Instructor Rules and Requirements

Effective December 15, 2023

By using the Edu Tennis Inc. Services, including by uploading courses or other instructor-related content to any Edu Tennis Inc. website or other Services, maintaining your Edu Tennis Inc. account, as well as if you receive payment from Edu Tennis Inc. for an instructor-related activity, you agree to these Edu Tennis Inc. instructor Rules and Requirements (“Rules and Requirements”), which are in addition to the Edu Tennis Inc. Terms of Service and Privacy Policy. To the extent the Edu Tennis Inc. Terms of Service are inconsistent with these Rules and Requirements, these Rules and Requirements will control. Any capitalized terms that are not defined in these Rules and Requirements are defined as specified in the Terms of Service. In these Rules and Requirements, the words “including” and ”include” mean “including, but not limited to.” Use of the term “you” or similar words (like “your”) refers in each instance hereunder to an instructor.

Edu Tennis Inc. reserves the right to terminate, cancel, suspend, or modify any service or program, or the Rules and Requirements, at any time, in its sole discretion. If a significant change is made to the Rules and Requirements, we will provide reasonable notice either by email, by posting a notice in the instructor Dashboard, or otherwise by posting on the Edu Tennis Inc. Services. By accessing the Services at any time after such changes, you are agreeing to those changes. You are advised to check the Rules and Requirements from time to time for any updates or changes that may impact you.

I - Instructor Content

As between you and Edu Tennis Inc. and to the extent permitted by applicable law, you retain ownership over and are responsible for any and all video, audio, text, photos, pictures, graphics, comments, and all other content, data, or information that you upload, store, transmit, submit, exchange, or make available to or via the Services (“Your Content“). You agree that Your Content remains your sole responsibility. Your Content includes any content you have previously uploaded, stored, transmitted, submitted, exchanged, or made available to or via the Edu Tennis Inc. platform.

1- Instructor Content Requirements and Representations

You will not upload, store, distribute, send, transmit, display, perform, make available, or otherwise communicate to the public any content (including any of Your Content) that you do not hold the necessary rights to. In particular, any unauthorized use of copyright protected works within Your Content may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result, among other things, in removal of your Content from the Service, termination of your access to the Service, and coverage by you of any resulting claims or damages.

You represent and warrant to Edu Tennis Inc. as follows:

        • Your Content is original work to you, or you have obtained all rights, licenses, consents, and permissions necessary in order for Your Content to be used as part of the Service, including the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for watching offline), and otherwise communicate to the public Your Content on the Service.

        • Your Content and its availability on the Service does not and will not infringe or violate the rights of any third party, including any intellectual property rights, performers’ rights, rights of privacy or publicity, or any confidentiality-related restrictions.

        • You have obtained all necessary consents, permissions, and/or releases from anyone appearing in Your Content in order to include their name, voice, performance, or likeness in Your Content or to otherwise make available Your Content on the Service. You confirm that you will retain all original releases and maintain complete and accurate release records and shall share any such documents with Edu Tennis Inc. upon request.

        • Your Content does not and will not create any liability on the part of Edu Tennis Inc., its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers, and/or shareholders.

        • Your content complies with our Community Guidelines and Teaching Policies.

Notwithstanding the fact that Edu Tennis Inc. has no legal obligation to monitor the content on the Service, Edu Tennis Inc. reserves the right to block, remove, or delete any content at any time, and to limit or restrict access to any content, for any reason and without liability, including if we have reason to believe that such content does or might infringe the rights of any third party, has been uploaded or posted in violation of these Rules and Requirements, our Terms of Service, our Community Guidelines, or applicable law, or is otherwise unacceptable to Edu Tennis Inc., in its sole discretion. Edu Tennis Inc. reserves the right to remove Your Content, suspend or terminate your access to the Service, and/or pursue all legal remedies if we believe that any of Your Content infringes another person’s rights or violates any law, rule, or regulation.

        • Edu Tennis Inc. Trademarks

While you act in the capacity of an Instructor, and subject to the requirements below, you may use our trademarks (e.g. the Edu Tennis Inc. name or any of the Edu Tennis Inc. trademarks, logos, domain names, and other distinctive brand features) solely as we authorize you to do so and solely in compliance with the following.

