Welcome to Vugo’s Rideshare Advertising Program! By participating in this Program, you agree to these Terms and the Program Policies. Be sure to read these Terms and the Policies carefully. The Terms, Program Policies, and any other policy Vugo provides you constitute a binding contract.
2. You will earn 60% of the advertising revenue derived from the impressions of advertisements displayed on your device, in each case determined by Vugo. Payments will accrue until the amount exceeds $20. Except as expressly provided in these Terms, if your earned balance exceeds $20 on Monday at 4:00 AM Central time, you will be paid your entire balance by the following Wednesday. If your earned balance does not exceed $20, it will continue accruing week by week until it does. If a customer uses our services to issue you a tip, you will earn 100% of that tip, which will be added to your earned balance. We will not charge you and transaction fees. Payments will only be made to Paypal or Google Wallet accounts. We encourage you to use Google Wallet.
3. Vugo will not withhold any money from your earnings for Social Security, Medicare, Medicaid, or any federal or state taxes. You are solely responsible for any such taxes.
4. Intellectual Property. Vugo grants you a non-exclusive, non-sublicensable, revocable license for the use of the application. This license is limited to uses explicitly permitted by these Terms and the End User License Agreement. By participating in the Advertising Program, you do not acquire any right, title, or interest in any intellectual property rights belonging to Vugo or its licensors, except as expressly provided in these Terms. You grant Vugo the right to use your name in our presentations, marketing materials, customer lists, and financial reports.
5. Representations and Warranties. You represent and warrant that you have full power and authority to bind yourself to these Terms, that Vugo has never previously suspended, terminated, or disabled your participation in the Advertising Program, and that all the information you provide Vugo, whether in your application, through this agreement, or in any other communication, is accurate and up-to-date.
6. Disclaimers of Warranties. Vugo makes no guarantees or warranties, express or implied. You expressly disclaim all implied warranties, including, but not limited to merchantability, fitness for any purpose, functionality, or satisfactory quality. Vugo makes no guarantees or promises with regard to the content it displays on your device, the profitability, or reliability of the content or software. Vugo’s products and services are provided as-is.
7. Termination. You may terminate your participation in Vugo’s Advertising Program at any time. If Vugo terminates this agreement without cause, Vugo will pay you as a termination penalty an additional 5% of your earnings from the 14 calendar days preceding the termination. Under either of these circumstances, all your accrued earnings will be paid within 90 days of termination, regardless of the amount.
Vugo may terminate this agreement for good cause. Good cause includes your breach of these Terms or any program policies, fraud, or your lack of activity for 90 consecutive days. If Vugo terminates this agreement for good cause, it will pay your earned balance within 90 days of termination, less $20 as a penalty. If your earned balance is under $20 at the time of termination for cause, you will not receive any payment.
You must remove any Vugo software from your device upon termination immediately, whether you or Vugo terminates the agreement.
8. Vugo may designate certain information it provides you as confidential. You agree to keep any such designated information in the strictest confidence. You may not disclose any information Vugo designates confidential to any third party without prior written consent. This information may include Beta features, advertising experiments, promotional incentives, and any other information Vugo designate as confidential. Your obligation to keep this information confidential survives termination of this contract.
9. Liability and Damages Limitations; Choice of Law and Forum. Except as expressly provided in these Terms, neither party may be held liable under these Terms, Vugo’s Policies, or for any claims arising out of or relating to the performance of these terms for any damages other than direct damages. This restriction applies whether either party knows or should know such damages are otherwise allowable and even if direct damages are an insufficient remedy. This restriction prevents either party from making a claim for indirect or consequential damages, lost profits, or lost sales. Under no circumstances will Vugo be liable to you in an amount in excess of the amount you earned from your participation in the Advertising Program in the thirty days before the events giving rise to the claim occurred. Except as otherwise expressly provided in these Terms, you may not make a claim more than two years after the events giving rise to the claim occurred.
You expressly waive your right to bring or participate in a class-action lawsuit against Vugo. This does not limit your ability to bring suit on an individual basis, subject to the terms of this agreement.
All claims arising out of or relating to these Terms or Vugo’s services will be governed by Minnesota law without regard for any rules governing conflict of laws, and will be litigated exclusively in the federal or state courts within Hennepin County, Minnesota. The parties expressly consent to personal jurisdiction in those courts.
10. You agree to defend, indemnify, and hold harmless Vugo, its affiliates, agents, partners, officers, directors, and employees from any third party claim, loss, or liability, including costs, expenses, and attorneys’ fees arising out of or related to your use of Vugo’s products and services, including any claim for trademark or copyright infringement, your breach of any term of the agreement, or your violation of any Vugo policy. You shall also be liable for any costs, expenses, and attorneys’ fees Vugo reasonably incurs in successful enforcement of these Terms.
11. These Terms and the policies referenced by these Terms constitute the entire agreement between the parties and supersedes all prior agreements, whether written or oral, between the parties with respect to the subject matter of this agreement. Vugo may modify these Terms or the policies at any time without liability. Changes Vugo makes will become effective 14 days after posting unless the notice provides otherwise. No changes will be retroactive. Vugo will provide you notice of any changes by e-mail. It is your responsibility to monitor your e-mail and keep your contact information up-to-date with Vugo. You have the right to cancel this agreement at any time, subject to the cancellation and refund provisions in these Terms. Your continued use of Vugo’s services constitutes acceptance of these Terms and any modifications as described in this paragraph.
12. Vugo is not your employer. This agreement and your participation in Vugo’s Advertising Program does not create a partnership, agency, or joint venture.
13. Stuff Happens (Force Majeure) If either party is unable to perform any obligations dues to a condition beyond that party’s control (i.e. an act of war, terrorism, riot, Internet disturbance, natural disaster, or governmental action), that party will not incur any liability for the failure to perform.
14. Paragraph 4 and paragraphs 7 through 15 survive termination of this agreement.
15. In the event any one or more of the provisions of these Terms are invalid, illegal, or unenforceable in any respect, the validity of the remaining provisions shall remain in full force and effect. No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall be deemed as a waiver of such right, power, or remedy, or as a waiver of any other term, condition, or remedy.