HUBOMOTO AFFILIATE PROGRAM AGREEMENT

TERMS AND CONDITIONS

0. DEFINITIONS

For purposes of this Agreement, the following terms apply:

0.1. Affiliate refers to the independent contractor participating in the HuboMoto Affiliate Program.

0.2. Published Rate refers to the dynamic base price set by HuboMoto for a specific unit and date(s). This is the rate the Affiliate must remit to HuboMoto to confirm a booking.

0.3. Selling Price refers to the price the Affiliate charges the guest for the booking.

0.4. HuboMoto Net Revenue Floor refers to the portion of the Published Rate retained by HuboMoto for a booking. The Net Revenue Floor may vary by property, unit type, and occupancy or other operational rules as defined by HuboMoto from time to time.

0.5. Affiliate Rebate refers to the amount payable by HuboMoto to the Affiliate for a booking, calculated as: Affiliate Rebate = Published Rate − HuboMoto Net Revenue Floor.

0.6. Extra Commission (Markup) refers to the additional amount earned by the Affiliate from the guest when the Selling Price is above the Published Rate, calculated as: Extra Commission (Markup) = Selling Price − Published Rate.

0.7. Total Affiliate Earnings refers to: Total Affiliate Earnings = Affiliate Rebate + Extra Commission (Markup).

0.8. Confirmed Booking refers to a booking that is confirmed by HuboMoto after (a) the Affiliate creates the booking in the Affiliate Dashboard, and (b) the Affiliate remits the Full Published Rate within the required remittance window, and (c) HuboMoto Guest Services confirms the remittance and booking status in the system.

1. INDEPENDENT CONTRACTOR & RESELLER STATUS

1.1. Nature of Relationship: The Affiliate is an independent contractor. This Agreement does not create an employer-employee relationship, partnership, or joint venture. The Affiliate is not entitled to labor-mandated benefits (SSS, PhilHealth, 13th-month pay).


1.2. Reseller Authorization: HuboMoto grants the Affiliate a non-exclusive right to “white-label” and resell HuboMoto’s short-term rental inventory.


1.3. Marketing Persona: The Affiliate may market the properties under their own name, brand, or persona. However, for legal purposes, the Affiliate acts as a Reseller and acknowledges that the physical possession and management of the property remain with HuboMoto.


2. ELIGIBILITY AND PERFORMANCE (SLA)

2.1. Qualification: Acceptance into the program is subject to a qualification call and approval.


2.2. Minimum Performance Requirement: The Affiliate must maintain a minimum of one (1) Confirmed Booking per calendar month. Failure to meet this Service Level Agreement (SLA) for two (2) consecutive months may result in account deactivation.


3. PRICING STRUCTURE AND 100% MARKUP CEILING

3.1. Published Rates: “Published Rates” are the dynamic base prices set by HuboMoto.


3.2. Selling Price: The Affiliate may set their own Selling Price for eligible units, subject to the Markup Ceiling in Section 3.4 and all applicable compliance obligations in this Agreement.


3.3. Affiliate Earnings Structure (Two-Component Model):

  • 3.3.1. The Affiliate may earn from: (a) Affiliate Rebate (paid by HuboMoto), and (b) Extra Commission (Markup) (collected from the guest when Selling Price exceeds Published Rate).

  • 3.3.2. Extra Commission (Markup):
    Selling Price − Published Rate.

  • 3.3.3. Affiliate Rebate:
    Published Rate − HuboMoto Net Revenue Floor (per property).
    The Selling Price does not affect the Affiliate Rebate.

  • 3.3.4. Total Affiliate Earnings:
    Affiliate Rebate + Extra Commission (Markup).

3.4. Markup Ceiling (All Unit Types):

  • 3.4.1. The Selling Price shall not exceed 100% of the Published Rate set by HuboMoto for the same unit and date(s).

  • 3.4.2. For avoidance of doubt: Selling Price may be up to 2.0× the Published Rate, but never higher.

3.5. Studio Units (Net Revenue Floor by Property / Occupancy Rules):

  • 3.5.1. For Studio Units, HuboMoto’s Net Revenue Floor may vary by property/location and may be determined using occupancy-based rules or other internal pricing rules established by HuboMoto.

  • 3.5.2. The Affiliate Rebate for Studio Units is calculated as:
    Published Rate − HuboMoto Net Revenue Floor.

  • 3.5.3. HuboMoto may update the Net Revenue Floor schedule or rules from time to time. Updates will apply prospectively.

3.6. 1BR & 2BR Units (Fixed Net Revenue Floor Rule):

  • 3.6.1. For 1BR and 2BR units, HuboMoto’s Net Revenue Floor is fixed at 90% of the Published Rate, regardless of occupancy.

