Driver Policies & Compensation
Bluecar Policies and Procedures – Effective 10/15/2018
POLICIES AND PROCEDURES
When you extend your independent driving service into the on demand marketplace through Bluecar, you are making your company more powerful by joining forces with other exceptional independent companies like yours to form a highly accessible network of professionals. The face of transportation has changed. And today’s consumers are choosing networks they can tap into nationwide with the touch of a button. Not only are we committed to creating world-class technology that accommodates the way consumers now do business, we are also committed to maintaining your business autonomy, brand identity, and providing an exceptional opportunity for Drivers like you to extend your own independent driving services into the on demand marketplace. Towards that end, the Policies and Procedures outline rules that Independent Drivers must follow on Bluecar to protect that opportunity for everyone and to ensure that business is conducted with integrity.
POLICIES AND PROCEDURE CONTENTS
CHAPTER 1: INTRODUCTION
CHAPTER 2: BRINGING YOUR COMPANY ONTO BLUECAR
CHAPTER 3: INDIVIDUAL LIMITED TO ONE BLUECAR ACCOUNT
CHAPTER 4: DEATHS AND WILLS
CHAPTER 5: PROTECTING YOUR BUSINESS
CHAPTER 6: DRIVER CONDUCT
CHAPTER 7: DELIVERY OF SERVICE
CHAPTER 8: ADVERTISING AND MARKETING OF YOUR COMPANY WITH BLUECAR
CHAPTER 9: DISCIPLINARY ACTION AND DISPUTE RESOLUTION
CHAPTER 10: DISCLAIMERS
CHAPTER 11: ASSIGNMENT OR SALE OF DRIVER ACCOUNT. 21
POLICIES AND PROCEDURES
CHAPTER 1: INTRODUCTION
1.1 Policies Incorporated into Driver Agreement.
The Policies and Procedures, Compensation Plan, and Privay Policy (“Policies”), in their current form and as amended periodically at the sole discretion of CSR reConnection Technologies, LLC (“Bluecar”), are incorporated into the Bluecar Driver Agreement. This document covers teh Policies and Procedures. It is the responsibility of each Independent Transportation Service (“Driver”) to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. The most current version of the Policies is available online through the Bluecar Website and in your Bluecar Driver app. Any amendments to the Policies shall apply only prospectively, not retrospectively. Bluecar reserves the right to amend the Policies in its sole discretion. By executing the Bluecar Driver Agreement, each Driver agrees to abide by all amendments or modifications made by Bluecar. The continuation of a Driver’s on demand business through Bluecar following the effective date of amended Policies, including but not limited to a Driver’s acceptance of compensation under the Compensation Plan, shall constitute acceptance of all amendments to the Policies.
The Purpose of the Policies is to define the relationship between Bluecar and the Driver, to set standards of acceptable business practices and to support Drivers in building and protecting the on demand portion of their businesses in a manner that is in compliance with these Policies. Any violation of the Policies may result in harm to the business of other Drivers on the Bluecar platform. Violations, therefore, may result in action including probation, suspension and/or termination at the sole discretion of Bluecar, and depending on the severity.
1.3 Integrated Contract
Together the Driver Agreement and the Policies, as they may be amended, constitute the contractual agreement (“Contract”) between Bluecar and each Driver. The Contract sets forth the entire agreement between Bluecar and the Driver and supersedes any and all prior oral or written agreements or understandings between Bluecar and the Driver, including any representations by Bluecar or by Drivers not explicitly made in the Contract or in official Bluecar publications. The Contract may not be altered or amended, except as provided in the Policies, as amended from time to time, or by other written notice by Bluecar. Should any discrepancy exist between the terms of the Contract and verbal representations made to any Driver by any Bluecar employee, the terms and requirements of the Contract will prevail. Should any discrepancy exist between the terms of the Bluecar Driver Agreement and the Policies, the terms of the Policies will prevail.
1.4 No Waiver
Bluecar never forfeits its right to require the compliance of a Driver with the terms of the Contract, or with applicable laws and regulations governing business conduct. No failure by Bluecar to exercise any right under the Contract or to insist upon strict compliance by a Driver with any obligation or provision of the Contract shall operate as a waiver of Bluecar’s right to demand exact compliance with the Contract. The existence of any claim or cause of action of a Driver against Bluecar shall not constitute a defense to Bluecar’s enforcement of any term or provision of the Contract.
1.5 Policies and Provisions Severable
Any provision of the Contract that is judicially invalidated or otherwise rendered unenforceable in any jurisdiction is ineffective only to the extent of such invalidation or unenforceability in that jurisdiction, and only within that jurisdiction. Any prohibited, judicially invalidated or unenforceable provision of the Contract is severable and will not invalidate or render unenforceable any other provision of the Contract, nor will such provision of the Contract be invalidated or rendered unenforceable in any other jurisdiction. In the event any provision of the Contract is deemed invalid or unenforceable in any particular proceeding, such provision shall be reformed to effectuate its original intent and purpose to the fullest extent possible.
1.6 Notices and Other Communications
Any notice or other written communication required under this Contract shall be delivered personally, by email or mail. Unless otherwise provided in the Contract, such notice shall be deemed given when delivered personally or, if transmitted by email, one (1) day after the date of such email or, if mailed, five (5) days after the date of mailing, to the principal address of the Bluecar Corporate Office or to the Driver’s address. Notice to a Driver will be mailed to his or her address or email address of record with Bluecar. Bluecar shall have the right, as an alternative method of notice, to use mailers or other normal channels of mass communication with its Drivers. This provision does not apply to notice of amendments to the Policies, which are effective upon posting as described in Chapter 1.1 above. It is the sole responsibility of the Driver to maintain their correct address, email address, phone number and other contact information on file with Bluecar.
