Marco Experiences, Inc.

Host Terms

Effective Date: Jul 1, 2021

These Host Terms (“Host Terms”) supplement the Marco Experiences Terms & Conditions (“Marco Terms” and, together with the Host Terms, this “Agreement”) and govern your rights and responsibilities related to your use of Marco’s Services when you sign up with Marco to offer Experiences for sale through our Services. By registering as an Experience Host, signing a Host Agreement, or otherwise contracting with Marco to offer Experiences through the Services, you represent that (1) you have read, understand, and agree to be bound by this Agreement; (2) you are of legal age and capacity to form a binding contract with Marco; and (3) you have the authority to enter into this Agreement personally (and, if you are using the Services on behalf of an entity, that you also have the authority to bind that entity to this Agreement).

  1. Hosting an Experience.
    1. Becoming a Host. You must be approved by Marco to become a Host before you are able to offer an Experience for sale on the Marketplace. If you request to become a Host, we may require that you provide certain information about yourself and the Experience(s) that you wish to offer for sale on the Marketplace (“Host Information”). Host Information includes any descriptions of Experiences (including photos, graphics, text, logos, descriptions of Third Party Goods, information about the location any in-person Experience will be held, and any other information you provide to Marco about an Experience). You represent and warrant that you will provide true, accurate, current and complete Host Information and that you will promptly update the Host Information to keep it true, accurate, current and complete. You represent and warrant that you have the authority to Host any in-person Experience in the venue you designate for such Experience. You are responsible for all activities that occur as part of your Experience. If you provide any information that is untrue, inaccurate, not current or incomplete, or Marco has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Marco has the right to suspend your ability to list Experiences for sale on the Marketplace, cancel any previously scheduled Experiences, and refuse any and all current or future use of the Services (or any portion thereof).
    2. Independent Relationship. If you choose to become a Host, you acknowledge that your relationship with Marco is limited to that of an independent contractor, and not an employee, joint venturer, sales representative, agent, franchisee or partner of Marco for any reason. You acknowledge and agree to act exclusively on behalf and for your own benefit, and not on behalf of, or for the benefit of, Marco. You are solely responsible for your Experiences and Marco does not, and will not be deemed to, control your Experiences or your performance under these Terms.
    3. Experience Listings. You will be required to provide any information requested by Marco when you list an Experience on the Marketplace. When you provide information about an Experience, you agree to: (i) disclose any restrictions or requirements, whether imposed by applicable law or otherwise, that apply (for example, age limitations, fitness requirements, allergens, locations Third Party Goods cannot be shipped to, accessibility features or entry restrictions at a venue for an in-person Experience, etc.), (ii) provide accurate scheduling information and availability, and (iii) provide any other information that is requested by Marco about the Experience or that is required to accurately describe the Experience. You represent and warrant that you are qualified to provide such Experience and/or Third Party Goods and that they will be of the stated quality and conform to the information you provided Marco. Marco reserves the right to modify your Experience Listing for aesthetic or stylistic reasons; however, you agree to review such Experience Listing and to notify Marco if it is not an accurate representation of the Experience.
    4. Obligation to Provide an Experience. As a Host, when you sell an Experience and/or any Third Party Goods, you are entering into a legally binding contract with the Buyer to provide the Experience and/or Third Party Goods to up to the number of Attendees specified by the Buyer. Unless you’ve agreed otherwise in writing with Marco, you are solely responsible for providing your Experience, procuring and shipping Third Party Goods, and otherwise providing customer support for your Experiences. Your use of the Services and all Experiences that you provide as a Host must be in compliance with all applicable laws and regulations.
  2. Payment Information
    1. Marco Service Fees. Marco may charge fees to Hosts for use of the Services (“Service Fees”), which may include transaction fees when a Buyer purchases an Experience. The Service Fees may include certain other charges, including without limitation taxes that Marco is legally required to collect, processing fees, and shipping and/or fulfillment fees. If you are a Host, Service Fees will be separately indicated either (i) at the time you apply to list an event through the Marketplace, or (ii) in a separate written agreement between you and Marco (a “Host Experience Agreement”) executed for an Experience prior to the listing of that Experience on the Marketplace. Service Fees may fluctuate based on the type of Experience you offer, whether Goods are involved, and other factors. You are responsible for paying any Service Fees that you owe to Marco. Service Fees are non-refundable to Hosts.
