must provide and maintain accurate, current, and complete information in its account at all times. Failure to do so may result in suspension or termination of the Partner's account and access to the Platform.

4.1 The Partner is solely responsible for the accuracy, completeness, and legality of all Experience listings it publishes on the Platform, including but not limited to: descriptions, pricing, availability, images, inclusions, exclusions, meeting points, physical or age requirements, cancellation policies, and any other terms or restrictions applicable to the Experience.

4.2 All Experience listings must comply with applicable local, national, and international laws and regulations, including consumer protection laws, advertising standards, and anti-discrimination laws. The Partner shall not list any Experience that is illegal, fraudulent, misleading, or harmful.

4.3 Yume curates Experiences on the Platform to maintain standards of quality and authenticity. Yume reserves the right to review, edit, suggest modifications to, suspend, or remove any Experience listing at any time and without prior notice if Yume determines, in its sole discretion, that the listing does not meet Yume's curation standards, violates this Agreement, applicable law, or Yume's content policies.

4.4 The Partner represents and warrants that it has all necessary rights, licenses, and permissions to submit all content included in its listings, including text, photographs, videos, logos, and other materials. The Partner shall not submit content that infringes the intellectual property rights, privacy rights, or other rights of any third party.

4.5 The Partner acknowledges that Yume does not verify the accuracy of listing information and that Yume shall not be liable for any errors, omissions, or misrepresentations in Partner listings.

5.1 Yume charges a platform service fee (Commission) on each Booking, which is deducted from the gross booking amount before Payout to the Partner. The Commission rate is determined by the Partner's assigned tier level as set forth in the Partner's dashboard on the Platform.

5.2 Yume operates a tiered Commission structure. The Partner's applicable Commission rate is based on the Partner's assigned tier, which is determined by Yume and displayed in the Partner's dashboard. New Partners are assigned a default tier upon acceptance into the program. The current Commission rates for each tier are available for review at any time in the Partner dashboard.

5.3 Yume may adjust the Partner's tier assignment from time to time based on performance metrics, booking volume, quality ratings, Traveler feedback, compliance history, and other criteria determined by Yume at its sole discretion. Changes to tier assignments will be communicated to the Partner via email or Platform notification.

5.4 The Partner's current tier level, applicable Commission rate, and fee schedule are visible in the Partner dashboard on the Platform. The Partner is responsible for reviewing its current fee schedule regularly.

5.5 Yume reserves the right to modify the Commission structure, tier levels, or fee rates at any time with thirty (30) days' prior written notice to the Partner. Continued use of the Platform after the effective date of any fee change constitutes acceptance of the updated fees.

6.1 Payouts for confirmed Bookings are processed through Stripe Connect. The Payout amount is calculated as the gross booking amount less the applicable Commission, Stripe processing fees, and any adjustments for refunds, chargebacks, or other deductions.

6.2 Payout schedule options are available based on the Partner's preference and may include: immediate, daily, weekly, monthly, or manual payouts. The Partner may configure its payout schedule through its Stripe Connect dashboard, subject to availability based on tier level.

6.3 For Partners utilizing immediate payouts, the percentage of the booking amount available for immediate payout is determined by the Partner's assigned tier level, as set forth in the Partner's dashboard on the Platform. Higher-tier Partners may be eligible for a greater percentage of the booking amount as an immediate payout. The remaining balance, if any, is disbursed according to the Partner's standard payout schedule.

6.4 Minimum payout thresholds may apply depending on the Partner's payout method and currency. Payouts below the minimum threshold will be held and accumulated until the threshold is met.

6.5 Yume reserves the right to hold, delay, or withhold Payouts if Yume reasonably suspects fraud, policy violations, pending disputes, chargebacks, or any other circumstances that may give rise to liability for Yume or Travelers. Yume will notify the Partner of any such hold and the reasons therefor, to the extent permitted by law.

6.6 The Partner is solely responsible for all fees charged by Stripe in connection with payment processing and Payouts, including but not limited to transaction fees, currency conversion fees, and payout fees. These fees are deducted automatically from the Payout amount.

6.7 Payouts will not be processed until the Partner has completed all required Stripe Connect onboarding and verification steps. Yume is not liable for any delays in Payouts caused by Stripe, the Partner's financial institution, or the Partner's failure to complete required verification.

7.1 The Partner retains full authority to set and adjust prices for its Experiences on the Platform. All prices must be inclusive of any mandatory fees, taxes, or surcharges, unless otherwise clearly disclosed in the listing.

7.2 Yume expects the Partner to maintain competitive pricing on the Platform. Prices for Experiences listed on the Platform should not exceed the prices offered for the same or substantially similar Experiences on the Partner's own website, direct booking channels, or other third-party platforms.

7.3 Yume reserves the right to display sale prices, promotional pricing, or discounted rates for the Partner's Experiences on the Platform, provided that such promotional pricing is conducted with the Partner's prior consent. Any promotional pricing arrangement will be agreed upon separately between Yume and the Partner.

7.4 Currency conversions displayed on the Platform are provided as estimates only, based on prevailing exchange rates at the time of display. Actual charges may vary due to exchange rate fluctuations, and the Traveler's bank or payment card issuer may apply its own exchange rate and fees. Yume is not responsible for any differences between displayed and actual amounts.