1.6.1 Automatic Opt-In by Drivers
When you create a Driver account, you are automatically opting in to receive email communications from Bluecar. Email communications are an essential part of our ability to communicate opportunities with you. You may opt-out at any time. However, opting out will impact your awareness valuable information released by Bluecar to Drivers who use our platform. Opting out has no impact our right to send a direct email that pertains only to you. Personal communications between Bluecar and yourself are not included in this policy.
CHAPTER 2: BRINGING YOUR COMPANY ONTO BLUECAR
2.1 Definition of an Independent Driver
Fully licensed and insured professional black car drivers who drive for a luxury private transportation service under their own operating license are the exclusive agents for providing transportation services on Bluecar’s platform. Such Drivers have the ability to operate with business autonomy on Bluecar and personally sell their services to customers. Throughout the Policies, the terms “Driver,” “Independent Driver,” “you,” and “Transportation Service” shall refer to any person who has agreed to the Driver Agreement by creating a Bluecar Driver account and using the platform as a driver.
2.2 Requirements to Become an Independent Driver with Bluecar
In order to become a Driver, you must:
Be at least 18 years of age;
Operate or drive for a luxury transportation for hire service in any of the 50 U.S states;
Prove the legitimacy of the for-hire-service you work for by uploading your company’s official documents into your driver profile
Agree to use a standardized Market Rate for each trip you perform.
Creating an account and logging in to do business constitutes your agreement with Bluecar, and acknowledges your understanding that you must adhere to the Bluecar Policies, which are incorporated into the Driver Agreement as part of the Contract. Providing false information in your Driver account may result in the immediate suspension of your Driver account until the issue is corrected.
2.3 Rights and Privileges of Drivers
Once Bluecar receives and accepts a Driver Agreement, which is executed automatically by creating a Driver account, the Driver enjoys the following rights and privileges:
To do business on Bluecar under one’s own company brand;
To earn Trip Fares on each trip;
To earn Royalty Fees on trips your referred customers take;
To participate in Incentives and Bonuses, if eligible;
To receive Bluecar communications, market research and literature;
To enjoy limited license to display and use Bluecar trademarks, trade names, or corporate logos upon Bluecar approval.
2.4 Renewal of Documents
Drivers must maintain proper licensing and commercial insurance to cover riders under their care. Upon discovery of an expired document, Drivers must correct the issue within 10 days. If the issue is not corrected within 10 days, Bluecar may, in its sole discretion, freeze the activity of the Driver preventing such Driver from going online to be accessed by his or her customers.
Driver accounts are never deleted for expired documents. If an individual’s account is frozen as a result of a failure to correct expired documents within the 10 day grace period, the individual need only to upload new documents to be restored. History, client followers, profile and preferences will all be retained and business can resume immediately.
2.5 Change of Contact Information
Version 1.0 of the Bluecar technology does not allow you to change your phone number or your email address. If you need to update your contact information, contact Bluecar support with your changes.
2.6 Changing Referrals
Bluecar does not permit Riders to change referring Driver. If a client of yours is referred to Bluecar by a different driver, that other driver will receive the royalty fee every time that rider performs a trip through Bluecar. However, a Rider may choose to create a new account with a new phone number and a new email in order to credit you with their business on our platform if they choose. Riders cannot create multiple accounts using the same phone number or email address. They would only be able to create a new account upon receiving a new phone number and email and using them to create a new account.
2.7 Position Roll‐Ups
Drivers who retire do not lose the royalty fees from riders they referred to Bluecar. Royalty fees are paid for life as compensation for taking part in the resurgence of the black car industry. However, Drivers who request to have their accounts removed from our system entirely will forfeit the ongoing royalty fees from riders they referred to Bluecar. In such a case, Bluecar retains the royalty fee. In the event of death, Drivers must include their driver account as an asset to be willed to a spouse or family member in order for that family member to receive the royalty fees in their own name. See Chapter 4 for more information on passing on royalties.
CHAPTER 3: INDIVIDUAL LIMITED TO ONE BLUECAR ACCOUNT
3.1 One Bluecar Account per Individual
A Transportation Service shall only participate directly in the operation and development of one Driver account per Driver with Bluecar. Each driver account has a unique user ID. A Driver shall not outsource or subcontract the use of his or her individual driver account to a different driver. Business owners, however, may assist their employees and partners within the same company, as is appropriate for an employer assist their Drivers. An exception to this restriction is if the Driver is serving as a trustee on another Driver (refer to Chapter 4: Deaths and Wills – for details). Bluecar will only accept a Driver account in the name of the individual who is named in it. Accounts in the name of a corporation, partnership or business entity will not be accepted without also including the name of a specific Driver within that entity to whom the account is designated. For a company with multiple Drivers, each Driver must create their own unique account.
3.2 Determination and Penalty for Multiple Accounts
If an individual is found to possess two or more Driver accounts simultaneously, the first account will be considered the valid account unless the existence of the second account was made known to Bluecar in writing prior to its creation. If Bluecar determines that an individual is operating two or more active Driver accounts without notification in writing, subsequent accounts may be removed and all royalties from referrals associated with the subsequent account(s) may become property of Bluecar. If a Driver changes companies, branches off to become independent, or moves to another state to continue driving, contact us and we will help you adjust your original Driver account to reflect those changes.
CHAPTER 4: DEATHS AND WILLS
4.1 Handling of Royalty Checks in the Event of Death
In the event of the death of a Driver, Bluecar will continue to issue royalty checks to the Driver Account until Bluecar receives evidence of the passing along with copy of a Power of Attorney giving the spouse, next of kin, or the individual named in the driver’s will the authorization to make changes to the driver’s account. In the event of a change of ownership due to death, the Driver’s Account will be marked as Inactive disabling ride functions while the royalty checks will continue to be distributed to the new account-holder. Since we pay by direct deposit, this may not affect the spouses of deceased drivers who shares a common bank account until the name of the driver is removed from the bank account. Once the authorization to change ownership has been presented, a temporary hold may be placed on the Driver account until Bluecar processes the changes. Neither Bluecar nor its employees shall be liable for any loss, damage or injury resulting from Bluecar’s compliance with the legal process pursuant to this section. Any change of the ownership of a Driver accounts in the event of a death must adhere to the Bluecar Policies in order to be enforceable by Bluecar.
