Last Updated July 23, 2020
When you sign up to become an instructor on the WBHM platform, you agree to abide by these Advisor Terms (“Terms“).
As an advisor, you are an independent contractor with WBHM.
1. Approval or rejection of advisor application
The Owner reserves the right to approve or reject ANY Advisor Application in its sole and absolute discretion. You will have no legal recourse against the Owner for the rejection of the Advior Application.
2. Reasons for rejection
Without limiting the right to reject any application for any reason whatsoever in the Owner’s absolute discretion, your application will be rejected if it is not complete or if your course contains images or content that is not acceptable to Owner or is inconsistent with the image that the Owner wishes to create in association with its website, or if your course contains any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or if your course contains any material that appears to Owner to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.
3. Termination after acceptance
Even after the Owner has accepted you as an Advisor member, the Owner reserves the absolute right to rescind or terminate your status for any reason in its sole and absolute discretion, including but not limited to the reasons set forth above.
You will forfeit all right to receive past commissions that may have accrued to you if this Agreement is terminated as a result of your failure to comply with the terms of this Agreement or any policies and procedures of Advisor Program that may be established and amended by the Owner in its discretion from time to time. If this Agreement is terminated for any other reason, you will have a right to receive its accrued commissions through the effective date of termination; provided, that if your total commissions due hereunder meet the minimum payment requirements set as part of this Agreement. The Owner has the right to withhold final commission payments for sufficient time in order to assure that the amount paid to you is accurate and not subject to later adjustment for returns or any other reason. If following final payment the Owner determines that the amount of commissions that you were paid was too high, as a result of subsequent returns or any other adjustment or reason, the differential shall be a debt from you to the Owner and the Owner shall have all legal right to receive a refund of such overpaid commission from you.
4. Oblications
You will be responsible for all the content that you provide on the WBHM platform.
You will:
- provide and maintain accurate account information;
- you will assure that you own or have licenses, rights, consents, permissions, and authority to authorize WBHM to use your submitted content
- your content will not infringe any third party’s intellectual property rights;
- you will respond promptly and professionally to students
You will not:
- provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
- upload any unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through WBHM platform or to any user;
- you will not upload anything other than instructional services for 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;
5. License to WBHM
You grant WBHM the rights to offer, market your submitted courses.
You have the right to remove all or any portion of your content from WBHM platform at any time. However, rights given to students before the submitted content’s removal will continue.
You grant WBHM permission to use your name, and image in marketing and promoting your course that you have submitted.
6. Trademarks and Copyrights
You will have a non-exclusive, limited term license to use the trademarks, logos, and copyrighted material that the Owner provided to you for use solely for the purpose of promoting products and services. You may only use the images that the Owner specifically makes available to you. You may not distribute, reproduce, modify, amend, these images in any way. You may use these images only for the purposes of promotion of products on your website and/or social media platforms in compliance with the our policies and procedures and the terms of this Agreement. The license so granted is subject to complete compliance with all terms and conditions of this Agreement and any policies the Owner may create and amend from time to time regarding the Advisor Program.
You will only use such items in the form, size, content, and appearance that the Owner provided them to you. These items may only be used in if they contain a hypertext link to the Owner’s website. This license shall immediately terminate upon the termination from our Advisor Program. The Owner may also terminate this license upon notice to you in the event that your use of these items is contrary to or does not conform with its standards, such standards to be determined in its sole and absolute discretion. You agree that the Owner retains all right, title and interest in and to all such materials. The Owner will retain all goodwill and other value associated with any of these materials. You will not gain any trademark, copyright or other proprietary rights to such materials. You agree not to take any action that is contrary to or inconsistent with the Owner rights to these materials. You will not use these materials in any way that is damaging, defamatory, disparaging, derogatory, or negative to the Owner or that paints the Owner in a false or negative light. The Owner may revoke the limited license granted to you hereunder at any time. Upon termination or revocation, you will immediately cease from any use this material.
You are not permitted to use any other proprietary materials, including but not limited to trademarks, copyrights, logos, text, and any other materials that belong to the Owner or to any other party and which may appear on the Owner’s website.
You grant to the Owner a non-exclusive right and license to use your trademarks, trade names, service marks, business names, web page titles, slogans, logos, and copyrighted materials for the purposes of promoting, advertising, announcing, or marketing your participation in the Advisor Program. You represent and warrant to the Owner that no other party has any rights in and to any of these materials and that these materials do not infringe upon or otherwise interfere with the rights of any other party. You represent and warrant to be the absolute, sole and exclusive owner of all such materials and the owner of all trademark rights, copyrights, and other proprietary rights in and to the same. You represent to have the right, power, and authority to license said materials to the Owner as aforesaid and that you are not under any legal or contractually limitation on the right to so license these materials. The Owner has no obligation to announce, advertise, market, or promote your participation in the Advisor Program, but reserves the right to do the same at its sole discretion.
