Instructor Terms & Conditions

Instructor Terms & Conditions

These Instructor Terms & Conditions were last updated September 12, 2016.

If you are an Instructor, these Instructor Terms & Conditions (the “Instructor Terms”) contain the terms and conditions of Your participation as an Instructor via DMBIonline’s Services. This is a binding agreement between you and DMBIonline and is incorporated by reference into DMBIonline’s Terms of Use (“Terms of Use”).

1. Key Definitions

“Instructor Revenue” shall mean Net Amount less any refunds paid, as provided in Section 10 of the Terms of Use.

“Gross Amount” means the amount actually received by DMBIonline for purchases by Students for Your Course.

“Net Amount” means Gross Amount, less (1) Taxes (pursuant to section 11); (2) for web sales, an administrative and handling fee (commonly 3%); and (3) any amounts paid in connection with DMBIonline’s Marketing Programs if You choose to opt-in (as further described below).

2. Agreement

As an Instructor You are contracting directly with DMBIonline operated by Bright Eagle Project LLC.

3. Your Relationship with Students

Instructors do not have a direct contractual relationship with Students. The only information You will receive about Students is what is provided to You through the Services (“Student Related Data”). You understand and agree that You will indemnify DMBIonline for any issues arising out of Your use of any Student Related Data.

4. Obligations

As an Instructor, You represent, warrant, and covenant that:

  1. You will visit http://dmbionline.com/instructors and complete the Instructor enrollment form.
  2. You will be responsible for all of Your Submitted Content. You further agree that You own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize DMBIonline, 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 Instructor Terms;
  3. No Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
  4. 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 Your Course and through the Services;
  5. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
  6. 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;
  7. You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Students;
  8. You will not engage in any activity that will require DMBIonline 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;
  9. You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Company Content and/or the Services or operations thereof, except as permitted in these Instructor Terms;
  10. You will not frame or embed the Services in a manner to embed a free coupon version of your course or other similar functionality intended to circumvent the Services;
  11. You will not impersonate another person or gain unauthorized access to another person’s Account;
  12. Your use of the Services are subject to DMBIonline’s approval, which We may grant or deny in Our sole discretion;
  13. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services;
  14. You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
  15. You will maintain accurate Account information;
  16. You shall respond promptly to Students and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
  17. You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these Instructor Terms, as well as all other of Our terms and policies as shall be posted on Our Services from time to time, and will assume responsibility and liability for Your performance and compliance hereunder.

5. License to DMBIonline

You hereby grant DMBIonline a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content through the Services, and sublicense it to Users for these purposes directly or through third parties. For more information on how we may use Submitted Content please visit Our Privacy Policy. Notwithstanding the foregoing, and subject to the Instructor Terms, if you are an Instructor, unless specifically stated otherwise, You have the right to remove all or any portion of Your Submitted Content from the Services at any time. 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 hereby agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Services. You hereby grant DMBIonline permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the 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.

6. Trust & Safety

By agreeing to these Instructor Terms, You also agree to abide by the community safety policies found here and more specifically, the list of restricted topics found below. Please check both periodically as there will be minor changes made to the policies and restricted list from time to time. DMBIonline reserves the right to remove Courses and Instructors at its sole discretion, as described in Our Terms of Use.

Restricted Topics

DMBIonline does not allow courses on certain restricted topics. We’ve restricted these topics because courses on these topics are inconsistent with our branding, values and the spirit of DMBIonline.

The content can only relate to online marketing, more specifically paid online advertising strategies.

The content cannot be or contain any of the following:

  • Sexually explicit
  • Making, handling or using weapons
  • Violence
  • Hate speech
  • Enabling illegal behavior
  • Intentionally misleading, deceiving, demeaning, or harmful to any party
  • Offensive or otherwise inappropriate
  • Business opportunities
  • Topics NOT related to online advertising, paid online pads, and media buying.

The content can also not be copyrighted/trademarked by another party or licensed through PLR (Private Label Rights, which are courses you’ve purchased from someone else)

We reserve the right to add to and modify this list. If you see a topic that you believe should not be on the platform, please emailinfo@dmbionline.com

8. Pricing

As an Instructor, You will be responsible for determining the Base Price You charge Students for Your Course(s). You agree to charge only for Your own Submitted Content. You may not charge separately for any course add-ons such as downloadable PDFs or other content and services (such as providing a link to a third party service to sell downloadable PDFs). The Company will handle billing and other fee interaction with Students.

As part of Your participation on DMBIonline, You give Us permission to share Your Course, and information about You and the Course with DMBIonline employees and selected partners, for which You will not receive compensation.

