Specific Obligations of Contributors.

If You are instructing Learners in connection with a Course or have otherwise shared Submitted Content You are a “Contributor” and the following additional terms and conditions apply, and You represent, warrant and covenant that:

  • You are subject to the Company’s approval, which We may grant or deny in Our sole discretion;
  • You need to visit www.optimumtennis.net  and complete the Contributor enrollment form and if You will charge fees for Your Courses You will also need to agree to the Contributor Terms;
  • You will be responsible for all of Your Submitted Content, that You own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize Company, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content on and through the Services in the manner contemplated by these this Contributor Agreement, and that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
  • You hereby represent and warrant that all Submitted Content in the form Articles on the Site are exclusively posted on Site and not any third party websites, with the exception of Your website, unless otherwise authorized in writing by Optimum Tennis. If an Article is also posted on Your website, You may only post on Your website after the Article has been live on Optimum Tennis for one (1) week and must apply a canonical URL as defined here: https://support.google.com/webmasters/answer/139066 to the duplicate Article on Your website that indicates the preferred URL (as defined by the link in this section) as the URL hosting the Article on the Site, unless otherwise authorized in writing by Optimum Tennis;
  • You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on and through the Site and the Services;
  • You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
  • You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services or to any User;
  • You will not use the Services for any business other than for providing articles, product reviews, live and recorded instruction, video coaching, eBooks, audio books, live demonstrations and other instructional services to Learners;
  • You will not engage in any activity that will require Company to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
  • You will not copy, modify or distribute Company Content except as permitted in this Contributor Agreement;
  • You will not interfere with or otherwise prevent other Contributors from providing their services or Courses;
  • You will maintain Your enrollment and account information, and all such enrollment and account information shall be accurate;
  • You shall respond promptly to Users seeking Your services and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
  • You are over the age of 18.

Content, Licenses & Permissions

Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.

Upon receipt of a Digital Millennium Copyright Act (DMCA) compliant notice regarding alleged copyright infringement, Your allegedly infringing Submitted Content will be immediately removed from the Site. You will then be provided the opportunity to provide a counter notification, pursuant to the DMCA, complying with the following requirements:

  • Your name, address, phone number and physical or electronic signature.
  • A statement under penalty of perjury that the material was removed by mistake or misidentification, including applicable use license information.
  • Your consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.

Upon receipt of this information, Company will promptly notify the claiming party of Your objection. If the copyright owner does not bring a lawsuit in district court within 14 days of receipt of the counter notice, Your material will be restored to its location on the Site.

Repeat infringers may be subject to additional action including termination of Your account and removal of all Submitted Content from the Site.

You hereby grant the Company a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Services, and sublicense it to Users for these purposes directly or through third parties. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time, with the exception of Articles, for which You grant Company an irrevocable license that cannot be terminated for any reason, including breach, for which Your exclusive remedies are damages and equitable relief. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to 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 agree that We may record and/or edit all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site and the Services. You hereby grant the Company permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, 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.

Pricing and Payments

Key Definitions

“Base Price” means the course price set by the Contributor.

“Sale Price” means the actual sale price for the Course.

“Net Amount” means the amount actually received from Learners for Your Course, less any refunds paid, transaction fees, applicable sales or other taxes, and any amounts paid in connection with Marketing Programs that You participate in.

Courses

As a Contributor, You will be solely responsible for determining the Base Price You charge Learners for Your Courses, provided that the Base Price is no greater than the price Your Courses are listed for on any other sites, including Your website if applicable. You agree to charge only for Your own Submitted Content. The Company will handle billing and other fee interaction with Users. All transactions will be conducted using US dollars.

Affiliate Marketing for Products

As a Contributor, you have the opportunity for Submitted Content that is offered for free to Users to contain affiliate links from vendors and products authorized by Company. Contributors may request affiliate link tracking IDs by submitting a request to support@optimumtennis.net. Optimum Tennis, in its sole discretion, may remove affiliate links from Submitted Content without notice to Contributor. Affiliate links created by Company will not be subject to the policies below regarding distribution of commissions and will be retained, in full, by Company

The following policies apply:

  • The Company will pay You fifty percent (50%) of the Net Amount received for Your Course or affiliate commissions from Submitted Content. The Net Amount equals the amount actually received from Learners for Your Course, less any refunds paid, applicable sales or other taxes (if any) and any amounts paid in connection with Required Marketing Programs (defined below) or Optional Marketing Programs (defined below) that You participate in. The Net Amount will typically be based on the Base Price, but Company reserves the right to increase or decrease the Base Price in connection with the Company’s marketing and promotional efforts through Required Marketing Programs or Optional Marketing Programs.

You authorize the Company to perform the appropriate calculations, deduct and retain the transaction fee, and pay You the Net Amount as indicated above.

“Required Marketing Programs” include up to a ten percent (10%) discount offered to Learners for the purchase of any Course for sale on the Site which includes, but is not limited to, seasonal promotions, review incentives, new Learner acquisition and other promotional activities. Company may not offer discounts in excess of ten percent (10%) without Contributor’s consent or participation in Optional Marketing Programs.  The Company does not guarantee any minimum level of success in connection with any Required Marketing Programs, and its selection of Courses to include is not an endorsement of those Courses, or of You. As part of Your participation in Required Marketing Programs, You give Us permission to share Your Course, and information about You and the Course with Optimum Tennis employees and selected partners, for which you will not receive compensation.

Users are entitled to refunds pursuant to Our general Terms of Use and You agree that Company may deduct such refunds from subsequent amounts owed to You. Company will issue remit to You any amounts remaining after the foregoing deductions and adjustments, in US dollars, via PayPal to the email address registered with Company. Payment will be made within forty-five (45) days of the end of the month in which the fee for a Course or affiliate commission was received. In the event that a Learner requests a refund for a Course after Optimum Tennis has sent You payment for that Course, Optimum Tennis reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to You, or (2) require that You to refund any amounts refunded to Learners for Your Course to the extent no additional payments are due from Optimum Tennis to You or such payments due to You are insufficient to cover the amounts refunded to Learners.

Taxes

For sales of any of Courses or Submitted Content or payments for Affiliate Marketing Purchases, You are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in your own location). Optimum Tennis is unable to provide you with tax advice and You should consult your own tax advisor.

Optimum Tennis Optional Marketing Programs for Paid Courses

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