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Ambassador Terms & Conditions

Welcome to the Extended Stay Properties website (herein also known as “the Site”) operated by the Extended Stay Properties, Inc. (herein also known as “the ESP”) an Oregon Corporation. ESP and its Ambassador Program (herein known as “the Network”), is provided and maintained as a service to our users (“Ambassadors” and “Ambassadors”). By using the Network, you (herein also known as “Ambassador (s)”) agree to comply with and be bound by these Terms of Use. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise use the Network.

Introduction:
By use of the Network and the Site, you agree to the terms and conditions outlined in this Terms of Use Agreement for Ambassadors (“Ambassador Agreement”). This Ambassador Agreement constitutes the entire agreement between you and the Network, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Network, and the subject matter of this Ambassador Agreement. The current Ambassador Agreement will remain posted at this location at all times.

Terms of Use Changes
The network reserves the right to update, suspend, discontinue, change or otherwise modify this Terms of Use Agreement for Ambassador s at any time. When changes are made, notification will be made through the Site, network blog or email (if Ambassador is opt in). At that time Ambassador may either agree to notified changes or withdraw from the Network.

Your Privacy

The network will never use or share personally identifiable Ambassador Information in ways unrelated to the ones described in our Privacy Policy. The network will never willfully sell, lease, or rent any Ambassador or business’ personally identifiable information to any third party.

Ambassador Registration
To actively participate in the Network as an Ambassador, you must be at least 18 years of age. When requested by the Network, you must supply a valid tax identification number, which would be a social security number for individuals or a federal tax identification number for corporations and/or entities.

Limited Right to Use
The using, printing, viewing, or downloading of any graphic, content, form or document from the Network grants Ambassador only a revocable, nonexclusive license for use solely by Ambassador for purposes limited to the uses for the Network, and by Ambassadors who have agreed to this Ambassador Agreement. All other uses of the Site will be as is reasonably required to view content and navigate through the pages and links available to the public using a standard Internet browser. None of the programs, content, forms, graphics or documents shall be used for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be incorporated into any information retrieval system, other Ambassador network system, or any other system that is not owned by the Network. Any content submitted to the ESP for approval may be posted on this site or used for marketing, training, etc.

Non-Solicitation Agreement
With qualified acceptance to the Network, Ambassadors agree to non-solicitation of any client of the Network, or Merchant, for business relationships outside of the Network. Evidence of any direct solicitation or request for ad or media buys, or other considerations such as free merchandise, will be considered a violation of these terms of use. The Network reserves the right to terminate any Ambassador account in violation of this Ambassador Agreement.

Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Network and the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Network and the Site, except as allowed under “Limited Right to Use” above, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Network or the Site.

Warranty and Disclaimer
The network warrants the information and other content available on the Site provided for the Ambassador, are accurate and functional “as-is” to the best of the Network’s ability. ALL OTHER WARRANTIES ARE DISCLAIMED. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE DATE OF USAGE.

Limitation of Liability, Indemnification
Neither the Ambassador nor the Network will be liable to the other for special, indirect or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), incurred or suffered by the other arising as a result of or related to the performance of the Network programs, accuracy of content or the Site information, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages. Ambassador will indemnify and hold the Network harmless against any claims incurred by the Network arising out of or in conjunction with breach of this Ambassador Agreement, as well as all reasonable costs, expenses and attorneys’ fees incurred therein.

Links to Other Web Sites
The Network and Site may contain links to third-party web sites. The network does not control or monitor such web sites on a regular basis. The network is not responsible for the computer programs available from, content in or opinions expressed at such web sites. The network provides such third-party links only as a convenience to visitors and Ambassadors to the site, and the inclusion of a link does not imply approval or endorsement of the linked site by the Network. If you decide to leave the Site and access any third-party web site, you do so at your own risk.

Bandwidth or Usage Thresholds
The Network reserves the right to set Ambassador band width or usage thresholds on ad serving, API requests and/or any scripts that interact with the network’s website or web services.

Merchant Trademarks & Copyrights
Ambassadors may not represent themselves as the ESP in any campaigns unless consent is given by the foundation. Earnings that originate from a trademark, company name or domain name bid violation are subject to withholding.