4.2 Retiring Drivers
If a Driver retires from driving, he or she may request their account to be made Inactive to reflect the retirement. Royalty checks will continue being direct deposited to Inactive Driver accounts. However, the details of Name, Contact Information, and Bank Account or Debit Card Information will be frozen and only adjustable by our administrative staff, and only by the owner of the account. The exception to this is chapter 4.1 above relating to power of attorney. If a Driver has retired and become Inactive, he or she is free to continue inviting new referrals as a means of increasing the royalty check they receive.
CHAPTER 5: PROTECTING YOUR BUSINESS
5.1 Driver Accounts under a Corporation or Limited Liability Company (LLC)
Bluecar recognizes that there may be certain advantages to operating as a corporation or as a limited liability company (LLC). To do this, form the Corporation or LLC on your own, and enter that name on your Driver account under “Company Name.” You may also wish to file a DBA (Doing Business As) locally in order to operate under a name that is different than your Corporation or LLC name. When you open a Driver account with Bluecar, it is not you, the Driver, who is doing business with Bluecar. Rather, it is your Company that is doing business with Bluecar. Therefore, protecting your interests is easy and involves no help from us. However,
The name of the corporation or LLC may not be the same or similar to any Bluecar trademarks, service marks, product names, logos, slogans, taglines, or any other proprietary name or phrase owned or used by Bluecar (for questions concerning this requirement, contact the Bluecar Legal Department);
The Driver account must remain in an individual’s name
The Driver must contact us upon forming such an entity, if the earnings of the Driver will be reported under a different Tax Identification Number. If the Driver account was assigned to an individual for a portion of the year, then the earnings will be reported partially to the individual and partially to the corporation.
Drivers must obtain third party commercial livery insurance to operate as a vehicle for hire service. We do not provide commercial insurance for drivers, or to cover riders, nor do we carry business insurance on behalf of Drivers to mitigate their risk.
5.3 Assumption of Risk
A Driver understands that while doing business with customers on Bluecar, the Driver does so as a part of his or her own independent business and not in any manner as an employee, agent, independent contractor, sub-contractor, or functionary of Bluecar. The use of a mobile app while driving does carry risk, and a Driver understands and accepts the risk personally. The Bluecar mobile app is designed to be minimally invasive and to require no interaction while the vehicle is in motion. A driver’s choice to interact with the Bluecar mobile app while in motion is entirely the Driver’s choice and each Driver assumes full liability for such decisions. This assumption of risk is not affected by whether or not the Driver is online or offline, with a customer or alone. The Driver assumes all risk and responsibility for such travel.
CHAPTER 6: DRIVER CONDUCT
6.1 Drivers are Customers
Drivers are Customers, not employees or Independent Contractors of Bluecar. As customers, you and your company are licensing the use of a Driver Account and the use of our mobile app on a per-transaction basis. Drivers may not do anything that would lead someone to believe that they are an employee or an agent of Bluecar. As a customer and licensee, Drivers are responsible for the following:
Operating as an independent business entity by maintaining proper licensing and commercial insurance to cover riders under their care.
Going online /offline to indicate availability
Conducting day-to-day business operations of their own transportation service; and
Reporting to the IRS any income earned from through Bluecar.
The services performed by you, as an independent transportation service, are performed pursuant to the Contract between you and Bluecar, and such Contract provides that you will not be treated as an employee with respect to such services for Federal tax purposes.
6.2 Drivers Must Identify Themselves as Independent Drivers
When a Driver uses his or her name on business cards, checks, advertising, social media, websites, email correspondence, on the telephone or any other communications related to his or her business, it must be as a representative of the Driver’s own company. Drivers may make claims to the effect that they can be found on Bluecar or that they do business on Bluecar. However, Drivers may NOT make claims to the effect that they Driver for Bluecar, are a “Bluecar Driver”, or in any way associate the Driver’s business dealings with Bluecar beyond being a method of booking on demand rides with the Driver’s company.
6.3 Drivers Must Follow All Laws
Drivers are responsible for complying with all local, state and federal laws and regulations concerning the operation of an independent Luxury Transportation for Hire Service, marketing and selling practices, and the delivery of service. Drivers should familiarize themselves with the applicable local, state and federal laws and regulations that affect the operation of their independent Transportation Service. Bluecar shall not be liable for any conduct of Drivers contrary to such laws and regulations.
6.4 Truthful and Ethical Conduct
All statements made by Drivers regarding Bluecar, the opportunities we create, past earnings, or experiences must be truthful, ethical, accurate and not misleading. Drivers shall always conduct their business in an ethical manner and in compliance with the black car industry’s friendly culture, and all local, state and federal laws and regulations.
6.5 Complaints or Concerns
Bluecar values constructive comments and input from Drivers, and in part relies on Drivers to report Driver conduct that could detrimentally affect its business, the business of other Drivers or the reputation of Bluecar. Bluecar encourages all complaints or concerns regarding other Drivers to be reported Jeff@myBluecar.com.
