THE UNDERSIGNED:

UBER B.V., a private limited liability company incorporated under Dutch law with its registered seat in Amsterdam, the Netherlands, registered with the Trade Register of the Chamber of Commerce under number 56317411  (“Uber”), and the individual identified above (hereinafter the "Partner").

Partner and Uber are hereinafter collectively to be referred to as the “Parties” and each as “Party”. The definitions as set out in the Partner Terms (as defined hereafter) will apply to this ES Awards Incentives Agreement. This Agreement will be effective from the date a Partner provides his or her consent to be bound by the terms of this Agreement.

WHEREAS:
a. Uber and the Partner have entered into a Partner Agreement according to which the Partner will supply Services in return for a Service Fee;
b. Uber does not provide passenger transport services of any kind to Customers who may also be users of the App;
c. The App is offered to users free of charge;
d. Uber’s business success in connection with the ES Awards Evening (“Promotion”), will also depend on the Partner’s preparedness to provide his or her full support to Uber by being available to provide services to users of the App in connection with the Promotion.
e. The ES Awards Evening will be held in London on 30th June 2016 (“Event Date”).

NOW, IT IS HEREBY AGREED AS FOLLOWS:
1. DRIVING SERVICE AVAILABILITY
1.1 The Partner will provide a general support service to Uber in relation to the Promotion during the Event Date on the terms set out below.

1.2 The Partner will:
a. support Uber in all communications;
b. if requested by Uber, actively engage other Partners or Drivers;
c. refrain from speaking negatively on Uber’s business and the Promotion in public; and
d. do any other activities contemplated by this Agreement.

SUPPORT FEE AND INCENTIVES
2.1 In return for his or her general support service in connection with the Promotion, the Partner will be eligible for the following support fees and incentives, during the time periods of the Event Date as set out below.

A ES Awards Incentives
On June 30th between 10.00PM and Midnight the Partner will to eligible to receive a guarantee of minimum £14 per hour (after the Uber service fee), provided that the Partner:
is online and positioned in the Tobacco Docks car park (as outlined in the description of the event sent by email), to confirm rider trips during the relevant hours; and
and maintains a 100% confirmation rate (also known as acceptance rate) for trip requests received during the relevant hours.

For the avoidance of doubt, Partners may always choose the hours that they are on the Uber platform, but Partners will only be eligible to receive the above Incentives if he or she is online during the time periods set out above.  No minimum guarantee will apply for hours during which the Partner's total trip fares exceed the minimum guarantee amount for that relevant hour.  

2.2 Uber reserves the right to amend the terms of any incentive referred to in paragraph 2.1, including terms relating to amount, payment and criteria, at any time without notice.
2.3 All amounts in paragraph 2.1 are exclusive of Indirect Taxes, if any.
2.4 Any payments made by Uber to the Partner in accordance with paragraph 2.1 will be transferred to the Partner account which is registered in the Partner’s Uber profile in the next weekly payment cycle, unless otherwise specified.

3 TERM AND TERMINATION
3.1 This Agreement will be effective for a limited period of time of 2 hours (inclusive) from 10.00PM June 30th, unless otherwise determined by Uber (“Term”).
3.2 Either Party may terminate this Agreement before the end of the Term by written notice with due observance of a notice period of 4 (four) hours.
3.3 The payment of incentives under the terms of this Agreement is contingent on Partners having an approved vehicle for the purposes of the Promotion, and Uber may terminate this Agreement and remove all incentives immediately should this requirement not be fulfilled.  

4. PARTNER TERMS
4.1 The Partner hereby confirms that it has (i) received a copy of the general terms and conditions of Uber (the “Partner Terms”), and (ii) read and understood the Partner Terms.
4.2 The Partner hereby accepts the Partner Terms and agrees to adhere to, be bound by and to comply with the Partner Terms (as may be amended from time to time).

5 GOVERNING LAW AND JURISDICTION
This Agreement shall be exclusively governed by and construed in accordance with the laws of the Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to this Agreement, including but not limited to those relating to its validity, its construction or its enforceability, shall be first mandatorily submitted to settlement proceedings under the International Chamber of Commerce Amicable Dispute Resolution Rules (ICC ADR Rules). If the said dispute has not been settled within 60 days after a request for Amicable Dispute Resolution has been submitted under the said ICC ADR Rules, such dispute shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC Arbitration Rules). The ICC Rules' Emergency Arbitrator provisions are excluded. The dispute shall be resolved by one arbitrator to be appointed in accordance with the ICC Rules. The place of arbitration shall be Amsterdam, The Netherlands. The language of the arbitration shall be English.

By clicking “I accept”, you expressly acknowledge that you have read and understood these Terms and you agree to be bound by these Terms.