Escapia Referral Program | Vacation Rental Management

HomeAway Software, Inc. (d/b/a Escapia) (“we” or “Escapia”) is offering you the opportunity to refer qualified leads through a referral program (the “Program”) via a referral form (the “Lead Form”) accessible through a dedicated link which directs to a page on www.escapia.com (the “Link”). 

1. Binding Agreement. By sharing the Link or participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. Escapia’s decisions regarding the Program are final and binding. 

2. Privacy. The personal information collected, processed, and used as part of the Program will be used in accordance with Escapia’s privacy policy. 

3. How the Program Works. To participate in the Program and refer leads, you must be a legal resident of the United States, be at least 18 years old, and be a professional operating in the vacation rental or property management industry. Next, you must share the Link to refer leads, industry peers, and/or professional contacts who do not have an active Escapia account (each a “Lead”), including former users who newly enroll. Once a Lead completes and submits a Lead Form, the individual who shared the Link and is noted on the Lead Form as the referrer becomes a “Referrer”. In order for the Referrer to receive the Referrer Reward (as described in paragraph 11 below), a Lead must meet the following criteria: (a) complete the Lead Form, entering the Referrer’s name and email address in the designated fields, (b) sign a Sales Order for Escapia software, complete the technical implementation, and go live within one hundred eighty (180) days of submitting the Lead Form ("New Client"). Each Referrer is limited to referring a maximum of ten (10) leads per calendar year (resetting January 1 of each year). 

4. Bulk Distribution ("Spam"). By communicating with Leads as part of the Program, the Referrer represents that he/she has the appropriate permission and consent to communicate with the Lead. Referrers must comply with applicable laws and avoid “spamming” others. Referrals must be created and distributed in a professional manner that is appropriate and customary for communications with connections, industry peers, and professional contacts. Bulk distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. Escapia has no obligation to monitor the Program or any communications; however, Escapia may choose to do so and block any messages, reject messages to individuals who had previously opted-out of receiving commercial messages from Escapia, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a result of such spam and failing to obtain valid prior consent from the Lead before communicating with them about the Program. 

5. Referrers may not refer themselves or existing account holders or create multiple, fictitious, or fake accounts with Escapia or its subsidiaries and/or affiliates, or participate in the Program as Leads. Referrers may not use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene, or outside the spirit and intent of the Program. In addition, Referrers may not (a) tamper with the Program, (b) act in an unfair or disruptive manner, or (c) use any system, bot or other device or artifice to participate or receive any benefit in the Program. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, TO THE EXTENT PERMITTED BY LAW, ESCAPIA RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES), INCLUDING CRIMINAL PROSECUTION. Employees and contractors of Escapia and its affiliates are not able to participate. 

6. If you refer an eligible Lead (as described above) and your Lead becomes a New Client, you will receive the Referrer Reward, and the New Client will receive the Prospect Reward, each as described in paragraph 11. Escapia may delay the incentive for the purposes of investigating whether a Referrer or Lead has violated these Terms. Escapia will not honor any requests that do not comply with these Terms. 

7. Referrer further represents that they will disclose to all Leads that the Referrer made the referral and may receive an incentive or other benefit from Escapia; they shall not remove, alter or obscure any notices or other terms and conditions displayed on any of the referral campaign material(s), including the Lead Form; and they shall not engage in any conduct that is (whether by act or omission) false, misleading, deceptive, unlawful or fraudulent. 

8. Limitation of Liability. Nothing in these Terms and Conditions shall limit or exclude Escapia’s liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for any other liability which cannot be legally excluded or limited under applicable law, including consumer law. SUBJECT TO THE PRIOR SENTENCE, YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF ESCAPIA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release, and hold harmless Escapia, as the provider of the referral service, and its respective parent companies, affiliates, and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys, and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation, or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs, or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury, or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. Subject to the first sentence of this clause 8, the Released Parties shall not be liable to any users for failure to supply any advertised benefit by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW AND SUBJECT TO THE FIRST SENTENCE OF THIS CLAUSE 8, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED ONE THOUSAND US DOLLARS ($1,000). 

9. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND EXCEPT TO THE EXTENT OUTLINED IN THE FIRST SENTENCE OF CLAUSE 8, ESCAPIA EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. 

10. Sign-In Credentials. Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify Escapia immediately if they suspect unauthorized access to their account. Users agree that Escapia will not be liable for any loss or damage arising from unauthorized use of their credentials. 

11. Reward. 

• Referrer Reward: The Referrer will receive a $1,000 USD Visa Gift Card for each New Client, subject to the cap set forth in paragraph 3 and the New Client meeting the eligibility requirements set forth below (the “Referrer Reward”).      
  • Payout Conditions: Escapia will issue the Reward to the Referrer within thirty (30) days of a New Client successfully completing Escapia’s technical implementation and activating an account for the purpose of processing bookings using Escapia. 
• The Referrer Reward is subject to the terms and conditions of the issuing provider, including any expiration dates, usage restrictions, and redemption policies.
• New Client / Prospect Reward: Subject to Program eligibility requirements, the New Client will receive twelve (12) free months of Escapia software, applied to months two through thirteen from their software contract signing date (the "Prospect Reward"). To qualify for the Prospect Reward, the New Client must have a minimum of twenty-five (25) property listings at the time of enrollment. New Clients with fewer than twenty-five (25) property listings are not eligible for the Prospect Reward. Escapia reserves the right to modify the type, value, or duration of any Reward at any time; provided that any such modification will not affect Rewards already earned by a Referrer or New Client who qualified prior to the modification.

12. Right to Cancel, Modify or Terminate. We reserve the right, in our sole discretion, to terminate, alter, limit, suspend or modify the Program and/or these Terms and Conditions at any time, without notice, even though such modifications may affect your ability to earn rewards. You are responsible for checking these Terms from time-to-time to keep informed of any changes. We reserve the right to disqualify anyone at any time from participation in the Program if he/she does not comply with any of these Terms. 

13. Non-Exclusivity. The Program is non-exclusive. Escapia reserves the right to enter into similar referral arrangements with any third party. Nothing in these Terms restricts Escapia from marketing, selling, or distributing its products and services through any channel, including direct sales to any Lead or prospective customer. 

14. Trademark and Intellectual Property. The Referrer shall not use any Escapia or HomeAway Software, Inc. trademarks, logos, trade names, or other intellectual property without Escapia's prior written consent. Any goodwill arising from the Referrer's authorized use of Escapia's marks shall inure solely to Escapia's benefit. The Referrer shall immediately cease any use of Escapia's intellectual property upon request or upon termination of the Referrer's participation in the Program. 

15. Independent Contractor; No Agency. Nothing in these Terms creates any employment, agency, partnership, joint venture, or franchise relationship between the Referrer and Escapia. The Referrer has no authority to bind Escapia or make representations, warranties, or commitments on Escapia's behalf. The Referrer is participating in the Program as an independent party and is not entitled to any employee benefits from Escapia. 

16. Tax Responsibility. Each Referrer is solely responsible for any tax obligations arising from the receipt of any Referrer Reward. Escapia may require a Referrer to provide a valid taxpayer identification number and complete any applicable tax documentation (including IRS Form W-9) as a condition of receiving any Reward. Escapia may report the value of any Rewards to the Internal Revenue Service or other applicable taxing authority as required by law. 

17. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington, County of King. 

18. Escapia located at 11920 Alterra Pkwy, Austin, TX 78758, USA is the promoter of this offer.