Terms and Conditions for Contributors
May 2021
Welcome to GloboLoko
Introduction
These Terms and Conditions for Contributors describes the legal relationship between:
- GloboLoko, a company registered under Dutch law with company number 71369163 and with registered office at Van der Helmstraat 388, 3067HM Rotterdam, Netherlands (“GloboLoko”)
and
- Contributors of Travel Content to the GloboLoko Platform.
Contributor and GloboLoko may be referred to individually as a “Party” or collectively as “Parties”.
Background
(A) GloboLoko operates a platform through which users can find and share Travel Guides & Stories and Travel Tips, purchase travel-related merchandize and book travel-related services (“Service”). GloboLoko provides the Service through the website, social media, and other electronic and printed publication channels it owns and operates under the GloboLoko brand.
(B) The Contributor is active as a Travel Writer, Photographer, and/or Editor and may operate one or more website(s), apps or tools that provides travel-related services or content for its visitors.
(C) At GloboLoko, Writers, Photographers and Editors (“Role” or “Roles”) collaborate to create high-quality Travel Guides & Stories and Travel Tips (“Travel Article” or “Travel Articles”) in accordance with the Contributor Guidelines. Contributions to Travel Articles (including text, photographs, and videos) from the Contributor are referred to as “Travel Content”.
(D) The Contributor and GloboLoko wish to cooperate and make Travel Content available through the GloboLoko Service for its visitors in accordance with the terms and conditions set out in this Agreement.
(E) This Agreement, the licenses granted under it, the Contributor Guidelines and the Code of Conduct for Travel Advisors express the complete understanding of the Parties with respect to the subject matter and supersedes all prior representations and understandings.
Terms agreed
1. Contributor's Rights and Obligations
a) Ownership rights
When the Contributor submits, posts, or displays Travel Content on or through the Service, the Contributor retains all ownership rights, including copyrights in their Travel Content (including incorporated texts, photographs and videos), its brands and trademarks. GloboLoko wants to acquire the right to use the Travel Content as specified in this Agreement.
The Travel Content that the Contributor submits may not infringe any third parties’ rights, including but not limited to intellectual property, privacy, data protection or any other rights unless the Contributor has obtained permission from those third parties or is otherwise entitled to use this Travel Content in this manner. The Contributor acknowledges that it is legally responsible for any infringements to third parties regarding the Travel Content that is submitted to GloboLoko.
b) Independence of Travel Content
The Contributor confirms that any Travel Content submitted is based on an unbiased and independent opinion. Therefore, the Contributor warrants that any Travel Content provided to GloboLoko is not based on any form of sponsored assignments such as press trips and paid promotional activities for brands or locations.
2. GloboLoko's Rights and Obligations
a) Licence to Travel Content
GloboLoko shall operate as an exclusive distributor of the Travel Content submitted by the Contributor under this Agreement during the Payment Term. Specifically, when the Contributor provides Travel Content to the Service, the Contributor grants GloboLoko an exclusive, transferable, irrevocable, and worldwide license to use, modify, reproduce, distribute, publish, display, translate, sublicense, and create derivative works of the Travel Content to perform, promote and improve the GloboLoko Service.
Note: Photographs may be published on the Contributor’s personal website and social media channels as part of their portfolio.
b) Author credits
GloboLoko will publish the Travel Content with author credits according to the table below.
|
Role: |
Author credits: |
|
Writer |
Credited with profile picture, username, biography, and link to author page in the Written by section underneath the published Article. |
|
Photographer |
Credited within the caption of the Photograph with username and link to their personal website or social media channel. |
|
Editor |
The Editor is not credited. Author credits belong to the Writer and Photographer(s). |
Contributors have an author page which features an overview of all published Travel Articles, username, profile picture, biography and links to social media channels and personal website.
c) Compensation
Travel Content provided to GloboLoko under this Agreement will be compensated according to the conditions explained under Section 4. Compensation of this Agreement.
3. Submissions
a) Types of Travel Articles
Contributors can contribute to the following Types of Travel Articles:
- Travel Guides & Stories
- Travel Tips
More information about the Types of Travel Articles can be found in the Contributor Guidelines.
b) Contributor Roles
Each Contributor fulfils one or more of the following Roles: Writer, Photographer and/or Editor. Each role has its own rights and obligations under this Agreement.
c) Pitching
All Travel Articles are initiated by a content idea pitch from the Writer. Writers can pitch their content ideas by filling in a pitch template in accordance with the Contributor Guidelines. Pitches are reviewed based on their content quality and relevance. GloboLoko reserves the right to accept or deny any pitch.
d) Creation
All Travel Articles (including text, photos, and videos) should be prepared and submitted in line with the Contributor Guidelines. When the first draft of the article is ready, it will be checked by an Editor for approval to assure the highest level of quality. In case additional photographs are needed, a notification will be sent to Photographers who are covering the same location as the article to invite them to submit photographs. Photographers can use existing photographs or agree a deadline with the Editor to shoot new photographs. All Travel Content should be filed electronically by email to contributors@globoloko.com.