DMBIonline offers certain programs that can help you market your Courses (“Marketing Programs”). As an instructor, you are automatically enrolled in the marketing program. The complete list and terms of the currently available Marketing Programs are available under our Instructor Pricing and Promotions in our Support Center, which may be updated from time to time. If you would like to “opt out” of these marketing programs, contact our support at info@dmbionline.com

You acknowledge that the amounts paid by Students for Courses sold through Marketing Programs are not fixed, and DMBIonline has the sole discretion to determine those amounts and which Courses to offer as part of such Marketing Programs. Further, DMBIonline does not guarantee any minimum level of success in connection with the Marketing Programs, and its selection of Courses to include is not an endorsement of those Courses, or of You. If You do not wish to participate in certain Marketing Programs, contact info@dmbionline.com to opt out of them.

You may be able to increase Your sales by promoting Your Courses using a coupon code that You have created on DMBIonline. For additional information on Instructor created coupons please see our support center.

9. Payments

We will pay You twenty percent (20%) of the Net Amount received for Your Course less any applicable deductions such as Student refunds (“Standard Revenue Share”). If DMBIonline changes the Standard Revenue Share, we will provide you thirty (30) days notice via email or prominent notice on the Services.

So that DMBIonline can pay you in a timely manner, you must have a PayPal account in good standing and keep DMBIonline apprised as to the correct email address associated with your PayPal account. If you do not have a Paypal account, you can sign up for PayPal directly from their website. Payment will be made within forty-five (45) days of the end of the month in which the fee for a Course was received. You are responsible for providing DMBIonline with all identifying and tax information necessary for the payment of amounts due.

As an Instructor, you are responsible for determining whether you are eligible to be paid by a US company.

We will pay You fifty percent (50%) of the Net Amount received for Your Course less any applicable deductions if you agree to these additional instructor requirements. Additional requirements include: Submit 1 exclusive blog post or 1 “Course In Action” video per month related to your marketing specialty. This helps us promote new courses to current students of other courses.

You must be approved to receive a fifty percent instructor payout. For more information, contact info@dmbionline.com

In order to receive your payments you must sign and submit an the W-9 IRS Form.

10. Refunds

As an Instructor, you acknowledge and agree that Students have the right to receive a refund, as set forth in section 3 of DMBIonline’s Terms of Use. Neither Instructors nor DMBIonline shall receive any payments, fees or commissions for any transactions for which a refund has been granted pursuant to section 3 thereof. In the event that a Student requests a refund for a Course after DMBIonline has sent an Instructor payment for that Course, DMBIonline reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that Instructor, or (2) require that Instructor to refund any amounts refunded to Students for Instructor’s Course to the extent no additional payments are due from DMBIonline to Instructor or such payments due to the Instructor are insufficient to cover the amounts refunded to Students.

11. Taxes

You understand and agree that You are responsible for any taxes on Your income. With regard to sales tax on the sale of Your Courses, the following applies:

1. European Union

In the event that the sale or delivery of a Course or any Submitted Content to any Student in the European Union is subject to any value added tax (“VAT”), under applicable law, DMBIonline will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students in the European Union. DMBIonline may at its Own discretion increase the Sale Price where DMBIonline is of the view that VAT may be due and DMBIonline will have a liability to account for such. You will indemnify and hold DMBIonline harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon on Your Instructor Revenue or otherwise.

2. All Other Countries

For sales of any Courses or Submitted Content in countries other than the European Union, You are responsible for following the requirements of the appropriate taxing authority related to sales tax on Your Courses (which may be different to the tax authority in Your own location). DMBIonline is unable to provide You with tax advice and You should consult Your own tax advisor.

12. Deletion of Your Account

If You wish to delete Your Instructor Account, You may do so by following the steps provided in our support center. We will make any remaining scheduled payments due and owing to You prior to deleting Your Account. You hereby understand and agree that if Student(s) have previously enrolled to Your Course(s), after Your Account has been deleted Your name and such Course(s) will remain accessible to those such Students who enrolled to Your Course(s). Should You require any assistance or encounter any difficulty in deleting Your Instructor Account You may also contact Us via email at info@DMBIonline.com, and We will make commercially reasonable efforts to respond to Your request within 24 hours.

13. Modifications to These Instructor Terms

From time to time, We may update these Instructor Terms to clarify our practices or to reflect new or different practices, such as when We add new features, and DMBIonline reserves the right to modify and/or make changes to these Instructor 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. Other modifications will become effective on the day they are posted unless stated otherwise. If You continue to use the Services, after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Instructor Terms as changed. The revised Instructor Terms supersedes all previous Instructor Terms.