8.1 The Partner must establish and clearly display a cancellation policy for each Experience listing on the Platform. The Partner is obligated to honor the cancellation policy as stated in the listing at the time of the Traveler's Booking.

8.2 Refunds to Travelers are processed through Yume and deducted from the Partner's Payout balance or future Payouts. The Partner authorizes Yume to process refunds in accordance with the Partner's stated cancellation policy and the terms of this Agreement.

8.3 In the event of a chargeback initiated by a Traveler through their payment provider, the chargeback amount, together with any associated fees or penalties, will be deducted from the Partner's Payout balance or future Payouts. The Partner bears full financial responsibility for chargebacks resulting from Partner error, non-performance, misrepresentation, or failure to deliver the Experience as described.

8.4 Yume may issue refunds on behalf of the Partner, without the Partner's prior consent, in cases of: (a) non-performance by the Partner, including failure to deliver the Experience as described; (b) material misrepresentation in the Experience listing; (c) safety concerns; or (d) other circumstances where Yume reasonably determines that a refund is warranted to protect Travelers or the integrity of the Platform. The refund amount will be deducted from the Partner's Payout balance or future Payouts.

8.5 The Partner agrees to cooperate with Yume in resolving any Traveler complaints, refund requests, or chargeback disputes in a timely and professional manner.

9.1 The Partner acknowledges that Yume operates a curated marketplace and that all Experiences on the Platform are expected to meet Yume's standards of quality, authenticity, and Traveler satisfaction.

9.2 The Partner agrees to deliver Experiences that are consistent with the descriptions, images, and representations in its listings. Travelers should receive the Experience as described or better.

9.3 Yume may periodically review Partner Experiences based on Traveler ratings, reviews, feedback, and other quality indicators. If a Partner's Experiences consistently fall below Yume's quality standards, Yume may take corrective action including but not limited to: requiring improvements, reducing listing visibility, suspending listings, or removing the Partner from the program.

9.4 The Partner is encouraged to maintain open communication with Yume regarding any changes to Experiences, availability, or circumstances that may affect the quality of the Traveler experience. Proactive communication is valued and may be considered in quality assessments.

10.1 By submitting Partner Content to the Platform, the Partner grants Yume a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display such Partner Content in connection with the Platform, Yume's business operations, marketing, and promotional activities.

10.2 This license survives termination of this Agreement with respect to Partner Content that was published on the Platform during the term of this Agreement. Yume will use reasonable efforts to remove or cease active use of Partner Content within a reasonable period following termination, but cached, archived, or third-party-distributed copies may persist.

10.3 Yume may sublicense Partner Content to its marketing partners, distribution partners, affiliates, and third-party platforms for the purpose of promoting and distributing the Partner's Experiences.

10.4 The Partner retains ownership of its Partner Content, but represents and warrants that it has all necessary rights, licenses, and permissions to grant the license described in this section, and that the Partner Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party.

11.1 The Partner must obtain and maintain all necessary licenses, permits, certifications, and registrations required to operate and provide the Experiences listed on the Platform, in accordance with applicable local, national, and international laws and regulations.

11.2 The Partner must comply with all applicable laws, regulations, and industry standards, including but not limited to: consumer protection laws, advertising and marketing regulations, health and safety standards, environmental regulations, anti-discrimination laws, anti-money laundering (AML) regulations, and sanctions compliance.

11.3 The Partner shall adhere to responsible tourism practices, including respect for local communities, cultural heritage, wildlife, and the environment. Yume reserves the right to remove Experiences that Yume determines, in its sole discretion, are inconsistent with responsible tourism principles.

11.4 The Partner must carry and maintain adequate liability insurance covering all Experiences offered through the Platform, including but not limited to general liability insurance and any other insurance required by applicable law. Insurance coverage must be sufficient to cover claims arising from personal injury, property damage, death, or other losses that may occur in connection with the Partner's Experiences.

11.5 The Partner must provide proof of insurance to Yume upon request. Failure to maintain adequate insurance coverage may result in suspension or termination of the Partner's account on the Platform.

12.1 When a Traveler makes a Booking, certain personal information (such as name, email address, phone number, and booking details) may be shared with the Partner to facilitate the delivery of the Experience. The Partner acts as a separate and independent data controller for the Traveler personal information it receives in connection with Bookings.

12.2 The Partner must comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) for personal data of individuals in the European Economic Area and the United Kingdom, the California Consumer Privacy Act (CCPA) for personal information of California residents, and any other applicable privacy laws in the jurisdictions in which the Partner operates or from which it receives Traveler data.

12.3 The Partner must implement and maintain appropriate technical and organizational security measures to protect Traveler personal information against unauthorized access, disclosure, alteration, destruction, or loss.

12.4 The Partner shall not use Traveler personal information for any purposes unrelated to the booked Experience without the express consent of the Traveler. The Partner shall not sell, rent, or share Traveler personal information with third parties except as necessary to fulfill the booked Experience or as required by applicable law.

