Terms and Conditions for Skyscanner Elite Members
These terms and conditions govern your status as an independent blogger in the Skyscanner Elite programme, for Skyscanner Limited, a company registered in England and Wales with company number 04217916 and registered offices at Suite 7-001 1 Fore Street, London, England, EC2Y 5EJ (“Skyscanner”).
As a participant in the Skyscanner Elite programme, you agree and accept the following terms and conditions:
1. You may review the Skyscanner products and the Skyscanner brand in the ways set out in the list of activities available at Skyscanner Elite on your official blogs, or as otherwise agreed between you and Skyscanner from time to time.
2. Points shall be awarded based on metrics such as app downloads and sessions arising from the Authorised Activities, and rewards shall be awarded based on the number of points earned in periods of 2 calendar months as further described in the Authorised Activities and Rewards List. Skyscanner shall provide you with the relevant tracking tools (such as tracking URLs) necessary to record these metrics. Any click-through or referral which in Skyscanner’s reasonable opinion is generated by any automated, deceptive or fraudulent means (including, without limitation, electronic web ‘bots’ or ‘spiders’) shall not be considered for the purposes of scoring or rewards.
4. The Skyscanner Elite Programme is not open to employees of Skyscanner or its group companies.
5. In addition to the rewards set out in the Authorised Activities and Rewards List, Skyscanner at its discretion may provide additional rewards and privileges to you or run special, one-off or otherwise non-regular activities and rewards as may be notified to you from time to time.
6. In order for us to process any payments in a timely manner, you shall return a payment information form sent by us to you, and submit invoices within 5 days of the end of each 2-month period where you have accumulated a monetary total of over $100 in accordance with the Authorised Activities and Rewards List. Payments will be made on invoices received in accordance with this clause 5 within 30 days.
7. You may not promote Skyscanner products on third party retail or service establishments on channels that have not been agreed by Skyscanner without the written (including by email) acceptance of Skyscanner.
8. You agree to comply with the requirements of the Bribery Act 2010 and with any policies reasonably communicated to you by Skyscanner, which are incorporated into these terms and conditions and together with the Appointment Letter and Authorised Activities and Rewards List altogether constitute the “Agreement”.
9. Where Skyscanner has reason to believe you have breached the terms of this Agreement, you will forfeit any rewards accrued in accordance with the Authorised Activity list, and Skyscanner may immediately terminate your Skyscanner Elite membership.
10. You acknowledge and agree that in your capacity as a Skyscanner Elite blogger you are acting as an independent contractor and are not an employee of Skyscanner.
11. As an independent contractor, and not an employee or agent of Skyscanner, you may not and may not represent yourself as authorised to contract on behalf of or represent Skyscanner.
12. As an independent contractor, you are responsible for all self‐ employment taxes, income taxes and other filings required by law, and you are not covered by any State Unemployment or Workers’ Compensation Act. You will not be treated as an employee with respect to this Agreement for federal, state or local law tax purposes, or otherwise. You agree to abide by all federal, state and local laws relating to the Authorised Activities and your membership of the Skyscanner Elite programme.
13. You will promote the Skyscanner products and the interests of Skyscanner, and shall do so fairly, truthfully, in accordance with your true opinions, and in a way that is compliant with all applicable laws and does not infringe the rights of any third parties. You will use the Skyscanner trademarks and logos only in accordance with any brand guidelines communicated to you by Skyscanner. You must clearly disclose that there is a commercial connection between you and Skyscanner.
14. You may be engaged, employed or concerned in any other business, trade, profession or other activity which does not place you in a material conflict of interest with Skyscanner.
15. You consent to Skyscanner holding and processing any “personal data” and/or “sensitive personal data” (such terms as defined under the Data Protection 1998) relating to you for legal, personnel, administrative and management purposes.
16. Any Skyscanner property or materials in your possession and any original or copy documents obtained by you shall be returned to Skyscanner at any time on request.
17. You understand and agree that as a result of your membership of the Skyscanner Elite programme, you may be given access to confidential information relating to the business or affairs of Skyscanner. Except as required by law, you may not use or disclose any such confidential information which is not already in the public domain.
18. This agreement may be varied by agreement in writing between both you and Skyscanner. Skyscanner reserves the right to unilaterally vary or update these terms and conditions, with any changes taking effect ten days after you are notified of them.
19. This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of this agreement.
20. You warrant that any content posted to your blog pursuant to the Authorised Activities shall be your own original work and shall not:
o be plagiarised from any third party or contain any third party material or content for which you have not obtained all necessary licenses, consents and/or approvals;
o be defamatory, obscene, indecent, pornographic, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence and/or in breach of privacy;
o constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
o be technically harmful (including, without limitation, containing computer viruses).
21. You deliver Content at your sole discretion and are not obligated to do so.
22. While all intellectual property rights subsisting in any Content will be owned by you or your licensors, you hereby grant the following non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable rights to Skyscanner:
o where the content is developed for your own blogs or platform, to reproduce and display both electronically and otherwise, including on social media platforms, excerpts of any such Content strictly for the purposes of advertising and marketing the content Skyscanner’s services and platforms; and/or
o where the content is developed specifically to be published on the Skyscanner website, to reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from (subject at all times to your moral rights in the content) any and all such content including for the purposes of advertising and marketing Skyscanner’s services and platforms
23. For the avoidance of doubt, nothing in this Agreement implies or effects any transfer of ownership in the content exchanged between the parties.
24. Skyscanner are under no obligation to store, retain, publish or make available any content uploaded by you and that you shall be responsible for creating backups of any such content if necessary.
25. You may at your discretion immediately terminate your membership of the Skyscanner Elite programme by notifying Skyscanner in writing (including by email).
26. Skyscanner may in its discretion immediately terminate your membership of the Skyscanner Elite programme by notifying you in writing (including by email).
27. Skyscanner reserves the right to permanently or temporarily terminate the Skyscanner Elite programme.
28. Upon termination, any accrued rewards should be claimed within 2 calendar months of giving Skyscanner such notice or they will be forfeited.
29. Upon termination, any Skyscanner materials or confidential information you hold must be promptly destroyed or returned to Skyscanner.