Agreements

General Terms and Conditions

Marketing program / Participation T&Cs in the Dylyver Market marketing program
  • DYLYVER MARKET

    Marketing program

    Terms & Conditions

    Dylyver Market is a modern marketing program (“Program”) that has been developed for users, who would like to promote Dylyver services globally and earn continuous passive income risk free and with zero investment.

    This Agreement (“Agreement”) constitutes a legal agreement between you, an individual (“You”) and Dylyver Technologies Limited (“Dylyver”).

    In order to participate in Dylyver Market, you must agree to the terms and conditions that are set forth herein. Upon your execution of this Agreement, You and Dylyver shall be bound by the terms and conditions set forth herein. Dylyver reserves the right to amend the Agreement at any time. In the event of any change, we shall display a notice via the Dylyver Applications, Dylyver Website or send you an email. The change shall be effective as of its notification to the Users.

    Definitions:

    1. Website shall mean Dylyver official web page (www.dylyver.com)
    2. App shall mean Dylyver Drive and Dylyver Cargo mobile applications.
    3. Services shall mean on demand peer-to-peer passenger transportation and peer-to-peer postal services.
    4. Users shall mean all users of the Program.
    5. Driver shall mean a registered User that acts as an independent third-party contractor that provides transportation services.
    6. Courier shall mean a registered User that acts as an independent third-party contractor that provides logistics services.
    7. Monthly validation shall mean monthly mandatory participation of User in the Dylyver Market program.
    8. User ID shall mean unique ID number that User receives during the registration.
    9. Direct referral shall mean a User that you invited and that has registered in the Program using your User ID.
    10. 1st level referral shall mean a User that has been invited by your direct referral and that has registered using your Direct referral’s User ID.
    11. 2nd level referral shall mean a User that has been invited by your 2nd level referral and that has registered using your 2nd level referral’s User ID.
    12. Partner shall mean your direct referral that has joined Leadership bonus program and is building his own business network.
    13. Business network shall mean a total number of Users registered under you or under any of your Partners. It includes all the Users at all levels without limitation.
    14. Personal account shall mean Users personal account on the website, which is provided to the User by Dylyver right after registration. User can access his Personal account using his email and password. With the help of the Personal account User can control his activities, check the status of his personal network, check the execution of orders, invite new Users into the program and learn more about the updates and services provided by Dylyver.
    15. Wallet shall mean a payout service provided by Dylyver and its partners, where Users can withdraw all or part of their balance to their bank accounts.
    16. Referral bonus shall mean an incentive payment that is earned by a User during his participation in the Program. Accumulated Referral bonuses can be used to pay for the Dylyver Services or can be withdrawn from the wallet to any bank accounts that User specifies.

    Dylyver Market

    Dylyver Market consists of 2 marketing bonus programs that will provide you access to various income streams. The 2 Dylyver Market programs are:

    • Referral bonus program
    • Leadership bonus program

    Referral business program

    About the program

    In order to participate and earn passive income with Dylyver referral business program you just need to accept Dylyver Market Terms & Conditions and invite at least one of your friends or acquaintances to join Dylyver using your unique User ID. The more people you invite the higher will be your passive income.

    Referral Business Program consists of 3 referral levels. You receive bonus payments each time when people you invite into the company and people that your referrals bring into the company provide transportation services (car and bus drivers) through Dylyver Drive or ship packages (couriers) through Dylyver Cargo.

    Here is how it works:

    • 1 level: You earn 2.5% as referral payment each time when people you invited (Direct referrals) drive or deliver packages.
    • 2 level: You earn 1.5% as referral payment each time when people that were invited by your direct referrals (1st level referrals) drive or deliver packages.
    • 3 level: You earn 1.0% as referral payment each time when people that were invited by 1st level referrals (2nd level referrals) drive or deliver packages.

    These bonuses will appear in your wallet following each individual transaction.

    Mandatory monthly validation

    After joining the Dylyver Market you are required to take a ride or send a package at least once a month with a minimum price of 5 EUR or equivalent in other currency in order to maintain your active status.

