These Instructor Terms were last updated FEBRUARY 4, 2023.
When you elect to become an instructor on the WAKEUPU platform, you agree to abide by these Instructor Terms (“Terms”). These Terms cover details about the aspects of WAKEUPU platform relevant to instructors and are incorporated by reference into our Terms and Conditions, the general terms that govern your use of our Services.
As an instructor, you are contracting directly with WAKEUP LLC d.b.a WAKEUPU (a California corporation in the United States).
1. Instructor Obligations
As an instructor, you are responsible for all content that you submit to WAKEUPU, including videos, and additional resources of any kind. (“Submitted Content”).
You represent and warrant that:
you will provide and maintain accurate account information;
you own or have the necessary licenses, rights, consents, permissions, and authority to authorize WAKEPUU to use your Submitted Content as specified in these Terms and the Terms and Conditions;
your Submitted Content will not infringe or misappropriate any third party’s intellectual property rights;
you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
you will ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
You warrant that you will not:
post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
use the Services for business other than providing, teaching, and instructional services to viewers;
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;
frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
impersonate another person or gain unauthorized access to another person’s account;
interfere with or otherwise prevent other instructors from providing their services or content; or
abuse WAKEUPU resources, including support services.
2. License to WAKEUPU
You grant WAKEUPU the rights detailed in the Terms and Conditions to offer, market, and otherwise exploit your Submitted Content. This includes the right to add captions or otherwise modify Submitted Content to ensure accessibility. You also authorize WAKEUPU to sublicense these rights to your Submitted Content to third parties, including to students directly and through third parties such as resellers, distributors, affiliate sites, deal sites, and paid advertising on third-party platforms.
Unless otherwise agreed, you have the right to request the removal of all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, WAKEUPU’S right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content’s removal. However, (1) rights given to students before the Submitted Content’s removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) WAKEUPU’s right to use such Submitted Content for marketing purposes shall survive termination.
We may record and use all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant WAKEUPU permission to use your name, likeness, voice, and image in connection with the offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or WAKEUPU’s content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
3. Trust & Safety
3.1 Trust & Safety Policies
You agree to abide by WAKEUPU’S Terms and Conditions and other content quality standards or policies prescribed by WAKEUPU from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to WAKEUPU’S approval, which we may grant or deny at our sole discretion.
We reserve the right to remove content, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including in cases where:
an instructor or content does not comply with our policies or legal terms (including the Terms and Conditions);
content falls below our quality standards or has a negative impact on the student experience;
an instructor engages in behavior that might reflect unfavorably on WAKEUPU or bring WAKEUPU into public disrepute, contempt, scandal, or ridicule;
an instructor engages the services of a marketer or other business partner who violates WAKEUPU’s policies;
an instructor uses the Services in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates WAKEUP’S policies; or
as determined by WAKEUPU in its sole discretion.
3.2 Co-Instructors and Teaching Assistants
The WAKEUPU platform allows for only 1 instructor to be added to each video/course at this time. The software is limited in this nature. If you have co-instructors on a video, you need to decide who the main instructor will be and make an agreement with each other on dividing revenue sharing amongst yourselves.
3.3 Relationship to Other Users
Instructors don’t have a direct contractual relationship with students. You agree that you will not use the data you receive for any purpose other than providing your services to those students. If a student reaches out to you, you will ask for consent from them before adding them to any campaign marketing or other solicitation software. You agree to indemnify WAKEUPU against any claims arising from your use of students’ personal data.
3.4 Anti-Piracy Efforts
We partner with anti-piracy vendors to help protect your content from unauthorized use. To enable this protection, you hereby appoint WAKEUPU and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your content, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant WAKEUPU and our anti-piracy vendor’s primary authority to file notices on your behalf to enforce your copyright interests.
You agree that WAKEUPU and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to email@example.com with the subject line: “Revoke Anti-Piracy Protection Rights” from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.
4.1 Price Setting
When creating Submitted Content available for purchase on WAKEUPU.com, you will be prompted to create a Discovery Course first. This course will be included in our Discovery Course subscription package. Once you have submitted a Discovery Course, you will be granted the right to add additional courses, which we call Expanded Courses, and put any pricing you decide.
You give us permission to share your Submitted Content for free with our employees, with selected partners, and in cases where we need to restore access to accounts who have previously purchased your Submitted Content. You understand that you will not receive compensation in these cases.
4.2 Transaction Taxes
If a student purchases a product or service in a country that requires WAKEUPU 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 when we determine that such taxes may be due. For purchases through mobile applications, applicable Transaction Taxes are collected by the mobile platform (such as Apple’s App Store or Google Play).
5.1 Revenue Share
Please read about the Discovery Courses Revenue Program here, to understand what this program entails and how your revenue share is calculated.
When a student purchases your Submitted Content, we calculate the gross amount of the sale as the amount actually received by WAKEUPU 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 for any non-mobile provider checkout sales, and any amounts paid to third parties to calculate the net amount of the sale (“Net Amount”).
WAKEUPU makes all instructor payments in U.S. dollars (USD) regardless of the currency with which the sale was made. WAKEUPU 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 sales price (in local currency) and your converted revenue amount (in USD).
5.2 Instructor Coupons and Course Referral Links
The WAKEUPU platform allows you to generate coupon codes and referral links to items on our site. These coupon codes and referral links are subject to limits, and you may not sell them on third-party websites or otherwise offer them in exchange for compensation.
When a student purchases your product you will get 30% of the Net Amount.
When a student purchases your product and applies your coupon code or referral link at checkout, your revenue share is 80% less any applicable deductions, such as student refunds.
5.3 Receiving Payments
For us to pay you in a timely manner, you must own a PayPal account, be 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 (such as a W-9 or W-8) necessary for the 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 U.S. 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.
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 Submitted Content.
While you are a published instructor and subject to the requirements below, you may use our trademarks where we authorize you to do so.
only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;
only use our trademarks in connection with the promotion and sale of your Submitted Content available on WAKEUPU or your participation on WAKEUPU; and
immediately comply if we request that you 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 Submitted Content or services; or
use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
7. Removal of your submission(s)
You may contact us at firstname.lastname@example.org to request the deletion or removal of your submissions. We’ll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you. You understand that if students have previously enrolled in your Submitted Content, your name and that Submitted Content may remain accessible to those students after your content has been deleted.
8. Miscellaneous Legal Terms
8.1 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 WAKEUPU 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.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
8.3 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to WAKEUPU), 3.3 (Relationship to Other Users), 5.3 (Receiving Payments), 5.4 (Refunds), 7 (Removal of your submissions), and 8 (Miscellaneous Legal Terms).
9. How to Contact Us
The best way to get in touch with us is to contact our support team. We’d love to hear your questions, concerns, and feedback about our Services.