6.6 Professional Conduct and Business Practices
Drivers shall use their best efforts to promote the positive reputation of Bluecar, its features, its opportunities and the Drivers who do business on our platform. Drivers are prohibited from sending text or email invites to members of the public whose contact information you do not have permission to use. Drivers may not purchase email lists or phone numbers to send mass invitations in an attempt to earn more royalties. Drivers must always conduct themselves in a professional, ethical, courteous and considerate manner when presenting their services to prospective customers through Bluecar. All presentations and communications regarding the Bluecar mobile application or the opportunities we present must be complete and truthful (i.e., any Bluecar‐published literature, presentation of the most current Bluecar Income Disclosure Statement or average income earned by Active Drivers, etc).
6.7 Disruptive Conduct
If a Driver behaves in a manner that, in the sole discretion of Bluecar, causes disruption to the conduct of the normal business of Bluecar or that of any Driver on our platform – or that is injurious to the image or reputation of Bluecar or that of any other Driver – then they are in violation of these Policies.
6.8 Actions of Household Members
Every Driver is responsible for the actions of his or her immediate household members. If any such household member uses the Driver’s referral code or attempts to promote the Driver’s business and, in doing so, engages in any activity, which, if performed by the Driver, would violate the Driver Agreement and/or the Policies, the activity will be considered a violation by the Driver. Bluecar may take action pursuant to the Contract as well as any other legal remedies against the Driver.
6.9 News or Media Inquiries
Drivers who receive media inquiries relating to Bluecar, the Bluecar mobile app or Driver opportunities, must speak only as a user of the technology and not as a representative of Bluecar. Drivers must defer all media inquiries regarding a Bluecar representative or employee of Bluecar to the Bluecar Point of Contact at Jeff@myBluecar.com. This may include, but is not limited to: programs aired on television, radio, podcasts and printed material with local or national circulation. Unwanted, inaccurate, or unauthorized commentary by Drivers to the media may result in the immediate suspension or termination of your Driver account, at the sole discretion of Bluecar.
6.10 Commingling Bluecar with Another Enterprise, Service or Other Activity
Drivers may participate in other Transportation App Services or direct business as a Transportation for Hire Service outside of Bluecar if they choose. However, Drivers are prohibited from mixing the Bluecar business opportunity with another business opportunity (for example, using the Bluecar mobile app to receive a ride request, then canceling the request in order to accept direct payment for your services).
Bluecar may, at a time in the future, enable networking between Drivers in order that drivers may establish micro-networks within the larger Bluecar network. Some drivers may be employees of another Driver’s service. During the course of the term of this Contract, Drivers may not use Bluecar’s networking capabilities as a means of recruiting drivers from one company to come and work for your company.
6.12 Confidential Information
In connection with a Driver’s business through Bluecar, Bluecar may make available to Drivers certain information and reports regarding Bluecar’s business, trade secrets, intellectual property, its network, identity and contact information of Drivers, Customers, a Driver’s personal sales volume, Driver achievements, and other information needed to run and grow the Driver’s business (collectively, “Confidential Information”). Drivers hereby understand and agree that Confidential Information belongs solely and exclusively to Bluecar and constitutes its proprietary business trade secrets. Drivers have no claim, right, or title to any Confidential Information and may only use it for their own information when Bluecar shares it with such Driver personally. Such Confidential Information is provided to Drivers in strictest confidence and is made available to Drivers for the sole purpose of assisting Drivers in their on demand businesses through Bluecar. Drivers acknowledge that, for this agreement of confidentiality and nondisclosure, Bluecar would not provide Confidential Information to Drivers who are not the intended recipient.
To protect Confidential Information, Drivers shall not, on his or her own behalf or on behalf of any other person or entity, directly or indirectly:
disclose or disseminate any Confidential Information to any other person or entity;
provide access to any password‐ protected section of the Bluecar website containing Confidential Information to any other person or entity, including providing any password to such section to any other person or entity;
use Confidential Information for any purpose other than the conduct and promotion of the Driver’s Bluecar business as contemplated in these Policies and the Contract, including but not limited to recruiting any Bluecar Driver for any Competing Activities or competing in any way with Bluecar; or
use Confidential Information to attempt to influence or induce any Driver, Customer, or employee of Bluecar to cease or alter his or her business relationship with Bluecar.
Upon the cancellation or termination of the Contract, regardless of the reason for such cancellation or termination, a Driver shall immediately return to the Company any and all Confidential Information in his or her possession, custody, or control, including all copies of documents, files, or other media containing any Confidential Information and any derivative thereof. This requirement applies automatically and is not dependent on any demand being made by Bluecar. Each Driver stipulates that if he or she violates the terms of this section, Bluecar will be irreparably harmed and calculation of the full extent of Bluecar’s damages will be difficult. Driver therefore understands that Bluecar shall be entitled to immediate temporary, preliminary, and permanent injunctive relief against Driver and all those acting in concert with him or her to prevent and enjoin any violation of this section. This remedy is in addition to any other legal remedies to which Bluecar may be entitled, including disciplinary sanctions under the Contract and recovery of damages caused by a Driver’s breach. The provisions of this section shall survive termination of the Contract.
CHAPTER 7: DELIVERY OF SERVICE
7.1 Unauthorized Services
Bluecar places some limitations on the manner in which Drivers may deliver service to consumers. These unauthorized services include, but are not limited to the following:
Drivers are asked to take a reasonably direct route. While we do understand that slightly longer routes may be necessary to avoid traffic jams or otherwise deliver a faster time of arrival, taking unreasonably long routes in order to inflate the total price of service is not permitted.
Drivers are allowed to receive gratuity through cash, Venmo, Zelle or other methods including the Driver’s own payment processor (e.g., square). However, demanding additional payment on top of the regular fare is not permitted.
Pursuant of section 3.1 – One Driver per Account – Drivers are not allowed to drive using another Driver’s Account to fulfill ride requests. Transactions by unauthorized Drivers are not permitted.