    Leadership bonus program

    About the program

    Leadership bonus program starts at the same time as referral business program. It is an add on to the Referral bonus program and works independently from it. After you invite 20 direct referrals and those people pass the monthly validation (they take a taxi or send a package at least once a month) then you are automatically entitled to take part in the Leadership Bonus Program.

    The leadership program is an 8-level incentive program after entering which, you start earning income from each taxi ride or package delivery of all the Users that you have in your personal network in addition to the referral bonuses you earn from Drivers and Couriers in referral bonus program. The amount of bonus payments in leadership program depends on the level you are at in this program.

    Your level in the leadership bonus program and bonus payments that you earn from your personal network tightly depend on your performance, the number of Users you have in your network and the usage rate of the Dylyver Services by all the Users in your network. The more frequently Users in your network use Dylyver Services, the more referral bonuses you will generate.

    Your remuneration from leadership program depends on the difference between the level you are currently at in the program and the level of your direct referrals. The following algorithm describes in detail the payments that you are entitled to from each of your referrals in your personal network.

    LevelNumber of referralsYour remuneration (from all rides and package deliveries)
    1 20 direct referrals 1.0%
    2 250 all referrals 1.7%
    2 1,500 all referrals 2.3%
    2 6,000 all referrals 2.8%
    2 25,000 all referrals 3.2%
    2 100,000 all referrals 3.5%
    2 300,000 all referrals 3.8%
    8 500,000 all referrals 3.9%

    1st level

    To participate in the Leadership bonus program, you will need to invite 20 direct referrals that will pass the monthly validation for 2 straight months in a row. From each taxi ride or package delivery that all the users in your business network initiate (not just this 8 levels) you earn 1%.

    2nd level

    To move to the 2nd level you will need to have 250 referrals totally in your network (all levels) that will also need to pass the monthly validation for 2 straight months in a row. From each taxi ride or package delivery that all the users in your business network initiate (not just this 8 levels) you earn 1.7%.

    3rd level

    To move to the 3rd level you will need to have 1,500 referrals totally in your network (all levels) that will need to pass the monthly validation for 2 straight months in a row. From each taxi ride or package delivery that all the users in your business network initiate (not just this 8 levels) you earn 2.3%.

    4th level

    To move to the 4th level you will need to have 6,000 referrals totally in your network (all levels) that will need to pass the monthly validation for 2 straight months in a row. From each taxi ride or package delivery that all the users in your business network initiate (not just this 8 levels) you earn 2.8%.

    5th level

    To move to the 5th level you will need to have 25,000 referrals totally in your network (all levels) that will need to pass the monthly validation for 2 straight months in a row. From each taxi ride or package delivery that all the users in your business network (not just this 8 levels) you earn 3.2%.

    6th level

    To move to the 6th level you will need to have 100,000 referrals totally in your network (all levels) that will need to pass the monthly validation for 2 straight months in a row. From each taxi ride or package delivery that all the users in your business network (not just this 8 levels) you earn 3.5%.

    7th level

    To move to the 7th level you will need to have 300,000 referrals totally in your network (all levels) that will need to pass the monthly validation for 2 straight months in a row. From each taxi ride or package delivery that all the users in your business network (not just this 8 levels) you earn 3.8%.

    8th level

    To move to the 8th level you will need to have 500,000 referrals totally in your network (all levels) that will need to pass the monthly validation for 2 straight months in a row. From each taxi ride or package delivery that all the users in your business network (not just this 8 levels) you earn 3.9%.

    If you move to a new level in the leadership bonus program (i.e. 2nd level) and after that your direct referrals did not pass the monthly validation for 2 straight months in a row then Dylyver will provide you an opportunity to recover your status in the following 2 months. During this time, you will be getting bonus payments from leadership bonus program according to the Leadership program level you are currently at. If, however, you were not able to achieve the required referral target numbers or monthly validations for that level then you will be downgraded to the previous level, which is level 1 in this example.

    You can monitor the growth of your network and track validation statistics in your personal account on Dylyver website. Your reward from leadership bonus program is based on the difference between your level in the program and the level of your direct referral.

    Dylyver Market participation cost

    Registration and participation in the Dylyver Market costs 10 euros or equivalent in other currencies. Dylyver collects this amount to cover the costs that are associated to administrating new registrations and marketing activities.