12.5 In the event of a data breach affecting Traveler personal information, the Partner must notify Yume within forty-eight (48) hours of becoming aware of the breach. The notification must include a description of the nature of the breach, the categories and approximate number of affected individuals, the likely consequences, and the measures taken or proposed to address the breach.

13.1 The Partner shall indemnify, defend, and hold harmless Yume, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and costs of litigation) arising out of or relating to:

• The Partner's Experiences, including any personal injury, death, property damage, or other loss occurring in connection with an Experience.
• Partner Content submitted to the Platform, including claims of intellectual property infringement, defamation, or violation of privacy rights.
• Any breach of this Agreement by the Partner or its employees, contractors, or representatives.
• Any violation of applicable law, regulation, or third-party rights by the Partner.
• The Partner's negligence, gross negligence, or willful misconduct.
• Any claims, demands, or actions brought by Travelers or third parties in connection with the Partner's Experiences, listings, or operations.

13.2 The Partner's indemnification obligations under this section are uncapped and shall survive the termination or expiration of this Agreement.

13.3 Yume shall promptly notify the Partner of any claim for which indemnification is sought and shall provide reasonable cooperation in the defense of such claim. The Partner shall not settle any claim without Yume's prior written consent if the settlement would impose any obligation on Yume or admit liability on Yume's behalf.

14.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YUME'S TOTAL AGGREGATE LIABILITY TO THE PARTNER ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, OR THE SERVICES PROVIDED HEREUNDER SHALL NOT EXCEED THE TOTAL PLATFORM FEES (COMMISSIONS) COLLECTED BY YUME FROM THE PARTNER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14.2 IN NO EVENT SHALL YUME, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO THE PARTNER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

14.3 THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YUME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

14.4 Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that applicable law does not allow to be excluded or limited.

15.1 Either party may terminate this Agreement by providing the other party with thirty (30) days' written notice. Notice may be delivered by email to the address associated with the Partner's account or, in the case of notice to Yume, to admin@getyume.com.

15.2 Yume may terminate this Agreement and the Partner's access to the Platform immediately, without prior notice, in the event of: (a) material breach of this Agreement by the Partner; (b) fraud or suspected fraud by the Partner; (c) illegal activity conducted through or in connection with the Platform; (d) repeated policy violations; (e) conduct that Yume reasonably determines poses a risk to Travelers, the Platform, or Yume's reputation; (f) failure to maintain required licenses, permits, or insurance; or (g) consistent failure to meet Yume's quality and curation standards.

15.3 Upon termination of this Agreement, regardless of the reason for termination: (a) all outstanding Bookings that have been confirmed prior to the termination date must be honored by the Partner in full; (b) pending Payouts are subject to a resolution period during which Yume may withhold funds to resolve outstanding disputes, chargebacks, refund obligations, or other liabilities; (c) the Partner must immediately cease all use of Yume's name, trademarks, logos, and other intellectual property; and (d) the Partner's listings will be deactivated and removed from the Platform.

15.4 Yume may withhold final Payouts for a period of up to one hundred eighty (180) days following termination to account for potential chargebacks, refunds, or other adjustments. Any remaining balance will be disbursed to the Partner after the resolution period, less any amounts owed to Yume or Travelers.

15.5 Handling of data following termination shall be governed by Yume's Privacy Policy and applicable law. Yume may retain certain data as required by law or for legitimate business purposes.

15.6 Sections of this Agreement that by their nature should survive termination shall survive, including but not limited to: Definitions, Content License, Indemnification, Limitation of Liability, Data Protection, Governing Law and Dispute Resolution, and any accrued payment obligations.

16.1 Yume reserves the right to update, modify, or replace this Agreement at any time. When Yume makes changes to this Agreement, Yume will provide the Partner with at least thirty (30) days' prior notice via email to the address associated with the Partner's account or through a notification on the Platform.

16.2 The Partner's continued use of the Platform after the effective date of any modifications constitutes the Partner's acceptance of the updated Agreement. If the Partner does not agree with the modifications, the Partner must terminate this Agreement before the effective date of the changes by providing notice in accordance with Section 15.1.

16.3 Material changes to this Agreement will be clearly highlighted in the notification provided to the Partner. Yume will update the "Last Updated" date at the top of this Agreement to reflect the date of the most recent revision.

17.1 This Agreement is governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

17.2 In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the Partner's use of the Platform, the parties agree to first attempt to resolve the dispute informally for a period of thirty (30) days following written notice of the dispute from one party to the other.

17.3 If the dispute is not resolved through informal resolution, the parties agree that the dispute shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California, United States, unless the parties mutually agree to another location or to virtual proceedings.

17.4 Class Action Waiver. To the fullest extent permitted by applicable law, the Partner agrees that any arbitration or legal proceedings shall be conducted only on an individual basis and not as a class action, collective action, or representative proceeding. The Partner waives any right to participate in or bring claims as a member of any class or in any consolidated or representative proceeding.

If you have questions, concerns, or feedback about this Partner Agreement, please contact us:

• Email: admin@getyume.com
• Website: getyume.com

For legal inquiries or to serve legal process, please send correspondence to the email address above with the subject line "Legal Notice."