Instructor Agreement – Terms and Conditions
If you are an Instructor, these Instructor Terms & Conditions (the “Instructor Terms”) contain the terms and conditions of Your participation as an Instructor via Digi91 Digital & Software Solutions. This is a binding agreement between you and Digi91 Digital & Software Solutions and is incorporated by reference into Digi91 Digital & Software Solutions Terms of Use (“Terms of Use”).
Any version of these Instructor Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
Appointment of Reseller
INSTRUCTOR authorizes Digi91 Digital & Software Solutions and Digi91 Digital & Software Solutions accepts the appointment, as a non-exclusive reseller to market, sell and host for resale INSTRUCTOR products and services.
Digi91 Digital & Software Solutions authorization from the INSTRUCTOR to host their products is restricted to the Digi91 Digital & Software Solutions online platforms namely Digi91 Digital & Software Solutions.com and Digi91 Digital & Software Solutions.tv hereafter will be referred as PLATFORMS.
Intellectual Property
The INSTRUCTOR remains at all times the owner of the intellectual property of the material, source code, images and other assets provided to Digi91 Digital & Software Solutions. Digi91 Digital & Software Solutions confirms that it is not the developer of INSTRUCTOR’s courses and is only a reseller partner.
The INSTRUCTOR authorizes Digi91 Digital & Software Solutions to use their name, product descriptions, marketing assets and trademarks with the purpose of selling and promoting the INSTRUCTOR courses in the PLATFORMS and different marketing channels.
The INSTRUCTOR confirms that they are the owner or have the corresponding distribution rights for the content and assets provided to Digi91 Digital & Software Solutions. The INSTRUCTOR will be liable for third-party claims regarding the ownership of the material that is provided to Digi91 Digital & Software Solutions.
Your Relationship with Students
Instructors have no contractual relationship, direct or otherwise, with Students. Limited information about an Instructor’s students is provided to that Instructor through the Services (“Student Related Data”). You agree to indemnify Digi91 Digital & Software Solutions regarding any and all issues arising out of Your use of any Student Related Data.
Digi91 Digital & Software Solutions Brand Usage
The INSTRUCTOR is not allowed to use the Digi91 Digital & Software Solutions brand or any of its derivatives in their communication with any third party without permission. The INSTRUCTOR is not allowed to speak on behalf of Digi91 Digital & Software Solutions or the PLATFORM with any third party.
Revenue Split
There are five types of sales on the PLATFORMS: Instructor Coupon sales, Organic sales, Affiliate sales, Paid advertisement sales and Subscription payment.
Instructor Coupon Sales – This is the sale generated by the coupon created and promoted by the instructor. The Instructor will keep 85% of the sales and 15% will be kept by Digi91 Digital & Software Solutions for managing the payment gateway expense.
Organic sales consist in revenue generated from users who are not coming directly from affiliate or paid advertising channels. For organic sales, the total paid by the customer will be split as follows: 50% for Digi91 Digital & Software Solutions, 50% for the INSTRUCTOR.
Affiliate sales as defined as sales facilitated by a third-party, referred to as the AFFILIATE, using a tracking URL that leaves a 30-day cookie in the user’s web browser. Any purchase this user makes while the cookie is active, is credited as an Affiliate sale. For affiliate sales, the AFFILIATE will receive 50% of the customer purchase. The remaining 50% will be split between the INSTRUCTOR and Digi91 Digital & Software Solutions in the same way as organic sales (50/50) so the instructor will get 25% of the sale value.
Paid advertisement sales are those coming from paid ad sources, such as Facebook and Google AdWords. They are tracked using tracking URL’s in a similar way to affiliate sales. For paid-ad sales, the revenue split will be as follows: 50% for Digi91 Digital & Software Solutions, 50% for the INSTRUCTOR. The cost of these campaigns is absorbed entirely by the Digi91 Digital & Software Solutions.
Subscription Sales is the sales generated from Digi91 Digital & Software Solutions which will host selected courses from Digi91 Digital & Software Solutions and will provide subscription solutions to Corporates, Institutions and Individuals. The revenue share will be same as the above four sale types for the Digi91 Digital & Software SolutionsTV platform.