  • 3.6.2. Accordingly, the Affiliate Rebate is 10% of the Published Rate, regardless of the Selling Price.

4. PAYOUTS AND TAXATION

4.1. Payout Schedule: HuboMoto will release payouts for the Affiliate Rebate on the 10th day of the following month, subject to verification and applicable deductions. For clarity: the Extra Commission (Markup) is not paid by HuboMoto and is earned by the Affiliate from the guest, when applicable.


4.2. Withholding Tax: In compliance with BIR Revenue Regulation No. 2-98, HuboMoto shall deduct Creditable Withholding Tax (CWT) (typically 10%, or 5% with a Sworn Declaration) from all payouts.


4.3. Tax Documentation: The Affiliate must provide a valid Tax Identification Number (TIN). HuboMoto will issue a BIR Form 2307 to the Affiliate for their tax credits.


5. BOOKING PROCESS AND GUEST MANAGEMENT

5.1. Remittance (Full Published Rate Required):

  • 5.1.1. To confirm a booking, the Affiliate must remit the Full Published Rate to HuboMoto via the Dashboard.

  • 5.1.2. This remittance obligation applies to all unit types and applies regardless of the Selling Price charged to the guest.


5.2. Temporary Unit Block (30-Minute Window):

  • 5.2.1. Upon creation of a booking in the Affiliate Dashboard, the unit may be temporarily blocked for thirty (30) minutes to allow remittance.

  • 5.2.2. If the Affiliate remits the Full Published Rate within the 30-minute window (and the remittance is confirmed by HuboMoto Guest Services), the booking becomes a Confirmed Booking and the unit remains blocked for the guest.

  • 5.2.3. If no remittance is made within the 30-minute window, the temporary block is removed, the booking is cancelled, and the unit becomes available again. No penalty applies.

5.3. Guest Handover: Upon confirmation, the Affiliate must immediately provide the Guest’s full name, contact details, and valid ID to the HuboMoto Guest Service Team (EGS).


5.4. Guest Conduct: The Affiliate is responsible for informing the Guest of standard house rules. HuboMoto reserves the right to refuse or evict guests who violate building security or safety protocols.


6. REPRESENTATION AND DISCLOSURE LIABILITY

6.1. Disclosure Risk: If the Affiliate markets the property as their own (“White-Labeling”), the Affiliate assumes sole and exclusive legal liability for any claims of misrepresentation, deceptive sales acts, or “bait-and-switch” allegations from the Guest or regulatory bodies (DTI/DOT).


6.2. Consumer Act Compliance: The Affiliate is advised that under the Consumer Act of the Philippines (R.A. 7394), grossly disproportionate pricing (excessive markups) can be flagged as an unconscionable sales act. The Affiliate agrees to defend and indemnify HuboMoto against any such claims.


6.3. Internet Transactions Act (ITA): In compliance with R.A. 11967, the Affiliate is responsible for the accuracy of all digital advertisements and marketing collateral they produce.


7. DATA PRIVACY AND SECURITY

7.1. Personal Information Controller (PIC): HuboMoto is the PIC of all data stored in the Affiliate Dashboard.


7.2. The “First Mile” Protocol: The Affiliate is responsible for the security of guest data during the initial communication phase (e.g., Messenger/WhatsApp). The Affiliate must delete all guest IDs and personal photos from their personal devices within twenty-four (24) hours of inputting the data into the HuboMoto Dashboard.


7.3. DPA Compliance: The Affiliate shall not use Guest data for any purpose other than facilitating the specific booking through HuboMoto.


8. INDEMNIFICATION AND BRAND PROTECTION

8.1. Indemnity: The Affiliate shall hold HuboMoto, its officers, and employees harmless from any and all claims, fines (including DOT/DTI penalties), or damages arising from the Affiliate’s pricing strategies, marketing claims, or breach of guest confidentiality.


8.2. Brand Integrity: Affiliates may not use “HuboMoto” in their primary social media handles. They must not make any claims that would negatively impact HuboMoto’s standing with Building Homeowner Associations (HOAs) or Management Bodies.

9. TERMINATION

9.1. Convenience: Either party may terminate this Agreement with 15 days’ written notice.


9.2. For Cause: HuboMoto may terminate this Agreement immediately for fraud, data privacy breaches, or “Brand Risk” caused by the Affiliate’s marketing tactics or exorbitant pricing (including exceeding the 100% Markup Ceiling).

10. GOVERNING LAW AND VENUE

10.1. Governing Law: This Agreement is governed by the laws of the Republic of the Philippines.


10.2. Exclusive Venue: All legal actions arising from this Agreement shall be filed exclusively in the courts of Iloilo City, Philippines.


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