e) Publication
Upon approving the Travel Article, GloboLoko will set a Publication Date for the Travel Article. The Publication Date will usually be within twenty-eight (28) days of approving the Travel Article and will be communicated to the Contributors by email. While in most cases, completed articles will be scheduled for publication after Editor approval, GloboLoko reserves the right to deny any completed articles, or request for changes before the article is published.
f) Improvements and updates
Writers are encouraged to make improvements to the Travel Articles from time to time for any changes that generally affect the appearance of the Travel Article. For example, to update outdated information or to add new sections and ideas.
There are two types of improvements: Minor Adjustments and Major Adjustments. Minor Adjustments are updates to existing sections or paragraphs and can be made without Editor approval. Major improvements are additional sections or paragraphs and require Editor approval.
The Editor who has edited the initial version of the Travel Article has the first right to edit any updates made to the Travel Article. In case the initial Editor is not available, an additional Editor will be invited to edit the updates. Additional Editors will earn a Profit Share as specified under section 4c Contributor Profit Share.
4. Compensation
a) Commission for Travel Content
The Contributor will receive a Commission during the Payment Term for Travel Content that is contributed to published Travel Articles. The Commission for Travel Content is equal to the Total Commission per Travel Article adjusted for the Contributor Profit Share for that article and is calculated per calendar month. GloboLoko makes no guarantee as to the amount of Commissions that may be generated by the Contributor pursuant to this Agreement.
b) Total Commission per Travel Article
The Total Commission per Travel Article is calculated each calendar month as Gross Profits multiplied by the number of Valid Views of the Travel Article, divided by the total Valid Views on the website of GloboLoko.
Gross Profit is defined as total advertising revenues and affiliate marketing revenues (net sales subject to any credit, cancellation, or refund) generated from price comparisons for bookable activities, tickets and accomodation on the publicly accessible part of the GloboLoko website minus advertising expenses. Other revenue streams that may be developed by GloboLoko in the future are excluded under this Agreement.
Valid Views are all views during a calendar month, excluding those generated by any bot, automated program or similar device, originating from IP addresses or computers under the control of the Contributor and generated by payment of money. GloboLoko has the right to withhold or adjust payments to the Contributor to exclude any amounts that arise from invalid views. In the event GloboLoko detects invalid views, either before or after issuing a payment for that activity, GloboLoko reserves the right to debit the account of the Contributor and adjust future payments accordingly.
c) Contributor Profit Share
The Contributor Profit Share for each Role is calculated according to the table below. In total, 75% of the Total Commission per Travel Article is divided between the Contributors, depending on the extent of their contribution to the Travel Article. The remaining 25% is GloboLoko’s platform fee.
| Role | Contributor Profit Share | ||||||||||||||||||||||
| Writer |
Profit Share = 75% * Text part * (1-Editor Share Text) Text part = Word Count Text / (#Photos * 100 + Word Count Text) *The division between the text and photography part is based on the ratio between words and photographs, where 1 photo equals 100 words. |
||||||||||||||||||||||
| Photographer |
Profit Share = 75% * Photography part * (1-Editor Share Photography) Photography part = (#Photos * 100) / (#Photos * 100 + Word Count Text) *The division between the text and photography part is based on the ratio between words and photographs, where 1 photo equals 100 words. |
||||||||||||||||||||||
| Editor |
Profit Share = 75% * (Text share * Editor Share Text + Photography Share * Editor Share Photography) *The Editor Share is determined by the Editor depending on the extent to which the document is edited and ranges between 5%-50% for the Text part and 5%-10% for the Photography. The overview of the Editor shares can be found here. |
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| GloboLoko | Platform fee of 25% | ||||||||||||||||||||||
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Example calculation:
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d) Payment Term
The Payment Term for Travel Content will be effective for an Initial Term of one-year following the Publication Date of the Travel Article. After the Initial Term, the Payment Term will be automatically renewed for additional one-year periods (“Renewal Term”). During each Term, the Contributor Profit Shares are fixed. At the start of each Renewal Term, the profit shares are recalculated to reflect any updates that have been made to the Travel Article.
e) Syndication of Travel Content
In case GloboLoko syndicates Travel Content to Third Parties, including affiliates of GloboLoko, or creates derivative works from the Travel Content, and earns a fee out of these arrangements, the Contributor will share 50% of those revenues.
f) Payment method
For Contributors residing in the European Union, the payment will be transferred to any European bank account. For Contributors residing elsewhere, the payment will be transferred by PayPal. To ensure proper payment, the Contributor is responsible for providing and maintaining accurate contact and payment information.
