Sky Rewards Program Terms

Sky Rewards Program Terms 

(Revised as of 02/01/2024)

These terms regulate your involvement in the Sky Rewards Program (the “Program“) offered by Drone by Nature®️, its subsidiaries, and corporate affiliates (collectively referred to as “Drone by Nature®️”, “we“, or “us“) for referring customers to the Drone by Nature®️ website, www.dronebynature.com (the “Website“). 

We retain the right, at our discretion, to alter, terminate, or modify the entire Program or any part of it, as well as these terms, at any time. Such changes will be effective immediately upon notice published on the Website. 

1. Eligibility for Program Participation; Agreement to Terms 
   • The Program is available to all registered users of the Website. By engaging in the Program, you are expressing your consent to be legally bound by both these Terms and the Website Terms and Conditions, as applicable at the relevant time. 
2. Referrals, Referral Links, and APIs 
   • Once you have logged in as a user of the Website (referred to as a “User“), to set the referral information, follow these steps (each, a “Referral“): 
   • Copy one of the links, banners, or embeddable player/widgets available on the Sky Rewards Program page of the Website (each a “Referral Link“) onto your website, blog, or app; or 
   • Add Drone by Nature®️ search functionality to your website, blog, or app by utilizing one of our APIs (an “API“) as described on the Sky Rewards Program page of the Website. 
   • The Referral Links and API are designed so that if a Referral Link set for you is used by a person to link to the Website, and the person registers (personally or on behalf of a company, organization, or other entity) as a User of the Website, becoming a “New User” without prior registration, you will be acknowledged as the User who introduced the New User to us (the “Referring User“). 
3. Crediting and Payment of Referral Earnings 
   • If you are acknowledged as the Referring User, you qualify to receive one percentage of each of the first hundred (100) net license fees paid or sold by the New User to us for downloads from the Website. This is subject to the terms, conditions, and limitations outlined in these Terms. 
   • The applicable percentage is also specified in the Sky Rewards Program page of the Website. 
   • This amount is net of: 
   • (i) taxes or withholdings required by applicable law, 
   • (ii) outstanding amounts owed by the New User to us, 
   • (iii) fees, charges, and/or costs payable to or deducted by financial institutions for processing payments received by us from the New User, 
   • (iv) refunds, chargebacks, or bad debt due or made to the New User, 
   • (v) discounts, and 
   • (vi) amounts set aside for potentially false transactions, regardless of when accrued or determined. 
   • Your eligibility to receive any payments under the Program is contingent upon providing the information required by our registration process, accepting these Terms and the Website Terms and Conditions specified by us, and adhering to the same. 
   • Referral payouts are executed on the 25th of each month when you accrue €20 or more. If you haven’t reached the €20 threshold yet, your earnings will be carried over to the next month. All payouts are in Euro (€). To ensure prompt receipt of your payouts, please make sure that your PayPal account information is consistently up-to-date and accurate. 
   • Payment of your Referral Share may be delayed by us for up to 90 days and will be net of applicable taxes or withholdings required by law, any overpayment of fees in a prior period, legal fees incurred in enforcing these Terms, and any other amount owed by you to Drone by Nature®️ under these Terms or otherwise. Drone by Nature®️ reserves the right to determine, in its sole discretion, whether and to which Drone by Nature®️ product(s) a Referral may apply. Any overpayment of your Referral Share by us must be refunded by you to us upon request. 
4. Program Guidelines 
   1. To qualify as a successful referral in the program, please adhere to the following rules:
      
      • The referred user (New User or New Contributor) must either be a (i) new or (ii) current or past Drone by Nature®️ user who has never made a paid purchase on the Drone by Nature®️ Website. They must complete, submit, and have a valid Drone by Nature®️ registration accepted through your Referral Link. 
      • The New User or New Contributor should have cookies enabled on their browser when clicking on your Referral Link, when reaching the website, when completing the Drone by Nature®️ registration application, and when licensing media from the website. This is essential for tracking purposes. 
      • When making the required purchase or sales on the website, the New User or the New Contributor must still have the cookie enabled that was initially placed on their computer when clicking on the Referral Link. The purchase or sale must occur within 30 days of clicking the Referral Link. 
   2. Your participation and entitlement to your Referral Share are contingent upon compliance with the following terms:
      
