Course Instructor Agreement

Course Instructor Agreement

This Course Instructor Agreement (“Agreement”) contains the complete terms and conditions between us, Skilldora Incorporated (“Skilldora”) and you, regarding your application to and participation in, the Skilldora Course Instructor Program (the “Course Instructor Program”) as a Course Instructor of Skilldora (an “Course Instructor), and the establishment of links from your website to our website, www.myskilldora.com.

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE COURSE INSTRUCTOR PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THE SKILLDORA’S TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

SECTION 1. Enrollment in Skilldora’s Instructor Program

a.  To begin the enrollment process, you must submit a completed Course Instructor Program Signup Form. The Signup Form can be found at www.myskilldora.com/instructor

b.  We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your online course is not suitable for the Course Instructor Program for any reason, including, but not limited to, its inclusion of content that

1.2 Promotion of Our Course Instructor Relationship

• You are not allowed to post any refunds, credits or discounts on the Skilldora Products and Services, or other content concerning Skilldora without Skilldora’s prior written consent in each instance.
• Course Instructors may only use coupons and discounts that are provided exclusively through the Course Instructor Program using banners and links.

Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in your termination from the Course Instructor Program or the withholding of Commission Fees.

1.3 Data Security

Course Instructor shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United States or the country in which the Course Instructor resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the “GDPR”).

• Course Instructor, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of processing any personal data.
• Course Instructor agrees to promptly assist Skilldora in complying with any data subject rights request under the GDPR that Skilldora may receive from any individuals referred to Skilldora by Course Instructor.
• Course Instructor further agrees to promptly assist Skilldora in complying with any duties to cooperate with supervisory authorities under the GDPR.

SECTION 2. Order Processing

Skilldora will process orders placed by Referred Customers who follow the Links from a Course Instructor. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including Skilldora’s services, cancellation, processing, refunds and payment processing will be our responsibility.

We will track the Qualified Purchases generated by your Course Instructor Site and will make this information available to you through our website. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your website and our website are properly formatted.

2.1 Commission Determination; Qualified Purchases

Commissions will be calculated based on the commission rates stated on the Skilldora website for each Qualified Purchase (as defined herein) subject to commission accruing pursuant to Section N below. A “Qualified Purchase”does NOT include the following:

• A purchase by a Referred Customer that has transferred from any Skilldora partners or subsidiaries.
• A purchase by a Referred Customer who is also associated with any Skilldora reseller, referral, or other programs.
• A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund, referral, or other programs.
• A purchase that Skilldora suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement.
• A purchase referred by a Course Instructor that has an excessive cancellation rate as determined in Skilldora’s sole discretion.
• A purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits, or discounts from the Course Instructor.

Skilldora reserves the right to suspend the payment of Commission Fees at any time and indefinitely if it suspects fraud or other improper activity or a potential breach of any of the terms of this  Agreement by the Course Instructor or a Referred Customer.

2.3 Commissions & Payouts

• Each Course Instructor is required to submit a W8 (for Course Instructors located outside of the U.S.) or W9 (for Course Instructors located in the U.S.) tax form before any Commission Fees shall accrue. For Course Instructors located in the U.S., if the information you provide on the W9 tax form does not match IRS records Skilldora will not issue payment. You are responsible for the payment of all taxes related to the Commission Fees you receive under this Agreement. In compliance with U.S. tax laws, Skilldora will issue a Form 1099 to Course Instructors whose earnings meet or exceed the applicable threshold.
• Commissions will accrue and only become payable once you provide all relevant tax and address documentation. The Commission Threshold of $100 solely applied to Qualified Purchases which occurred within thirty (30) days of purchase, in which the first of such Qualified Purchases occurred. 
• Commission Fees are paid through Direct Deposit. Skilldora will not be held responsible for delayed deposits, transaction fees associated with or charged by your bank or  Sandhills Development, LLC, the payout services.

2.4 Reports of Qualified Purchases

You may log into your Course Instructor console to review your click-through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases. As such, Commission Fees may not be issued for all Referred Customers that appear in the Course Instructor console.

We have the right in our sole discretion to monitor signups through your Course Instructor Site from time to time to determine if you are in compliance with the terms of this Agreement. If you are not in compliance we may terminate your participation in the Course Instructor Program effective immediately.

 SECTION 3. Licenses and Use of Skilldora Logos and Trademarks

• We grant you a non-exclusive, non-transferable, revocable license to access our website through the Links solely in accordance with the terms of this Agreement and solely in connection with such Links, to use Skilldora trademark and logo and similar identifying material provided by us (collectively, the “Licensed Materials”), for the sole purpose of selling your courses on the Skilldora website and as approved in advance by us. You may not alter, modify, or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials while you are a Course Instructor in good standing and in compliance with all of the terms of this Agreement.

• You grant to us a non-exclusive license to utilize your name, title, trademarks, and logos (the “Course Instructor”Trademarks”) in any advertisement or other materials used to promote Skilldora, your Online Course and the Course Instructor Program, provided that Skilldora’s use of the Course Instructor Trademarks is not required and is at its sole discretion. This license shall terminate upon the termination of your participation in the Course Instructor Program. 

3.1 Legal / Relationship of Parties

You and Skilldora are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Course Instructor Site or otherwise, that contradicts anything in this section.

3.2 You hereby represent and warrant to us as follows:

• You have reviewed and understand this Agreement and agree to be bound by its terms.
• Your acceptance of this Agreement and participation in the Course Instructor Program will not violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgement, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.

• You are the sole and exclusive owner of the Course Instructor Trademarks and have the power to grant to Skilldora the license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietar right of any third person or entity.
• You are not required to obtain consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party in connection with your entrance into this Agreement.
• There is no pending or threatened claim, action, or proceeding against you, or any Course Instructor of yours with respect to the Course Instructor Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
• During the Term, you will not include in your Course Instructor Site content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objection able or are in violation of our terms.
• You are at least eighteen (18) years of age.
• Each Referred Customer is valid, genuine, and unique and meets the criteria of a Qualified Purchase for generating a Commission Fee as provided in this Agreement.

3.3 Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE COURSE INSTRUCTOR PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE Course Instructor PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE(3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

This file was last modified: May 26, 2022.