7. Pricing
7.1 Price Setting
When creating a course, you will select a base price (“Base Price“) for your course.
7.2 Transaction Taxes
If a student purchases a product that requires WBHM 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.
8. Payments
8.1 Revenue Share
When a student purchases your course, we calculate the gross amount of the sale as the amount actually received by WBHM from the student (“Gross Amount“). From this, we subtract any Transaction Taxes and calculate the net amount of the sale (“Net Amount“).
WBHM makes all instructor payments in U.S. dollars (USD).
Instructors will receive 40% of the net amount of the sale.
8.2 Receiving Payments
You must have a PayPal account in good standing in order to get paid. You must also provide any identifying information or tax documentation (such as a W-9 or W-8) 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.
8.3 Compensation
Commissions will be paid to you on the 1st on a monthly basis, 30 days after the end of the month in which payments are made. Ex. If a sale occurs on July 10th, the affiliate will receive the payment on September 1st. This is due to the 30day return policy. The Owner does not guarantee an exact date of calculation of commissions or payments. All payments will be made via PayPal to you as provided by you in your Application. The Owner does not send payment if the total commission due to you is not at least [ENTER MININUM PAYMENT AMOUNT]. Amounts below [amount] will accrue to your account and payment will be made for the month when your total commissions achieve the minimum [amount]. The Owner reserves the right to amend the minimum commission payment amount at any time.
8.4 Refunds
You acknowledge and agree that students have the right to receive a refund, as detailed in the Terms of Use. Advisors 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 advisor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the advisor (2) where no further payments are due to the advisor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the advisor’s courses.
9. Customers
All parties who make purchases through the Owner’s website, regardless of whether they may have reached its website through your affiliate link, are deemed to be the Owner’s customers and not your customers relative to the Owner’s products and services. The Owner will have the right to contact these customers and send future marketing offers to them. You will have no right to commissions on subsequent purchases that may be made by these customers, except for subsequent purchases that may be traced at the time of purchase through your affiliate links and commission from your courses. Additionally, all such customers and purchases will be subject to the Owner policies, procedures, rules and regulations and you have no right or authority to amend or offer any different offers relative to the purchase of products from the Owner’s website. The Owner, however, reserves the right to amend any of its terms, conditions, policies, procedures, pricing, payment policies, collection policies, and all other items relative to the Owner’s business and sale of products at any time in its sole discretion.
10. Indemnification
You hereby indemnify and holds the Owner, and all of the Owner stockholders, officers, directors, employees, contractors, affiliates, agents, successors and assigns harmless from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that the Owner may incur and which are based in whole or in part upon your participation in the Affiliate Program, any claims that any of the your trademarks and other proprietary material infringe upon the rights of any other party, your breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Affiliate Program, or any claim related directly or indirectly to your use, operation or the content of your website.
11. Limitation of liabilities
THE OWNER HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY RELATED TO ANY DOWNTIME OR FAILURE FOR USERS TO BE ABLE TO ACCESS ITS WEBSITE OR TO ACCESS ITS WEBSITE USING THE LINK FROM THE YOU’S WEBSITE. FURTHERMORE, THE OWNER SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO ITS WEBSITE, THE ADVISOR PROGRAM, YOUR PARTICIPATION IN THE ADVISOR PROGRAM, YOUR ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE PROFIT THROUGH PARTICIPATION IN THIS PROGRAM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY, NON-INFRINGEMENT, OR ANY CLAIM MADE BASED UPON THE OWNER’S COURSE OF DEALING OR USAGE OF TRADE. THE OWNER DOES NOT REPRESENT OR WARRANT THAT ITS WEBSITE OR ANY APPLICATION, INCLUDING BUT NOT LIMITED TO ITS LINK TRACKING FEATURES, WILL BE ERROR-FREE OR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION.
THE OWNER SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LIABILITIES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, LOST PROFITS, LOST BUSINESS OPPORTUNITY OR ANY OTHER DAMAGES; REGARDLESS OF WHETHER THE OWNER WAS OR HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME AND TOOK NO ACTION TO PREVENT THE SAME.
12. Deleting your account
If you desire to delete your account then we will use 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. If you desire to delete your account, you can contact us via our Support Center.
13. Miscellaneous service terms
13.1 Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and WBHM reserves the right in its sole discretion to modify and/or make changes to these 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 through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
13.2 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
14. How to Contact Us
The best way to get in touch with us is to contact our support team at infor@whambamyoureahandyman.com with subject line Advisor Info.
Advisor Terms last updated July 2020.