You must:

        • use only copies of our trademarks that we specifically make available to you, as detailed in any guidelines we may publish;

        • use our trademarks only in the creation or promotion of a class or other content that you upload to our Service and that is created for the benefit of Students; and

        • immediately comply if we request that you make any changes or 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 Content or services; or

        • use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, offensive, or unlawful topic or material.

        • The Rights instructors Grant to Edu Tennis Inc.

By agreeing to these Rules and Requirements, and by submitting Your Content to Edu Tennis Inc., you grant to Edu Tennis Inc., during the full term of protection, a worldwide, sublicensable, non-exclusive right and license to use, reproduce, distribute, access, view, crop, resize, index, analyze, categorize, archive, copy, license, transmit, broadcast, publicly perform and publicly display, prepare derivative works incorporating, sell, advertise, and market any of Your Content on (1) the Service; (2) a platform owned, managed, and/or hosted by a third party with whom Edu Tennis Inc. has entered into a written agreement to host, display, and publicly perform content; or (3) on social media platforms such as Facebook, Instagram, Pinterest, Twitter, LinkedIn, TikTok, YouTube, Giphy, Vimeo, Reddit, and Twitch ((1) – (3) hereinafter referred to as “Content Platforms”), including the distribution of Your Content to Edu Tennis Inc. customers and partners, to optimize the performance and operation of Edu Tennis Inc.’s platform and services, and to develop new features and products.

You also grant Edu Tennis Inc. a worldwide, non-exclusive right to use your name, display name, image, likeness, performance, and Your Content in connection with the submitted materials and other information, any features or functionality related to those materials or other information, as well as in connection with Edu Tennis Inc.’s marketing and promotional activities and the sublicensing of Your Content, on all Content Platforms without the payment of any compensation to you other than as described in the instructor Payment and instructor Referral sections below.

You authorize Edu Tennis Inc. to sublicense these rights to Your Content to third parties, including to Students or other users or viewers directly and through third parties such as partners, resellers, distributors, affiliate sites, and deal sites, which may include the use of your name, display name, image, likeness, performance, and/or Your Content for marketing and promotional activities carried out by the third party. Remuneration for this sublicensing will be determined on a case-by-case basis and will be communicated to you prior to effectuation. You also give permission to Edu Tennis Inc. to add, modify, or remove information related to Your Content in order to manage and license Your Content. This includes the right to add captions or otherwise modify Your Content to ensure accessibility.

Edu Tennis Inc., in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to you.

Unless otherwise agreed, you have the right to remove all or any portion of Your Content from the Services and/or opt-out of the inclusion of Your Content in any sublicensing programs that Edu Tennis Inc. enters into with third-party partners. To request such removal or opt-out, you must email Edu Tennis Inc. contact@education.tennis. Your email must state your intention to remove Your Content and/or opt out and must specify the content that is related to your request, including a link to where it can be found on the Services. Except as otherwise agreed, Edu Tennis Inc. will typically require at least 120 days to comply with your request and Your Content may remain on the Services and be included for sublicensing purposes in the interim. Notwithstanding any such request, Edu Tennis Inc.’s right to use Your Content for marketing purposes shall survive termination or such removal, and any rights given to Students before the removal of Your Content will continue in accordance with the terms of those licenses (including any grants of lifetime access).

You will continue being paid, where applicable, until Your Content is removed, including during the period after you request removal or opt-out, but before we are able to effectuate that removal or opt-out, and we may continue distributing or marketing Your Content during this period.

II - Rules for Instructors

  • Applying to Teach

Absent permission from Edu Tennis Inc. otherwise, all instructors who have not previously published a class on the Service will be required to submit an application in order to have the ability to publish a class or classes on education.tennis. Approval of your application is not guaranteed. Edu Tennis Inc. will determine, in its sole discretion, whether you are eligible to publish content to education.tennis, without liability to you. Any information you include in your application will be processed in accordance with our Privacy Policy. Additional terms may be shared with you as part of the application process. By completing and submitting an application, you agree to those terms.