Doing any of the above violations may result in a phone or email from a Conflict Resolutions Specialist with Bluecar. The Conflict Resolutions Specialist will reach out only if the rider filed a complaint. The Specialist will attempt to authorize a financial adjustment on behalf of the Driver in favor of the Customer by deducting an adjustment from the Driver’s earnings to compensate the customer for the overage charge. If the Driver authorizes it, Bluecar will facilitate the partial reimbursement on behalf of the Driver’s transportation service in a tactful way that maintains the Driver’s reputation. If the Driver does not authorize the resolution, Bluecar may, at its own discretion, choose to reimburse the customer out of its own funds. If that happens, we will facilitate the partial reimbursement on behalf of Bluecar in a way that maintains Bluecar’s reputation with the customer. Depending on the severity and nature of the complaint, we may also recommend to the customer that they not continue doing business with the Driver. In order to prevent damage to your reputation, or to your on demand business through Bluecar, we recommend that you do not participate in the unauthorized services above.
7.2 Reporting Adverse Reactions or Consumer Complaints
As a private business, your choice to deliver poor service is exclusively a reflection of your business and only harms you to the extent that a customer may choose to avoid your services in the future. In extreme cases, such customers may alert their friends to your poor practices. However, if there is an excessive trend of consumer complaints, we may provide first-time riders with a review of your services. That review may have an adverse, and possibly catastrophic, impact on your business. We do not take pleasure in harming an independent business, but we must guard the reputation of the Bluecar platform and maintain the opportunity other Drivers have to earn business through it.
7.3 Sales Tax
Bluecar does not have a process for charging sales tax since sales tax on transportation is not required in Texas. If you are attempting to use Bluecar in a state that does charge sales tax for transportation we will need to work out a separate arrangement with you until our software supports sales tax automatically. When that upgrade is made, sales tax will be included in your earnings and you are responsible for paying those to your state as an independent business.
7.4 Insufficient Funds
If a Rider’s credit card does not go through or if they have insufficient funds to cover the full payment, we will make every reasonable attempt to pay you the amount due to you regardless. In such cases, we accept the burden of collecting the outstanding balance from the customer so that you can focus on driving. If we are unable to collect at all, we will take the loss while you still receive payment for services.
7.5 Earnings Periods
For the purpose of contests, incentives, and bonus periods, the calendar year is divided into twenty‐six (26) earnings periods. Earnings periods end on the 1st and the 16th of each month. Contests will run for at least 1 earnings period with larger incentives stretching over many earnings periods.
CHAPTER 8: ADVERTISING AND MARKETING OF YOUR COMPANY WITH BLUECAR
8.1 Driver Advertising in General
What follows are general principles to help guide Drivers in the decisions they may make regarding advertising and promotion of your company or your Bluecar driver referral code or by using Bluecar’s trademarks or logos (the “Marks”). Bluecar considers any direct or indirect statement or graphic using its name, logo, or trademarks or regarding its Technology, results of its Technology, its opportunity, and results with its opportunity to be forms of advertising covered by this Chapter.
Drivers may utilize various forms of advertising using our Marks so long as their business activities comply with all terms of these Policies and all local, state and federal laws and regulations.
8.2 No Deceptive or Misleading Advertising
It is the obligation of each Driver to ensure that all advertisement activities involving Bluecar Marks are truthful, not deceptive and do not mislead customers, or potential customers, in any way. Advertisements and marketing activities should be professional and appropriate. Any Driver who engages in abusive language or inappropriate conduct that causes disruption to the normal business of Bluecar or that of any Driver, or that is injurious to the image or reputation of Bluecar or that of any Driver is in violation of these Polices.
8.3 Professionalism in Advertising
When a Driver representing their own company associates themselves with Bluecar, whether in person or in a social network community, they must be respectful and conduct themselves professionally with the understanding that their actions impact their brand as well as ours. Drivers must promote Bluecar as a separate entity from their own and must not represent themselves to be an agent or spokesperson for Bluecar. All promotion must be done in an appropriate manner to maintain brand integrity.
When promoting Bluecar as a byproduct of promoting that your own company can be found on Bluecar, Drivers must avoid using abusive language, inappropriate conversations, comments, images, video, audio, or any other adult, profane, offensive, hateful, threatening, harassing, defamatory, discriminatory, vulgar, or unlawful content (“negative activity”). The same is true when promoting Bluecar as a byproduct of promoting your referral code. It is within Bluecar’s sole discretion to determine what is negative activity. Negative activity and potential violations of these Policies may be reported directly to the CEO at , including detailed descriptions, links, and screenshots.
Bluecar considers any statement or assertion about its Platform or its services, use of its Platform, results on its Platform, its opportunity, and results with its opportunity to be a claim within the scope of this Chapter. When discussing or promoting Bluecar in any way, Drivers may make only those claims or representations found on sales aids, the Bluecar Website or in current literature published by Bluecar. Drivers may describe, in general terms, the positive impact Bluecar has had on their own business or the positive results they have personally experienced from using the Bluecar mobile app so long as the statement is truthful, accurate, not misleading to a consumer.
8.4.1 Income Claims
Drivers may not make future income projections or income claims regarding the amount of money they or others may expect to earn through the Bluecar Compensation Plan. Drivers may not make any statement about their Bluecar income or the Bluecar Compensation Plan that is untrue, misleading or based upon any experience other than the Driver’s personal experience. When speaking about other Drivers or other Regions of the US, Drivers must provide the complete, current Bluecar Income Disclosure Statement, which will be written and presented on the Bluecar website as it is created at some time in the future. Drivers must clearly disclose that success as a Driver through Bluecar depends on a number of factors, including effort exerted by the Driver, talent and likeability of the Driver and the area in which the Drive lives. For more information regarding earnings, watch our website in the coming months for the release of our first Bluecar Income Disclosure Statement.