Digi91 Digital & Software Solutions will make the fund transfers to the INSTRUCTOR via Paypal/Bank Transfer, and the transaction costs will be absorbed by the INSTRUCTOR. Digi91 Digital & Software Solutions, on the other hand, will absorb the transaction costs associated with the customer purchases on the site. Both parties acknowledge that Paypal commissions might vary in the future.
Obligation
As an Instructor, you represent, warrant, and covenant that:
- You are and shall be responsible for all of Your Submitted Content. Further, you agree that You own or possess the necessary licenses, rights, consents, and permissions to use said Submitted Content, as well as the authority to authorize Digi91 Digital & Software Solutions to reproduce, distribute, promote, market, communicate to the public, publicly display, publicly perform in any manner seen fit by Digi91 Digital & Software Solutions (including, but not limited to, digital audio and/or digital video transmission), and otherwise use and exploit any of Your Submitted Content on and through the Services in the manner contemplated by these Instructor Terms
- You shall not submit any Content that infringes upon or is a misappropriation of any intellectual property right of a third party
- You will not upload, post, transmit, or otherwise provide any racist, sexist, pornographic, obscene, hateful, misleading, incorrect, false, infringing, defamatory, libellous, or otherwise offensive or inappropriate content or information through the Services or to any User;
- You will not upload, post, transmit, or otherwise provide any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitation (commercial or otherwise) through the Services or to any User;
- You shall not introduce to the Service any virus, malware, spyware, worm, or any other computer code, file, or program that is intended to or that may damage, degrade, compromise, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Services or operation thereof, nor shall you scrape, spider, use a robot, or use any other automated means of any kind to access the Services;
- You shall respond promptly to students questions, requests, and other communications, Further, you shall ensure that you shall provide at all times a quality of service commensurate with the accepted standards of your industry and instruction services in general.
Pricing
The INSTRUCTOR can set any price for the course above the limit set by Digi91 Digital & Software Solutions. The INSTRUCTOR also authorizes Digi91 Digital & Software Solutions to set the discounted price of the course, carry out discounted sales and issue discount coupons.
Payment Schedule
The payments will be issued to the INSTRUCTOR during the first 10 working days of the month that is two months after the purchase date. For example, if a purchase was carried out in January, the INSTRUCTOR will receive the payment for this purchase during the first 10 working days of March.
Student Refunding
Digi91 Digital & Software Solutions offers its customers a 1 month refund window, which can be extended upon discretion. The INSTRUCTOR authorizes Digi91 Digital & Software Solutions to issue refunds on their products, which will be deduced from the corresponding monthly payment.
Payment Reports
Digi91 Digital & Software Solutions will provide the INSTRUCTOR with access to an online report which will contain the total monthly sales of each one of the INSTRUCTOR products. Digi91 Digital & Software Solutions agrees to report fully and honestly regarding all courses sold.
Termination of Agreement
The INSTRUCTOR can terminate this Agreement at any point in time by notifying the PLATFORM to the email address support@digi91.in Digital & Software Solutions.com. After notification, Digi91 Digital & Software Solutions has 30 days to carry out the termination, which consists in the following:
Free INSTRUCTOR products will be removed entirely from the PLATFORM. Digi91 Digital & Software Solutions may notify students that the material will be removed.
Paid INSTRUCTOR products will be removed from the frontend marketplace. Nonetheless, INSTRUCTOR authorizes Digi91 Digital & Software Solutions to keep on hosting them in the PLATFORM and making them accessible to the people who purchased access before the Agreement was terminated, even after the Agreement is fully terminated.
Digi91 Digital & Software Solutions can terminate this agreement at any point in time, for which it must notify the INSTRUCTOR via email with 30 days of notice.
If the INSTRUCTOR engages in any dishonest activities, Digi91 Digital & Software Solutions reserves the right to terminate this agreement immediately and remove all INSTRUCTOR products from the PLATFORM.