HomeAway Premier Partner Terms and Conditions

The HomeAway Premier Partner Program (referred to in these terms as the “Premier Partner Program” and all participating partners referred to as “participating partners”) provides benefits to partners who have consistently provided exceptional experiences to HomeAway travelers as reflected in the attainment of certain performance standards.

HomeAway does not endorse any partner, nor guarantee or control the quality, safety, suitability, or conduct of any partner, regardless of whether or not a partner is a participating partner. If you qualify to be eligible to become a participating partner, this means you’ve met our Premier Partner Program performance standards. It does not mean that HomeAway endorses, certifies or approves your listing or you as a partner. You remain entirely responsible for complying with applicable laws and for all your other obligations under our Terms of Service and any other agreements you have with us.

HomeAway may terminate the Premier Partner Program at any time for any reason. Your participation in the Premier Partner Program and any access to any associated HomeAway products and services is granted at HomeAway’s sole discretion and HomeAway may end your participation and access at any time.

Qualifications

To qualify as eligible to become a participating partner in the Premier Partner Program, you must: (1) have a HomeAway account in good standing, and (2) satisfy certain performance standards established by HomeAway from time to time. Premier Partner Program eligibility is valid only for the qualification period, and your participation in the Premier Partner Program remains subject to HomeAway’s sole discretion at all times and may be revoked at any time, including if you fail to meet the current eligibility standards. Premier Partner Program eligibility and performance standards may also be changed from time to time at HomeAway’s sole discretion.

Premier Partner Program Evaluations

Qualification is periodically evaluated at least once during every relevant qualification period.  Qualifications may also be reviewed at any other time.

Participating partner status may be revoked at the next review date if the partner did not meet the performance standards during the most recent applicable time period for each respective performance standard. Participating partner status may also be revoked during any other time if it is determined that the partner is not meeting applicable performance standards or HomeAway otherwise exercises its discretion to end your participation in the Premier Partner Program.  HomeAway may, but is not obligated to, notify participating partner of their Premier Partner Program status revocation. Partners who have had their Premier Partner Program status revoked may become eligible to regain their Premier Partner Program status during a future qualification period if they otherwise meet the qualifications requirements in place at the future review date.

If you become a participating partner, an applicable badge indicating your status as a participating partner will be added to your HomeAway profile, your search landing page(s) your listing page(s) or elsewhere depending on the current HomeAway badging display treatment.  Your badge will be displayed for as long as you continue to be a participating partner and as long as the Premier Partner Program continues. Occasionally this may take some time for our systems to process. The delay in the appearance of the badge doesn't impact your participating partner status, and your badge appearance will not effect your ability to receive the other benefits once you qualify as a participating partner. If you wish to turn off your Premier Partner Program badge, please contact HomeAway. Turning off your badge alone does not affect your participating partner status; you’ll still be able to enjoy the benefits of being a participating partner. If you want to turn your badge back on, please contact HomeAway.

Premier Partner Program Badge

Any use of any Premier Partner Program badge not specifically allowed by these terms is not permitted. You are not allowed to use or display your badge outside of your listing on HomeAway without separate approval from HomeAway and subject to additional external display requirements.

Qualifying as a participating partner does not give you any ownership or other proprietary rights in the badge or other HomeAway intellectual property, other than as provided in these terms. HomeAway retains all rights, title and interest in and to the Premier Partner Program badges, trademarks, and other protected materials.

Being a Participating Partner

We want partners to be proud of their Premier Partner Program status, but please don’t:

  • Claim to be endorsed by, an agent or representative of HomeAway, or otherwise misrepresent your association with HomeAway.
  • Use your Premier Partner Program badge in association with any materials that are false, misleading, offensive, defamatory, obscene, vulgar, pornographic, harassing, illegal, or that violate the rights of any third party.
  • Commercialize the Premier Partner Program badge (such as by creating, importing, or selling merchandise with the Premier Partner Program badge or by displaying your Premier Partner Program badge on third party websites or mobile applications) without prior separate approval from HomeAway.

Benefits

Participating partners may enjoy special benefits in addition to those described here. These benefits may be subject to additional terms, and may be changed or discontinued by HomeAway at any time with or without notice to you.

Indemnity

You agree to release, defend, indemnify, and hold HomeAway and its affiliates harmless from all claims, suits, damages, costs and expenses, including attorneys’ fees, associated with your misuse of the Premier Partner Program badge or with any false or misleading statement, act or omission by you in relation to your designation as a participating partner in the Premier Partner Program.

Termination

Participation in the Premier Partner Program is a privilege, not a right. Your participating partner status, privileges, and license to the Premier Partner Program badge may be revoked at our sole discretion including if you violate these terms, the HomeAway website terms and conditions or other any other HomeAway terms and conditions or agreement with HomeAway applicable to you. Your Premier Partner Program membership, privileges, and license to the Premier Partner Program badge may be suspended or terminated if: (a) you no longer meet the qualifications, (b) stop hosting, (c) your listing or HomeAway account is suspended or cancelled, or (d) because HomeAway determines it is its best interested to do so, each as the case may be.

Disclaimer

THE PREMIER PARTNER BADGE AND ANY OTHER MATERIALS, AND THE PREMIER PARTNER BENEFITS, ARE PROVIDED HEREUNDER "AS IS." HOMEAWAY DISCLAIMS ALL LIABILITIES AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. THE PREMIER PARTNER BADGE OR PREMIER PARTNER STATUS IS NOT IN ANY WAY AN ENDORSEMENT BY HOMEAWAY OF ANY PARTNER OR LISTING.

Limitation of Liability

HOMEAWAY WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE DEVICE DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PREMIER PARTNER PROGRAM.

Severability

If any 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 provisions.

Updates to the Terms

We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the HomeAway website, applications, or services, which are effective upon posting. By continuing to use HomeAway, after we have posted a modification, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your only recourse is to stop using HomeAway.

We may also entirely discontinue the Premier Partner program at any time, with or without notice to you.