    Changes to program conditions and referral fees

    Dylyver reserves the right to change the Dylyver Market program conditions and referral fees at any time in Dylyver’s discretion based upon local market factors, and Dylyver will provide you with notice in the event of such changes to the fee structure or program condition changes in Referral Bonus Program or Leadership Bonus program. Continued use of the Dylyver Market program after any such changes shall constitute your consent to such change.

    Payouts, gifts and withdrawals policy

    By signing up for Dylyver Market program you acknowledge and agree with the Dylyver Market payments policy, which includes available payout methods of all earnings defined in this Terms and Conditions.

    You acknowledge and agree that income that you earned from referral bonus program will be deposited to your wallet immediately after every transaction. Bonuses and incentives that you earned from leadership bonus program will be made available to you for withdrawal at the end of each month. At that time, you can decide to withdraw those earnings to your bank account, provided that you passed the mandatory monthly validation condition, or continue to accumulate the balance in your wallet. There is a withdrawal limit of 50 euro or equivalent in other currency. Dylyver charges administrative commission for each withdrawal.

    You acknowledge and agree that in case you will not satisfy the mandatory monthly validation then your referral income will be blocked, and you will not be able to withdraw your available referral balance from your wallet. If that happens, you will still be able to continue using the Dylyver Services and have access to your earnings from driving or delivering packages. In the event if your referral bonuses get blocked you will need to pass the monthly validation for the current month, plus any previous months where you have not passed the validation in order to get access to your referral bonuses.

    Dylyver does not pay or transfer automatically any fees from Users’s wallets to their bank accounts. User can withdraw all or part of their wallets balance at any point in time by submitting a request to Dylyver at www.dylyver.com or through Dylyver Drive application.

    Payout processing services for Dylyver Users are provided by our payment processing partners. As a condition of Dylyver enabling payment processing services through its partners, you agree to provide Dylyver accurate and complete information about you and you authorize Dylyver to share it and transact information related to your use of the payment processing services. By agreeing to these terms and conditions or continuing using Dylyver services, you agree to be bound by current Dylyver Terms & Conditions.

    Dylyver undertakes to fulfill the payment to the User in 7 days after the confirmation of the withdrawal from the wallet. Dylyver does not take responsibility of any bank charges or fees. Dylyver does not take responsibility for any fault resulted from wrong account number, false data, deficiency, transfer or credit delay.

    No Additional Amounts

    You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Dylyver and its Affiliates may seek to attract new Users to Dylyver and to increase existing Users’ use of Dylyver services. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement.

    Taxes

    You acknowledge and agree that you are required to complete all tax registration obligations and calculate and remit all tax liabilities related to your income generation activities as required by applicable law. You further acknowledge and agree that you are responsible for taxes on your own income arising from participation in Dylyver Market program.

    Company Gifts

    You will receive gifts from the company each time you change to a new level and satisfy the validation levels for 2 months straight.

    LevelPresent
    1 Dylyver branded badge
    2 A set of Dylyver branded pens
    3 Dylyver mobile
    4 Dylyver tablet
    5 Dylyver laptop
    6 Dylyver gold watch
    7 Mercedes Benz C class
    8 1 kg gold bar

    Proprietary Rights and License

    License Grant

    Subject to the terms and conditions of this Agreement, Dylyver hereby grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to use and participate in the Dylyver Market program. All rights not expressly granted to you are reserved by Dylyver, its Affiliates and their respective licensors.

    Restrictions

    You shall not, and shall not allow any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Dylyver Market program in any way; (b) modify or make derivative works based upon the Dylyver Market program; (c) improperly use the Dylyver Market program; (d) reverse engineer, decompile, modify, or disassemble the Dylyver Market program; or (e) send spam or otherwise duplicative or unsolicited messages. In addition, you shall not, and shall not allow any other party to, access or use the Dylyver Market program to: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the Dylyver Market program automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Dylyver Market program; or (iv) attempt to gain unauthorized access to the Dylyver Market progrma or its related systems or networks.