g) Payment date and threshold
All Commissions will be paid monthly prior to the end of the following calendar month in which the cumulative Commissions equals or exceeds the applicable payment threshold. The payment threshold for transfers to European bank accounts is fifty euros (€50,00). The payment threshold for transfers by PayPal is seventy-five euros (€75,00). All charges related to transferring payment, if applicable, shall be paid by the Contributor.
h) Taxes
As between the Contributor and GloboLoko, GloboLoko is responsible for all taxes (if any) associated with its income from advertising and affiliate marketing fees. The Contributor is responsible for all taxes (if any) on the Commission it receives under this Agreement. All payments to the Contributor from GloboLoko in relation to this Agreement will be treated as inclusive of tax and will not be adjusted.
i) Statement of Commissions
GloboLoko will furnish an accurate Statement of Commissions prior to the end of the following calendar month in which the Commission has been incurred. The statement provides an overview of Commissions earned for the previous calendar month and the amount payable or, in case the payment threshold has not been reached, the cumulative Commissions balance outstanding.
5. Realtime Travel Advise
a) Requirements
Contributors can become real-time Travel Advisor to all visitors of the GloboLoko Platform through a live chat, email and direct message system. The Contributor can submit the countries, regions, cities, sights and attractions that they have in-depth knowledge about. If a traveller asks for travel advice that matches the expertise of the Contributor, he or she will be notified with the questions from the traveler. When providing real-time Travel Advice, the Contributor must adhere to the standards and guidelines set forth in the Code of Conduct for Travel Advisors.
b) Compensation
Contributors who participate as a Realtime Travel Advisor will share in 50% of the gross profits arising out of subscription fees. Contributors will earn a commission directly related the ratio of the number of words they provide as travel advice divided by the total number of word provided as travel advice by all Contributors on the GloboLoko platform. In the future, GloboLoko may adjust the calculation of Commissions for travel advise to reflect additional quality standards, such as customer satisfaction and speed of communication. GloboLoko makes no guarantee as to the amount of Commissions that may be generated by the Contributor pursuant to this Agreement.
Gross Profit is defined as total subscription revenues (net sales subject to any credit, cancellation, or refund) minus advertising expenses. Other revenue streams that may be developed by GloboLoko in the future are excluded under this Agreement.
6. Termination
a) Removal of Travel Content by GloboLoko
GloboLoko can remove any Travel Content in whole or in part if GloboLoko believes that the Contributor has violated any obligation as referred to in Section 1. Contributor’s rights and obligations, if it is determined that the Travel Content does not meet the conditions set forth in the Contributor Guidelines, if GloboLoko is required to do so by law, or if it may cause damage to GloboLoko, GloboLoko users or third parties. GloboLoko will inform the Contributor of the reason for this promotion.
When a piece of Travel Content is removed completely by GloboLoko, the Payment Term and License for that piece of Travel Content will be terminated immediately, while the Payment Terms and Licenses will stay in effect for the remaining Travel Content.
b) Termination by you
The Contributor may stop using the GloboLoko Service and terminate this Agreement at any time. Previously issued licenses as described under Section 2a License to Travel Content, including any related Payment obligations to the Contributor, will survive termination of this Agreement.
c) Termination by GloboLoko
GloboLoko has the right to terminate this Agreement and suspend access to the Contributor’s account if the Contributor breaches this Agreement materially or repeatedly, if we are required to so by law or if we reasonably believe there has been any conduct by the Contributor that may cause damage to GloboLoko, GloboLoko users or third parties.
7. General
a) Confidentiality
Neither Party may use, disclose or make available to any third party the other Party’s confidential information unless such use or disclosure is done in accordance with the terms of this Agreement and was approved for release in writing by the other Party, but only to the extent of and subject to such conditions as may be imposed in such written authorisation. This Section will survive termination of this Agreement.
b) Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
c) Indemnification
The Contributor must indemnify, defend and hold harmless GloboLoko, its board members, officers, employees and agents from and against all claims (including third party claims), demands, actions, suits, expenses (including attorney’s fees) and damages (including indirect or consequential loss) resulting in any way from a violation of this Agreement by the Contributor as specified under Section 1. Contributor’s rights and obligations. This Section will survive termination of this Agreement.
d) Amendments
GloboLoko may modify the Terms and Conditions for Contributors, for example to reflect changes to the Service or for legal, regulatory or security reasons. GloboLoko will notify the Contributor of any material changes to this Agreement with reasonable advance notice. Changes in Commission structures will only apply to future Travel Content and not to Travel Content that is in the process of being published or Travel Content that has already been published. If you do not agree to the modifications, you should discontinue your use of the GloboLoko Service.
e) Governing law
The Agreement is governed exclusively by Dutch Law. Any disputes between the Parties in relation to the Agreement that cannot be solved amicably will be submitted to the competent Dutch court for the district where GloboLoko has its registered office.