Effective as of May 2020
This is an agreement between Trine Sofie Tveen Nielsen, owner and operator of the concept Base of Branding (The “Company”, “we”, “us”), https://baseofbranding.com/ (the “Site”), and you (“you” or “You”), a user of the e-learning platform and site.
When you sign up to become an instructor on LinkFacility platform, you agree to abide by these Instructor Terms (“Terms”). These Terms cover details about the aspects of our platform relevant to instructors and are incorporated by reference into the general terms that govern your use of our services.
As an instructor, you are contracting directly with Base of Branding regardless of whether another subsidiary facilitates payments to you.
1. Instructor Obligations
As an instructor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements (“Submitted Content”).
You represent and warrant that:
- you will provide and maintain accurate account information;
- your Submitted Content will not infringe or misappropriate any third party’s intellectual property rights;
- you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that
- you offer through your Submitted Content and use of the Services; and
- you will respond promptly to students and ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
You warrant that you will not:
- post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
- post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
- use the Services for business other than providing tutoring, teaching, and instructional services to students;
- engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
- frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
- impersonate another person or gain unauthorized access to another person’s account;
- interfere with or otherwise prevent other instructors from providing their services or courses; or
- abuse LinkFacility resources, including support services.
2. License to LinkFacility
You grant us the rights detailed in to offer, market, and otherwise exploit your Submitted Content, and to sublicense it to students for these purposes directly or through third parties. This includes the right to add captions or otherwise modify content to ensure accessibility.
You have the right to remove all or any portion of your Submitted Content from the Services with a 30 day notice. Except as otherwise agreed, Base of Branding’s right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content’s removal. However, (1) rights given to students before the Submitted Content’s removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) Base of Branding’s right to use such Submitted Content for marketing purposes shall survive termination.
We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant us permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or our content, and you waive any rights of privacy, publicity, or other rights of a similar nature.
3. Trust & Safety Policies
You understand that your use of the Services is subject to Base of Branding’s approval, which we may grant or deny at our sole discretion.
We reserve the right to remove courses, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including in cases where:
- an instructor or course does not comply with our policies or legal terms;
- a course falls below our quality standards or has a negative impact on the student experience;
- an instructor engages in behaviour that might reflect unfavourably on Base of Branding or bring us into public disrepute, contempt, scandal, or ridicule;
- an instructor engages the services of a marketer or other business partner who violates Base of Branding’s policies; or
- as determined by Base of Branding in its sole discretion.
4. Co-Instructors and Teaching Assistants
Base of Branding may allow you to add other users as co-instructors or teaching assistants for courses that you manage. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your Base of Branding account and courses.
We shall not advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your course management settings as of the date of the purchase.
5. Relationship to Other Users
Instructors don’t have a direct contractual relationship with students, so the only information you’ll receive about students is what is provided to you through the services.
You agree that you will not use the data you receive for any purpose other than providing your services to those students on Base of Branding platform, and that you won’t solicit additional personal data or store students’ personal data outside the platform. You will indemnify Base of Branding against any claims arising from your use of students’ personal data.
6. Pricing and payment
6.1 Price Setting
When creating a course, you will be may select a base price (“Base Price”) for your course from a list of available price or choose to set your price . Alternatively, you may choose to offer your course for free. Base of Branding shall receive 50% of the net profits from each course. “Net profits” shall equal all gross sales of a medical spa, less all expenses paid during the corresponding period.
6.2 Transaction Taxes
If a student purchases a product or service in a country that requires LinkFacility to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes (“Transaction Taxes”), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales.
We may increase the sale price at our discretion where we determine that such taxes may be due. For purchases through mobile applications, applicable Transaction Taxes are collected by the mobile platform (such as Apple’s App Store or Google Play).
Base of Branding makes all instructor payments in U.S. dollars (USD) regardless of your bank account currency . We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees and Transaction taxes.
Payment will be made within 30 days of the end of the month in which (a) we receive the fee for a course or (b) the relevant course consumption occurred.
We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
If a student asks for a refund after we have paid the relevant instructor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor’s courses.
While you are a published instructor and subject to the requirements below, you may use our trademarks where we authorize you to do so.
- only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;
- only use our trademarks in connection with the promotion and sale of your Base of Branding courses or your participation on our platform ; and
- immediately comply if we request that you discontinue use.
You must not:
- use our trademarks in a misleading or disparaging way;
- use our trademarks in a way that implies that we endorse, sponsor, or approve of your courses or services; or
- use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
8. Termination of your account
You may close your instructor account after a 30 day notice by contacting us at email@example.com.
We’ll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if students have previously enrolled in your courses, your name and that Submitted Content will remain accessible to those students after your account is deleted.
9. Miscellaneous Legal Terms
9.1 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
You agree to indemnify, defend (if we so request), and hold harmless Base of Branding , our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
9.3 Governing Law and Jurisdiction
Base of Branding failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Base of Branding reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Base of Branding.
9.4 Time limitations on claim
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Any notice or other communication to be given hereunder will be in writing and given by email at firstname.lastname@example.org.
9.5 Dispute Resolution
10. Change in Terms
We may from time to time change the terms that govern your use of our Site. We may change, move or delete portions of, or may add to, our Site from time to time. It is solely your responsibility to keep up to date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes. If you do not agree to, or cannot comply with, the Terms as modified, you must stop using the Site.
11. How to Contact Us
The best way to get in touch with us is to contact us at email@example.com. We’d love to hear your questions, concerns, and feedback about our service.