8.5 Advertisements Must Identify the Driver
When advertising using the Bluecar trademarks, logos, referral codes, or other identifying marks, Drivers must clearly identify themselves as a representative of their own private business under their own company name. Drivers may also identify themselves as “a Driver in the Bluecar Network,” but may not identify as “a Driver for Bluecar.” This is true for all advertisements, including but not limited to, social media posts, YP and other directory ads, Google listings, Adwords, SEO results and websites. Drivers may not under any circumstances represent themselves, either explicitly or implicitly, as an agent, employee, independent contractor, sub-contractor, or other representative of Bluecar as a company. All advertisements and marketing, including telephone calls, websites, or emails, must not indicate or suggest that the recipient has reached the Bluecar Corporate Office.
8.6 Drivers Must Not Advertise Rates
In order to maintain Bluecar’s premium brand image, business goodwill, and the integrity of its network, all Bluecar‐related public marketing regarding price, rates, discounts, etc., is reserved for Bluecar. Advertising service discounts or free service in association with the Bluecar mobile app is prohibited.
8.7 Combined Business Advertising
Advertisements and marketing may not be combined, commingled, or in any way cross‐promoted with any other products or business ventures that are not officially associated with Bluecar. Advertising other companies, opportunities, or services – besides your own transportation service – while advertising Bluecar is prohibited.
8.8 Company‐Created Advertising Materials
On occasion Bluecar may itself produce materials, videos or sales aids and make them available for use by Drivers. Generally, if a logo, graphic or Bluecar Sales Aid is intended for Driver use, it will be posted or made available for download on the Driver Website after login. These company‐created materials may not be edited or manipulated in any way except as intended (e.g., the addition of your referral code).
8.9 Use of Logos, Trademarks and Copyrighted Material
Bluecar owns all Bluecar trademarks, trade names, logos and copyrighted images and content. Drivers may not use Bluecar trademarks, trade names or corporate logos without express written approval from Bluecar. Company-created materials automatically constitute written approval.
8.10 Use of Names, Likenesses or Images
Drivers are prohibited from using the name, testimonial and image or likeness of other Drivers or Riders without express written consent from those Users.
8.11 Marketing to Minors
It is at the sole discretion of the Driver and the parents of each minor as to whether such minor uses Bluecar. At this time, Bluecar does not issue waiver forms to parents of minors enabling them to give permission to their children to use Bluecar. Our rider policy requires consumers to be at least 18 years of age. Any legal repercussion from a legal guardian of a minor against a Driver who willingly and knowingly transported a minor are the sole responsibility of the Driver.
8.12 Mass Media Advertising
Subject to the other terms of this Chapter, Drivers are permitted to advertise to the effect that they, and their local business, can be found on demand through Bluecar. Drivers may also present their referral code on social media and other social platforms. Drivers may not advertise as an agent or representative of Bluecar.
8.13 Advertisements and Marketing Must Abide By the Law
Promotion of Bluecar services and the opportunity our marketplace presents to drivers by Drivers is considered commercial speech, or speech done on behalf of a company or individual for the intent of making a profit. This type of speech has the intent of convincing consumers to take part in a particular action, such as using Bluecar to hail a ride or otherwise engaging with Bluecar. This commercial speech must be truthful, and must not be deceptive or misleading to the reasonable consumer. Government agencies have established guidelines and rules for what may and may not be communicated in commercial speech, and even a Driver’s personal experience may not conform to these guidelines. Drivers are responsible for complying with these legal requirements as well any relevant local, state and federal laws and regulations if they wish to do such advertising and marketing.
8.14 Use of Personal Independent Websites
Drivers are encouraged to own, establish and/or operate their own independent websites to market their own independent services. Using your website to promoting the fact that you can be found on demand through Bluecar is perfectly acceptable so long as you follow the guidelines presented here.
8.15 Bluecar‐Related Domain Names and Email Addresses
Drivers are not permitted to own, create or maintain domain names, email addresses and/or online aliases that utilize Bluecar’s trademarks or tradenames, could cause confusion, be misleading or deceptive to consumers by appearing to be connected to the Bluecar Corporate Office. Bluecar will determine, in its sole discretion, whether such could cause confusion or is misleading or deceptive.
8.16 Unsolicited Communications
Drivers associating themselves with Bluecar must comply with the requirements of the CAN‐SPAM Act, related FTC regulations, and any other applicable laws or regulations. Appropriate communications must clearly disclose that the message is an advertisement or solicitation and identify the Driver and their private business as the sender, and must include a functioning return method of communication to the sender. The communication must also include language describing a method by which the receiving party may “opt‐out.” All “opt‐out” requests must be honored. Failure to honor within ten (10) business days of receiving the request is a violation of these Policies.
8.17 Web Applications (“Apps”)
Drivers are prohibited from owning, establishing and/or operating their own independent App(s) to market or sell services related to Bluecar, gain leads or offer training.
8.18 Sponsored Links on the Internet
To avoid brand confusion and protect brand reputation, and in fairness to all Drivers, Drivers are not permitted to purchase sponsored Bluecar related advertisements on other websites or social media.
8.19 Social Networking and Social Media
Drivers may use social media and networking sites, online forums, discussion groups, blogs, webinars and other forms of internet communication to find new prospective customers. These online social networks may be used to drive traffic to the Driver. Social Networks include such sites as Facebook, Instagram, Twitter, YouTube, Snapchat, Pinterest, Flickr, LinkedIn, Google+, Tumblr, etc. It is the Driver’s obligation to ensure that all content they post on social networks is current and that any old content that is out of compliance with any terms of the Policies is immediately and permanently removed. Drivers who use social networking sites must also comply with the rules associated with that particular website or network.
8.20 Drivers are Responsible for Their Postings
Drivers are personally responsible for their postings and all other online activity related to Bluecar. Therefore, even if a Driver does not own or operate a social media site, if a Driver makes a post that relates to Bluecar, or which can be traced back to Bluecar, the Driver is responsible for the posting. Drivers are also responsible for postings which occur on any blog or social media site the Driver owns, operates or controls.