Network Ambassador Cookies
Network tracking cookies set by Ambassador end-user clicks, through campaigns and tracking links of any kind provided by the Network, must be the direct result of an end-user outbound click, whether from a web site, newsletter or email. Forced clicks or practices otherwise known as cookie stuffing are against this Ambassador Agreement.

Merchant Brand Representation
The Network prohibits Ambassadors from representing themselves as the merchant by any means, or from using any web programming code or techniques to frame the merchant’s site within an end user’s browser. If an Ambassador chooses to frame merchant’s sites it must be with merchant consent before doing so.

Traffic Generation
Ambassador reminders, notifications, tracking links or alerts of any kind, triggered by a merchant URL in the end user’s browser address bar, are prohibited. This includes, but is not limited to, browser helpers, plug-ins and toolbars. Technology or software that knowingly or unknowingly undermines a merchant’s, or other Ambassador’s natural click stream by altering, intercepting, alerting, enticing or redirecting a customer is not allowed.

Black Hat Marketing
Black Hat Marketing or Spamdexing techniques of any kind, including but not limited to, Cloaking and Content Scraping, is strictly prohibited and enforced. Ambassadors caught using Black Hat methods of any kind will be removed from the Network on first offense, and payment will be subject to withholding.

Email Marketing
Ambassadors who choose to promote ESP and its programs by way of email lists must comply to CAN-SPAM Act legislation and the applicable regulations governing email marketing. The CAN-SPAM Act, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a web site. To be in compliance, all marketing emails must 1) not include false or misleading header information, 2) avoid deceptive subject lines, 3) give all recipients a functional opt-out method, and 4) be identified as an advertisement and include the email sender’s valid physical postal address.

Press Releases and Information
From time to time the Network will contain certain press releases, testimonials, interviews and discussions (collectively, “Information”) about us, our business and services, including links to certain third-party websites that may contain such Information. While all Information on the Site is believed to be accurate when prepared, the Network disclaims any duty to monitor or update any such Information. Statements regarding other companies other than the Network in such Information should not be relied upon as being accurate or endorsed by the Network.

Communications
Certain communications, information and materials that you submit shall be considered non-confidential. By submitting such communications, information and materials to the Network, you are representing that you have rights to enter into this Ambassador Agreement, that the Network is free to use all or part of the content of any such communications on an restricted basis without the obligation to notify or compensate you. The Network prohibits the scraping of email addresses from any Network site. The Network expressly prohibits and opts out of any electronic mail messages that were obtained in violation of the foregoing or by use of automatic address-generation programs.

Ambassador Transparency & Disclosure
Any software that masks or hides referring information or URLs in any way is prohibited from use. Ambassadors, at the request of the Network, must disclose and provide accurate information on business models and online or offline promotional techniques used to drive traffic and sales on behalf of their merchant partners. Failure to provide transparency may result in the suspension of an Ambassador account until such disclosure is made.

Sites Approvals
Ambassadors may promote ESP programs on other website that are pre-approved by ESP prior to any promotion. The following sites will not be accepted by the Network: Incomplete sites, parked domain names, sites with limited or no value added content, sites that promote hatred, bigotry, violence or adult-oriented material, gambling or online gaming services, get rich quick schemes, and any other sites otherwise centered around illegal or unethical activity. The Network reserves the right, in its sole discretion, to determine whether or not any Ambassador applicant’s site meets the acceptable use guidelines of this Ambassador Agreement.

Ambassador Payment
Ambassadors/Recruiters are Independent Contractors and not employees

You must provide W-9 prior to ESP issuing the first check

All relevant payment and commission tracking statistics are collected, calculated and stored by the Network, and will be the only valid statistics used in determining Ambassador compensation through all promotional campaigns and activity in the Network. Ambassadors will be compensated as outlined in the Guidelines for each Network level. All Ambassador payments will be distributed through ESP Credits or in USD currency only.

Accepted Use
Ambassadors must comply with all accepted terms of use as defined in this Ambassador Agreement. Network provided technology, documents,  scripts, etc. cannot be altered from the way they are packaged and delivered. Ambassadors may not artificially inflate traffic or click counts to merchant sites using any device, program, script, robot or any other fabricated means. Ambassadors cannot publish or otherwise promote any content, or site, which is libelous, obscene, pornographic, abusive, fraudulent or in violation of any law.