  • Rules of Conduct

When you publish a class on the Service or otherwise make use of the Service for purposes related to teaching, advising, or mentoring, you agree that:

  • You set the price of a subscription to the Service, and that price is subject to change, including with respect to taxes, all at our sole discretion;

  • You will honor any enrollments through the Service or any related platforms at the price and time listed in the Service, and will not refuse enrollments or participation by any Student for any discriminatory or other illegal reason;

  • You will provide and maintain accurate account information;

  • Classes or other content posted are publicly available to be viewed and accessed by any Student, unless otherwise specifically designated by Edu Tennis Inc..

  • You grant us the right to place advertisements on Your Content at our sole discretion;

  • You are qualified to teach the classes or offer the content that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws;

  • Your Students may have the ability to post a review about you or any class or other content you publish, we cannot control the contents of any such review, and will not be held responsible for any information or opinions that a user may include in any such review;

  • You may choose to remove material from your class or other content and will continue to own such content, but we will continue to have the right to use that content and to provide it to Students who have paid for or enrolled in your class; and

     

You also agree that you will not:

  • Submit any content to the Service that violates, plagiarizes, misappropriates, or infringes the rights of third parties, including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information, or any other third party material, or material that is subject to other third party rights, unless you have permission from the rightful rights holder in such material;

  • Submit any content that is abusive, libelous, defamatory, pornographic, obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity, or sexual orientation, or is otherwise objectionable in Edu Tennis Inc.’s reasonable determination;

  • Submit content to the Service that violates the Edu Tennis Inc. Community Guidelines, which may be occasionally updated;

  • Post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation through the Services or to any user;

  • Use the Service for business other than providing teaching or related services to Students;

  • Use any data or other information you receive about Students for any purpose other than providing your services to those Students on the Service;

  • Solicit additional personal data (beyond that described above) from Students or store Students’ personal data outside the Service; or

  • Employ any techniques or make use of any services designed to misrepresent the popularity of Your Content on the Service, or to misrepresent your activity on the Service, including by the use of bots, botnets, scripts, apps, plugins, extensions, or other automated means to register accounts, log in, add followers to your account, play content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion.

Edu Tennis Inc. reserves the right, but is under no obligation, to delete any class or other content at any time and for any reason.

    1. instructor Payments

.1 Revenue Share

When a student purchases your Your Content, we calculate the gross amount of the sale as the amount actually received by Edu Tennis Inc. from the student (“Gross Amount”). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile provider checkout sales, a 3% service and processing fee (except in Japan, where we subtract a 4% fee) for any non-mobile provider checkout sales, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale (“Net Amount”).

If you have not opted into any of Edu Tennis Inc.’s optional Promotional Programs, and except for sales through instructor-generated coupon codes or course referral links as described below, your revenue share will be 75%, unless agreed otherwise, calculated on the Net Amount less any applicable deductions, such as student refunds. If we change this payment rate, we will provide you 30 days notice using prominent means, such as via email or by posting a notice through our Services.

If you opt into any of the Promotional Programs, the relevant revenue share may be different and will be as specified in the Promotions Policy.

Edu Tennis Inc. makes all instructor payments in Canadian dollars (CAD) regardless of the currency with which the sale was made. Edu Tennis Inc. is not responsible for your foreign currency conversion fees, wiring fees, or any other processing fees that you may incur. Your revenue report will show the revenue amount in Canadian dollars.

5.3 Receiving Payments

For us to pay you in a timely manner, you must own a PayPal, a bank account in good standing and must keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.

Depending on the applicable revenue share model, payment will be made within 45 days of the end of the month in which (a) we receive the fee for a course or (b) the relevant course consumption occurred.

As an instructor, you are responsible for determining whether you are eligible to be paid by a Canadian company. 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 we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.

5.4 Refunds

You acknowledge and agree that students have the right to receive a refund, as detailed in the Terms of Use. Instructors will not receive any revenue from transactions for which a refund has been granted under the Terms of Use.

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 Your Content.

      1. Deleting an instructor Account

Instructions on how to delete your instructor account are available here. 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 Content, your name and that content may remain accessible to those students after your account is deleted. If you need help or encounter difficulty deleting your account, you can contact us via our Help Centre

If you would like Your Content removed from any Edu Tennis Inc.-related sublicensing arrangement, please see Section I.C. above and follow the instructions specified there