8.21 Team Business Training and Discussion on Social Media
A Driver may create Driver team training pages or discussion pages on private forums such as social media accounts with appropriate privacy settings, which includes invite‐only group pages or personal pages closed to the public. The intended audience of these pages must only be active Drivers, not consumers or the public at large.
8.22 Use of Videos on Social Media
Drivers are encouraged to use Bluecar corporate videos to advertise or promote the platform as a way to increase the use of their referral code. Bluecar corporate videos must be re‐posted in their entirety and may not be modified in any way.
The disclaimers required in this Chapter must be provided in their entirety in the video, either verbally or displayed in writing, for a reasonable amount of time in order to enable the viewer the ability to review the information. It is the responsibility of the Driver to ensure any of the material he or she is recording or providing is current and in compliance with these Policies, as well as any local, state and federal laws and regulations. No other videos are approved for Driver use to promote the Driver’s on demand business through Bluecar and, as such, Drivers may not create videos that combine personal material with Bluecar trademarks or Bluecar content except as provided below.
8.22.1 Personal Videos on Private Forums
Drivers may create personal videos that use Bluecar trademarks or Bluecar content solely for the purposes of training current Drivers. The intended audience of these videos must be current Drivers, not consumers or the public at large. They may only be shared on private forums such as social media accounts with correct privacy settings, which may include invite‐only group pages or personal pages closed to the public. At any time, Bluecar may request access to a private forum in which statements about its platform or services are discussed. The Driver who has the ability to grant access is required to immediately provide Bluecar with entry to the forum. These videos must be in compliance with these Policies and must contain the following disclaimer, spoken and/or in writing: This type of video is not sponsored or endorsed by Bluecar. The information and views in it are provided by an independent Driver who uses Bluecar to be viewed by other independent Drivers. It may not be shared with the public or with any Driver outside of the black car industry.
18.104.22.168 Business Training Videos
Any video that discusses opportunities related to Drivers who use Bluecar and/or explicitly or implicitly makes an income or lifestyle claim must use this additional disclaimer: Personal testimonials reflect individual experiences of independent Drivers who use Bluecar as an extension of their normal business and are not necessarily typical of the results you may obtain. Earnings depend on a number of factors, including your individual effort, your talent, your likeability, your business prowess, and the area in which you live. For more information regarding earnings, see the Bluecar Income Disclosure Statement.
8.22.2 Personal Videos on Public Forums
Drivers may post personal videos of their own or video clips to share their own story without using Bluecar trademarks or content.
8.22.3 Video Streaming
Streaming services, such as Facebook Live, may be used by a Driver to share their experiences on Bluecar with other drivers, with customers and with prospective customers on public forums. Once the video is saved, it is considered a video subject to the requirements in this Chapter and may only stay on a private forum. Video streaming that is advertised or promoted in advance as a Bluecar‐related training or webinar may only be hosted on a private or invite‐only forum.
CHAPTER 9: DISCIPLINARY ACTION AND DISPUTE RESOLUTION
9.1 Notice of Disciplinary Action
Should it become necessary for Bluecar to place on probation, suspend, or terminate a Driver account, the probation, suspension or termination becomes effective on the date Bluecar sends notice to the Driver against whom disciplinary action is taken. Unless required by law, we will not suspend Driver accounts without notice or without providing enough time to correct the issue and avoid suspension altogether.
The notice will be sent to the Driver’s email address of record (See Chapter 1.6: Notices and Other Communications).
9.2 Reasons for, and Forms of Disciplinary Action
The Policies are in place to protect Bluecar and the opportunity we create for all Drivers. Violations of the Policies are considered extremely serious and may subject a Driver to disciplinary action, at the sole discretion of Bluecar.
9.2.1 Reasons for Action
As an independent business, you are not our responsibility and, therefore, we will not attempt to control your business practices, processes, or ethics. The primary reasons for taking action, then, will be to protect the opportunity of other Drivers and of the Bluecar brand reputation. Reasons like:
Inappropriate or misleading use of Bluecar Marks (ref. Chapter 8)
Using our technology to violate the CAN-SPAM Act
Claiming to be a Bluecar representative during media inquiries.
Using the technology to harm the business of other Drivers on the platform
Slandering Bluecar or other Drivers on the platform
Associating Bluecar with inappropriate material or subject matter
9.2.2 Forms of Action
Bluecar may attempt to address a violation by counseling the Driver; however, depending on the particular situation, more severe disciplinary measures may be required including, but not limited to, the following:
Legal Hold: a period of time in which a Driver’s account is frozen during an investigation of a possible Policy violation. During this time, the Driver will not be able to go online to receive ride requests. Bluecar agrees to investigate the violation within a reasonable amount of time and release the legal hold upon the determination that the Driver’s conduct is not subject to further disciplinary action. Royalties will not be withheld during this time unless the specific violation was regarding an attempt to earn more royalties through a violation of the CAN-SPAM Act. Forfeited royalties may be retained by Bluecar while the Legal Hold is pending investigation unless and until the Driver is found not at fault and then the compensation may be returned to the Driver upon request;
Warning: issued to clarify the meaning and application of a specific Policy and advise that continued violation will result in further action;
Probation: a defined period of time in which the Driver is considered not in good standing, but may continue to conduct their on demand business through Bluecar, unless otherwise communicated by Bluecar, including giving rides, inviting users, and engaging in self-promotion.