      • Drone by Nature®️ reserves the right to refuse any New User or New Contributor application, Referral relationship, Referral Share, or purchase transaction without notice. Information or updates regarding the New User or New Contributor will only be provided to confirm the Referral. 
      • Avoid the use of spam or any actions that could bring disrepute to the Program or Drone by Nature®️ when utilizing Referral Links, APIs, or Referrals. 
      • You must not be a member of any affiliate marketing network or any entity providing benefits for bringing potential members to the website. 
      • In our sole discretion, we will determine who made an effective Referral or is eligible to receive a Referral Share. 
      • Do not share your online payment processing service account (e.g., PayPal) with another Drone by Nature®️ member, User, Contributor, or Licensee. Drone by Nature®️’s payment using the provided information will be considered full compensation. 
      • Do not use Referral Links or APIs in a way that could damage, disable, overburden, or impair the Website or interfere with others’ use of the Website, their site, or Referral Links. 
      • Refrain from using Drone by Nature®️’s trademarks or intellectual property or making unauthorized representations, warranties, or statements concerning Drone by Nature®️, the Website, or any products, services, or policies. 
      • Drone by Nature®️ may modify Referral Share percentages and/or payment schedules, with changes posted on the Sky Rewards Program page. Only Referral Share earned after the effective date of change will be affected. 
      • Participation in the Program may render the New and Referring User ineligible for other referral or affiliate programs, and vice versa. 
5. Use of Referral Links and APIs: 
   
   • We grant you a non-exclusive and non-transferable license to use Referral Links and APIs solely for placing them on your blog, app, or internet site. This license is exclusively for the purpose of referring potential New Users to the Website and is subject to the terms, conditions, and limitations outlined in these Terms. 
   • We retain the right to revoke the license for using Referral Links and APIs, either in part or in whole, at any given time. 
   • You acknowledge and agree that all aspects of each Referral Link and API, regardless of language, format, or medium, are our valuable and exclusive property. They are protected under trade secret, copyright, trademark, and/or patent law. You have no rights to any Referral Link or APIs except as expressly stated in these Terms. 
   • Except as expressly permitted in these Terms, you must not and must not assist others in: (a) copying, using, publishing, disclosing, distributing, giving access to, broadcasting, or offering any Referral Link or API to any third party, except for the purpose of making a Referral to the Website as allowed by these Terms; (b) removing or modifying any disclaimer or copyright or trademark notice contained in any Referral Link or API; or (c) attempting to discover or discovering the source code contained in a Referral Link or API through reverse engineering, disassembling, de-compiling, or any other means. 
   • We reserve the right to review your blog, app, or internet site and may require you to modify your use of any Referral Link or API following the review. If we issue or amend any policies or rules related to Referrals or the usage of Referral Links and/or APIs, you agree to promptly conform your Referrals and use of the Referral Links and APIs to these policies or rules. 
   • You may not use any Referral Links or APIs to market, promote, or endorse the goods, services, and/or cause of any other individual or entity, except for the benefit of the New User accessing and using the Website. 
   • You agree not to bid on, register, or purchase search engine keywords, domain names, or other identifying search terms or titles similar to the trademarks owned or controlled by Drone by Nature®️ for the purpose of promoting your participation in the Program or otherwise. 
   • By participating in the Program and/or using any Referral Links or APIs, you acknowledge that Drone by Nature®️ may receive information from or about visitors to your blog, app, or internet site to track Referrals and New Users. 
6. Indemnification Clause: 
   • By accepting these terms, you commit to indemnify, defend, and absolve Drone by Nature®️ and its affiliates, along with their directors, officers, employees, shareholders, and agents (collectively referred to as the “Drone by Nature®️ Parties”) from any and all claims, actions, liabilities, losses, costs, and expenses (including reasonable legal fees) arising from or related to any violation of these terms by you, your employees, or any other representative. Drone by Nature®️ retains the right, at your expense, to assume exclusive control of the defense and resolution of any matter that falls under indemnification by you. In such instances, you agree to collaborate with Drone by Nature®️ in the defense of the claim. 
7. Term and Termination: 
   • These Terms remain in effect for the duration of your participation in the Program or until your participation is concluded by Drone by Nature®️, whichever transpires first. The Program may also be discontinued by Drone by Nature®️, in its discretion, with notice posted on the Website. Once such notice is posted, both the Program and these Terms are terminated. Drone by Nature®️ reserves the right to terminate these Terms by providing a 30-day notice via email to the last address in your registration information. Alternatively, you have the option to terminate these Terms by discontinuing your participation in the Program at any time. 
8. Limitation of Liability, Warranties, and Disclaimer of Warranty: 
   • The limitations of liability, warranties, and disclaimers of warranty outlined in the Website Terms and Conditions are applicable in their entirety to the Program, our associated services, and the Website. In relation to the aforementioned, these terms and provisions are expressly integrated into these Terms to the same extent as if they were fully articulated herein. 
9. Age and Responsibility: 
   • You affirm and guarantee that you are legally of an adequate age to utilize the Website and assume the responsibility to create binding legal obligations for any liability arising from your use of the Website and participation in the Program. 
10. Interpretation: 
    • Unless the context necessitates otherwise within these Terms: (a) “including” (and its derivatives such as “includes”), “e.g.,” and “for example” signify “including but not limited to”; (b) expressions like “must not,” “should not,” “shall not,” and “may not” indicate prohibition, while “will,” “must,” “should,” and “shall” convey command rather than mere expressions of future intent or expectation; (c) the use of the singular encompasses the plural and vice versa; and (d) references to one gender or no gender also include the other or no gender. 
11. Miscellaneous Provisions: 
    