    Ownership

    The Dylyver Market program, including all intellectual property rights therein shall remain (as between you and Dylyver) the property of Dylyver. Neither this Agreement nor your use of the Dylyver Market program conveys or grants to you any rights in or related to the Dylyver Market program, except for the limited license granted above. Other than as specifically permitted by Dylyver in connection with the Dylyver Market program, you are not permitted to use or reference in any manner Dylyver’s, or its Affiliates’ company names, logos, products and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs (the "Dylyver Assets") for any commercial purposes. You agree that you will not try to register or otherwise use and/or claim ownership in any of the Dylyver Assets, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.

    Confidentiality

    Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party. Confidential Information includes Company Data, User Information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential.

    Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers as necessary to perform under this Agreement, provided this entities are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to Dylyver, its internal record-keeping requirements).

    Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.

    Privacy

    Disclosure of Your Information

    Subject to applicable law, Dylyver and its Affiliates may, but shall not be required to, provide to you, a User, relevant authorities and/or regulatory agencies any information (including personal information (e.g., information obtained about you through any background check) and any Company Data) about you if: (a) It is necessary to enforce the terms of this Agreement; (b) it is required, in Dylyver’s or any Affiliate’s sole discretion, by applicable law or regulatory requirements (e.g., Dylyver or its Affiliates receive a subpoena, warrant, or other legal process for information); (c) it is necessary, in Dylyver’s or any Affiliate’s sole discretion, to (1) protect the rights, property or security of Dylyver, its Affiliates or any third party; (2) to detect, prevent or otherwise address fraud, security or technical issues; (3) to prevent or stop activity which Dylyver or any of its Affiliates, in their sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity). You understand that Dylyver may retain your personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated.

    Dylyver, its Affiliates and partners may collect your personal data during the course of your use of, the Dylyver Market program, or may obtain information about you from third parties. Such information may be stored, processed, transferred, and accessed by Dylyver, its Affiliates, its partners, third parties, and service providers for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with Dylyver’s and its Affiliates’ legitimate business needs. You expressly consent to such use of personal data.

    Representations and Warranties

    By You

    You hereby represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with this Agreement; and (c) you will comply with all applicable laws in your performance of this Agreement.

    No Service Guarantee

    Dylyver and its affiliates provide, and you accept, the Dylyver Market program on an “As is” and “as available” basis. Dylyver and its affiliates do not represent, warrant or guarantee that your access to or use of the Dylyver Market program will be uninterrupted or error free. Dylyver and its affiliates do not guarantee the availability or uptime of the Dylyver Market program. You acknowledge and agree that the Dylyver Market program may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the Dylyver Market program may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and Dylyver and its affiliates are not responsible for any delays, delivery failures or other damages, liabilities or losses resulting from such problems.

    Indemnification

    You shall indemnify, defend (at Dylyver’s option) and hold harmless Dylyver and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to: (a) your breach of your representations or obligations under this Agreement; or (b) a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to your use and participation in Dylyver Market program.

    Limits of Liability

    Dylyver and its affiliates shall not be liable under or related to this agreement for any of the following, whether based on contract, tort or any other legal theory, even if a party has been advised of the possibility of such damages: (i) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or (ii) your or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage.

    Term and Termination

    Term

    This Agreement shall commence on the date accepted by you and shall continue until terminated as set forth herein.

    Termination

    Either party may terminate this Agreement: (a) without cause at any time upon seven (7) days prior written notice to the other party; (b) immediately, without notice, for the other party’s material breach of this Agreement; or (c) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. Dylyver may restrict, suspend or terminate your account if you will abuse or misuse the Services or if you violate this Agreement, without further notice.

    You may terminate this agreement and simply continue using Dylyver Services (Dylyver website, Drive and Cargo applications). Please email us at support@dylyver.com if you would like to terminate this Dylyver Market agreement.

    Effect of Termination

    Upon termination of the Agreement all outstanding payment obligations, the obligations of discretion, confidentiality and any other Dylyver agreement that you accepted shall survive this termination.

    Disputes, Choice of law and jurisdiction

    If a dispute arises between you and Dylyver, we encourage you to first contact us directly to seek to resolve the matter by contacting us at market@dylyver.com.

    This Agreement between you and Dylyver shall be governed by and construed in accordance with the laws of New Zealand. You and Dylyver both agree to submit to the exclusive jurisdiction of the New Zealand Courts.

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