Suspension: a defined period of time where, or until certain specified conditions are met, a Driver is considered not in good standing. During a suspension the Driver’s account is frozen and all rights to conduct the Bluecar business and participate in Driver events, along with any eligibility for earning incentives and compensation are revoked. Withheld compensation that would have been earned by the Driver during the suspension period may be forfeited depending on the nature of the suspension, and may be retained by Bluecar; or
Termination: the complete cancellation of a Driver Agreement and revocation of the Driver’s rights, including the right to receive any further compensation accruing after the termination date. Termination is not our goal and will only be the result of the most extreme and blatantly intentional violations leading Bluecar to believe it is not a behavior that can be corrected through the clarification of a policy. Upon termination, the Driver may no longer do business on the Bluecar platform. Bluecar reserves the right to recoup damages and pursue legal action for violation of its Policies or its Driver Agreement.
Notwithstanding the foregoing section, any probation, suspension or termination invoked by Bluecar becomes effective on the date Bluecar sends notice to the affected Driver(s). The notice will be mailed and/or emailed to the Driver’s physical address and/or email of record with Bluecar. Legal holds are the exception to this notification process as they are the most minor forms of disciplinary action, and will be effective immediately with or without notification.
9.3 Procedures for Appeal
A Driver may appeal the withholding of compensation, probation, suspension or termination by sending a written explanation to Bluecar addressing why the disciplinary action should not be taken. In order to be considered, appeals must be sent to the Bluecar CEO at Jeff@myBluecar.com. Appeals must be received by Bluecar no later than twenty (20) days from the date of the notice of disciplinary action. Any sanction(s) shall remain in place during the appeals process. Bluecar will review all timely appeals and notify the Driver of the final decision. The appeal decision is final and is not subject to further review.
9.4 Pre‐Cancellation and Post‐Cancellation Slander, Libel or Disparagement
A Driver or former Driver shall not slander or libel Bluecar at any time. A Driver or former Driver also shall not disparage Bluecar or its current Drivers during the period of any disciplinary actions pending against the Driver, and for a period of one (1) year following the conclusion of their last activity on Bluecar. This provision shall survive termination of the Contract.
9.5 Post‐Termination Reapplication
If a former Driver who has been terminated by Bluecar seeks to once again license the use of a Driver account and do on demand business through the Bluecar platform, that individual must start from scratch. At that time, the Applicant must submit a letter to the Bluecar CEO at stating why he or she should be allowed to operate their business on Bluecar again. It is within the sole discretion of Bluecar whether or not to permit the individual to license the use of our software a second time. If approved, the individual will have no right to his or her original royalties, nor will customers who had previously favorited the driver see the new account in their favorite drive’s list. Such Drivers must execute a new Driver Agreement and start from scratch. If a former Driver’s reapplication is denied, then the former Driver must wait a full calendar year before following the same reapplication process set forth above.
CHAPTER 10: DISCLAIMERS
10.1 The Technology
The following disclaimers are made on behalf of Bluecar, our affiliates, and each of our respective officers, directors, employees, agents, members and consultants.
Bluecar is a brand new technology and, as such, may be imperfect. The Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Bluecar Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
We do not warrant that your use of the Bluecar will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in Bluecar will be corrected, or that Bluecar is free harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the BlueCar Platform or Services.
We have no control over the quality or safety of the interaction that occurs as a result of this technology. We cannot ensure that a Passenger will complete an arranged transportation service.
We cannot guarantee that each rider is who he or she claims to be. Please use common sense when using Bluecar as you do in your own private business. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of Bluecar by persons under the age of 18 in violation of their user Agreement. We encourage you to communicate directly with each potential rider prior to providing service.
Bluecar is not responsible for the conduct, whether online or offline, of any User of Bluecar. You are solely responsible for your interactions with other Users. By using Bluecar, you agree to accept such risks and agree that Bluecar is not responsible for the acts or omissions of its users.
Location data provided by Bluecar is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither BlueCar, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by Bluecar. Some of your Information, including geolocational data, may be accessible to Bluecar and certain users of the Bluecar mobile application.
10.2 Apple Product Users
This paragraph applies to any version of Bluecar that you acquire from the Apple App Store. This Agreement is entered into between you and Bluecar. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to Bluecar. Bluecar, not Apple, is solely responsible for the Bluecar technology and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
10.3 Waver of Remedies
To the fullest extent permissible under applicable law, neither Bluecar nor any of its officers, directors, managers, employees, agents, or affiliates shall be liable to any Driver or anyone else for any indirect, consequential, incidental, special, or punitive damages that arise out of or relate to the licensing of a Driver account, including but not limited to: alleged damages relating to delays or failures with regard to the account activation, and quality of the Bluecar application; the payment or non‐ payment of compensation under the Compensation Plan; and any information provided by Bluecar to Drivers, including information relating to earnings, and other similar information. Neither Bluecar nor any of its officers, directors, managers, employees, agents, or affiliates shall be liable under any theory for any condition or circumstance caused by force majeure, including but not limited to strikes, labor difficulties, riots, war, fire, natural disasters, death, curtailment or interruption of a source of supply, or government decrees or orders.
CHAPTER 11: ASSIGNMENT OR SALE OF DRIVER ACCOUNT
11.1 Assignment or Sale of Driver Account
No Driver may sell, assign or encumber any interest in the assets of their Driver account, without the prior written consent by the Bluecar Legal Department, which may be denied in the sole discretion of Bluecar. If a Driver account is inherited or held in trust or held on behalf of a legally incapacitated or deceased Driver, as specified in Chapter 4: Deaths and Wills, a new Driver Agreement must be signed by the beneficiary, trustee or person holding the Driver account on behalf of a legally incapacitated or deceased Driver and is subject to the approval or rejection of Bluecar in its sole discretion. If the beneficiary does not wish to enter a new Driver Agreement with Bluecar, the Driver account will be frozen and only royalty earnings will be paid as Chapter 4 states.
Upon the transfer of a Driver account, the beneficiary is eligible to earn compensation pursuant to the Policies.