    • The parties involved in these Terms are considered independent contractors, and the terms, any Referral, or access to Referral Links or APIs do not establish a joint venture, partnership, employment relationship, franchise, or fiduciary relationship between them. Neither party has the authority to obligate or bind the other. 
    • If any provision or part of these Terms, or its application to any person or circumstance, is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain unaffected. The invalid provision will be interpreted, to the extent possible, in a way that preserves the original intent of the parties and is otherwise enforceable to the fullest extent permitted by law. 
    • These Terms will be interpreted in accordance with the laws of France, without considering its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The Program, each Referral, the use of Referral Links or APIs, access to and use of the Website, and entering into these Terms are considered to occur in France. 
    • Disputes related to these Terms, the Program, any Referral, Referral Share, or the use of Referral Links or APIs will be exclusively resolved in a French court in France. Both parties waive objections to venue or forum inconvenience, as well as the right to a trial by jury. The parties consent to the jurisdiction of such courts. 
    • You are obligated to promptly reimburse reasonable attorneys’ fees and court costs incurred by us in enforcing these Terms. 
    • These Terms are personal and non-assignable by you without our prior written consent. We may assign these Terms to another party without your consent, provided the party agrees to be bound by its terms. All terms in these Terms are binding upon the parties and their respective heirs, legal representatives, successors, and permitted assigns. 
    • The Drone by Nature®️ Parties are intended third-party beneficiaries of these Terms, and no provision in these Terms is intended to confer rights, benefits, or remedies upon any third party. 
    • If you breach any provision of these Terms and we take no action, we retain the right to use our rights and remedies in any other situation where you breach these Terms. 
    • The obligations, rights, and remedies outlined in these Terms are cumulative and additional to those at law or in equity. 
    • These Terms, in addition to the Website Terms and Conditions (incorporated by reference), constitute the entire agreement between the parties, superseding any prior agreements, written or oral, express or implied, regarding the subject matter. In case of any inconsistency between these Terms and the Website Terms, these Terms govern. 
12. Our Authority to Modify These Terms: 
    
    • Irrespective of any provisions in this agreement or others, we retain the sole discretion to make modifications to these Terms and/or the Website Terms at our discretion, without restriction on timing or rationale. 
    • No alterations, deletions, or amendments to any provision will be binding on us unless they are in writing, signed by our authorized representative, or posted on the Website by us. 
13. Consent to Electronic Communications and Personal Data: 
    
    • We may deliver notices to you via email to the User account at the provided email address on your User registration page. By using our services, you agree to receive communications from us electronically, acknowledging that all agreements, notices, disclosures, and other communications provided to you electronically fulfill any legal requirement for written communication. 
    • You give consent to the sharing and processing of your personal information as part of our business operations by (a) us and our Subsidiaries, situated in various countries, with differing and, in some instances, less privacy protection than your country, and (b) in certain situations, the Content User, particularly in the event of inquiries regarding clearances or claims of infringement.
14. Acknowledgment and Acceptance of these Terms: 
    
    • You recognize that you have perused these Terms, comprehended their content, and had the opportunity to seek independent legal advice before agreeing to them. By engaging in the Program, selecting “I Agree,” or otherwise indicating acceptance, you acknowledge and agree to abide by these Terms personally and on behalf of the identified User, whether it be yourself, your employer, or another entity. If you are accepting on behalf of your employer or another entity, you affirm that you possess the full legal authority to bind them and participate in the Program on their behalf. Furthermore, you concede that you have examined the Website Terms and any other agreements possibly incorporated herein and therein. To the extent of their inclusion in these Terms, you (and, where applicable, the other entity) consent to be bound by their terms.