Last updated: 10/11/2018
1. Key Definitions
"Base Price" means the course price set by the Instructor within the price matrix.
"Instructor Revenue" shall mean Net Amount less any refunds paid.
"Gross Amount" means the amount actually received by MMC for purchases by Students for your course. In the case of unlimited subscription purchases we will pro-rate the instructor share based on month and actual course usage.
"Net Amount" means Gross Amount, less (1) applicable taxes; (2) for web sales, a four percent (4%) administrative and credit card processing fee.
"Sale Price" means the actual sale price for the course.
As an Instructor, you are contracting directly with Michael Management Corporation (“MMC”), a California corporation in the United States of America.
3. Your Relationship with Students
Instructors do not have a direct contractual relationship with Students. The only information you will receive about Students is what is provided to you through the Services (“Student Related Data”). You understand and agree that you will indemnify MMC for any issues arising out of your use of any Student Related Data.
As an Instructor, you represent, warrant, and covenant that:
5. License to MMC
You hereby grant MMC a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content through the Services, and sublicense it to Users for these purposes directly or through third parties. Notwithstanding the foregoing, and subject to the Instructor Terms, if you are an Instructor, unless specifically stated otherwise, you have the right to remove all or any portion of your Submitted Content from the Services at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal for new Users, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.
You hereby agree that MMC may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Services. You hereby grant MMC permission to use your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
As an Instructor, you will be responsible for determining the Base Price you charge Students for your Course(s) from MMC’s standard price matrix. You may select any increment as defined in the price matrix. You agree to charge only for your own Submitted Content. You may not charge separately for any course add-ons such as downloadable PDFs or other content and services (such as providing a link to a third-party service to sell downloadable PDFs or other content/services). MMC will handle billing and other fee interaction with Students. MMC reserves the right to make changes to the price matrix at any time.
As part of your participation in MMC’s instructor program, you give us permission to share your course, and information about you and the course with MMC employees and selected partners, for which you will not receive compensation.
You acknowledge that the amounts paid by Students for courses sold through MMC are not fixed, and MMC has the sole discretion to determine those amounts, discounts or coupons and which courses to offer. Further, MMC does not guarantee any minimum level of success in connection with the program, and its selection of courses to include is not an endorsement of those courses, or of you.
You may be able to increase your sales by promoting your courses by using a coupon code that you have created on MMC instructor pages.
We will pay you twenty-five percent (25%) of the Net Amount received for your course less any applicable deductions such as Student refunds (“Standard Revenue Share”). If MMC changes the Standard Revenue Share, we will provide you thirty (30) days notice via email or prominent notice on the Services.
To be paid in a timely manner, you must have a PayPal account in good standing and keep MMC apprised as to the correct email address associated with your PayPal account. Payment will be made within forty-five (45) days of the end of the month in which the fee for a course was received. You are responsible for providing MMC with all identifying and tax information necessary for the payment of amounts due.
As an Instructor, you acknowledge and agree that Students have the right to receive a refund, as set forth in MMC’s terms and conditions. Neither Instructors nor MMC shall receive any payments, fees or commissions for any transactions for which a refund has been granted. In the event that a Student requests a refund for a course after MMC has sent an Instructor payment for that course, MMC reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that Instructor, or (2) require that Instructor to refund any amounts refunded to Students for Instructor's course to the extent no additional payments are due from MMC to Instructor or such payments due to the Instructor are insufficient to cover the amounts refunded to Students.
You understand and agree that you are responsible for any taxes on your income. With regards to sales tax or any other applicable tax on the sale of your courses, you will indemnify and hold MMC harmless against any and all claims by any tax authority for any underpayment of taxes due, and any penalties and/or interest thereon on your Instructor Revenue.
10. Deletion of Your Account
If you wish to delete your Instructor Account, you may do so by requesting such deletion via email. We will use commercially reasonable efforts to make any remaining scheduled payments due and owing to you prior to deleting your account. You hereby understand and agree that if Student(s) have previously enrolled to your course(s), after your account has been deleted your name and such course(s) will remain accessible to those Students who enrolled to your course(s).
11. Modifications to These Instructor Terms
From time to time, we may update these Instructor Terms to clarify our practices or to reflect new or different practices, such as when we add new features, and MMC reserves the right to modify and/or make changes to these Instructor Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice on our Services. Other modifications will become effective on the day they are posted unless stated otherwise. If you continue to use the Services, after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Instructor Terms as changed. The revised Instructor Terms supersedes all previous Instructor Terms.