    2. Payment of Fees; Marketplace. Buyers contract directly with Hosts for the purchase of Experiences through the Marketplace. Hosts are solely responsible for setting the prices for Third Party Goods and Experiences. Marco facilitates these sales by hosting the Marketplace and by facilitating the exchange as described below. All Experiences must be scheduled and payments must be made through the Marketplace. Marco’s Service Fee for each purchase through the Services is deducted from the amount that the Buyer pays, as described in Section 2.1, with the remainder remitted to the Host. You understand and agree that Marco itself does not process the transmission of funds and thus it is not a separate and discrete service that Marco provides in addition to the Services. Marco may, in its sole discretion, cancel a purchase, or may limit quantities, shipment, or delivery of Goods to particular addresses, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or this Agreement. Refunds for cancelled orders may be issued where appropriate. Marco does not make any guarantees about pricing errors and reserves the right, in its sole discretion, to not process or to cancel any requests to book Experiences, including, without limitation, if the price was incorrectly posted on the Marketplace. If this occurs, Marco will attempt to notify you.
    3. Host Payment Terms.
      1. Virtual Experiences with Goods. For virtual Experiences that include Third Party Goods, Marco will pay the Host the full value of the Experience, less any Service Fees, within five (5) calendar days of providing shipping confirmation for such Third Party Goods. For Experiences that include Marco Goods, Marco will pay the Host the full value of the Experience, less any Services Fees and amounts charged by Marco for Marco Goods, within five (5) calendar days of providing shipping confirmation of such Goods.
      2. Virtual Experiences without Goods. For virtual Experiences that do not include Goods, Marco will pay the Host the full value of the Experience, less any Service Fees, within five (5) days of the Experience completion, subject to Marco’s Rescheduling, Cancellation, and Refund Policy.
      3. In-Person and Hybrid Experiences. For an in-person or hybrid (i.e. combination of virtual and in-person) Experience, Marco will pay the Host the full value of the Experience, less any Service Fees and the costs of any Marco Goods included in the Experience, within five (5) calendar days of the Experience completion, subject to Marco’s Rescheduling, Cancellation, and Refund Policy.
    4. Taxes. Unless otherwise stated on the Marketplace at the time a booking request is made, the amounts paid by Buyers do not include any Sales Tax that may be due in connection with any Experiences or Third Party Goods. If Marco determines it has a legal obligation to collect Sales Tax , Marco shall collect such Sales Tax in addition to the amounts required under these Terms or your Host Agreement. If any Experiences, Third Party Goods, or payments for any Services under the Agreement are subject to Sales Tax in any jurisdiction and the applicable Sales Tax has not been remitted to Marco, then you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Marco for any liability or expense that Marco may incur in connection with such Sales Tax. Upon Marco’s request, you will provide it with official receipts issued by the appropriate taxing authority, or such other evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
  3. Third Party Payments Provider. Unless otherwise stipulated in your Host Agreement, processing for the Services will be performed by Marco’s third-party payment processor. Marco currently uses Stripe, Inc. (“Payment Processor”) as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). Your use of the Services and the payment processing provided by the Payment Processor is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement, as may be modified by the Payment Processor from time to time (collectively, the “Payment Processor Agreement”). As a condition of using the Payment Processor’s payment processing, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor. All bank, credit card, or other payment information is sent directly to and stored with the Payment Processor using its security protocols. Marco does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of the Payment Processor’s payment processing is conditioned upon your compliance with the Payment Processor Agreement, and if the Payment Processor Agreement is terminated by the Payment Processor, you may not be able to use the Services, or you may have your use of the Services suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.
  4. Use of Participant Information. If you choose to become a Host, you agree to: (1) only collect and use Attendee information and data that is necessary to provide the Experience for the applicable Attendee or as otherwise authorized by the Attendee; and (2) collect, use, maintain, and transmit all Attendee information or data in compliance with all applicable laws and regulations, including the CAN-SPAM Act, and any applicable privacy policies.
  5. Liability; Host Insurance. Marco offers a Marketplace on which Hosts can offer Experiences to Buyers, but Marco makes no representations about, and accepts no liability for, the content of those Experiences. As a Host, if you offer any Experience with an in-person component you agree that you carry general liability insurance or such other insurance as is commercially reasonable given the industry and the nature of the Experience. Unless otherwise set forth in your Host Agreement, we do not require our Hosts to carry any specific minimum liability insurance policy, but we recommend that Hosts comply with the best practices of their industry.
  6. Third-Party Business Partner Sales. We may integrate our Services with third parties in a manner that allows Buyers to purchase Experiences through a third-party with whom we have partnered (each, a “Third-Party Business Partner.”). If an Experience that you Host is purchased by a Buyer through a Third-Party Business Partner, the terms of this Agreement and any Host Agreement you have signed with us shall apply to such purchase.
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