Yes but here is the problem. That does not mean when it surges we are not entitled to that higher pay. I think you forgot to mention that. No matter how you want to put it and its their agreement everything suppose to run in sync. They have been scamming for YEARS !! Their is NOTHING in their agreement that say's when it surges we collect more but just pay you base rate.
Actually, nowhere in the addendum does it say the driver is entitled to surge rates.
It does state, "Fares vary by region (detailed at partners.uber.com), may vary depending on local supply and demand, and may also be adjusted in our discretion based on local market factors."
The operative word here is "May".
Fare: "You are entitled to a Fare for each Ride that you provide, where "Fare" is a base fare amount plus actual distance and/or time amounts (or as required by applicable law), provided that distance and/or time amounts may be predetermined in certain situations, such as for flat rate and minimum fare trips, or estimated where GPS information for that trip is unavailable."
In the addendum, "Fare" is what you earn per mile and minute; not what the rider pays.
So in a nutshell, yes Uber can charge the rider whatever surge multiple they want and still pay the driver base.