Last updated on May 31st, 2020

On joining the Swamonk EduCare – Teaching Partner Program, you (“Teaching Partner”) agree to abide by these Swamonk EduCare – Teaching Partner Program Terms (“Terms”). These Terms cover details about the aspects of the Swamonk EduCare platform relevant to Swamonk EduCare – Teaching Partner Program and are incorporated by reference into our Terms of Use, the general terms that govern a Teaching Partner’s use of our Services. Any capitalized terms that aren’t defined in these Terms are defined as specified in the Terms of Use.

As a Teaching Partner, she/he shall be responsible for all content that she/he posts, including answers, lectures, quizzes, coding exercises, practice tests, assignments, resources, course landing page content, communication with students, and announcements (“Submitted Content”).

 

Teaching Partner represents and warrants that:

  • she/he will provide and maintain accurate account information;
  • she/he own or have the necessary licenses, permissions, rights, consents, and authority to authorize Swamonk EduCare to use her/his Submitted Content as specified in this Agreement and the Terms of Use;
  • her/his Submitted Content will not infringe or misappropriate any third party’s intellectual property rights;
  • she/he has the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that she/he offers through her/his Submitted Content and use of the Services; and
  • she/he will respond promptly to Students and ensure a quality of service that corresponds with the standards of her/his industry and instruction services in general.

She/he warrants that she/he will not:

  • post or provide any inappropriate, sexist, pornographic, offensive, racist, hateful, 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 tutoring, teaching, and instructional services to students;
  • engage in any activity that would require Swamonk EduCare 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;
  • impersonate another person or make an attempt to or gain unauthorized access to another person’s account;
  • interfere with or otherwise prevent other Teaching Partners from providing their services or courses; or
  • abuse Swamonk EduCare’s resources, including support services.

Teaching Partner grants Swamonk EduCare the rights detailed in the Terms of Use to offer, market, and otherwise use her/his Submitted Content, and to sublicense it to students for these purposes directly or through third parties. This includes the right to include captions or otherwise amend content to ensure accessibility.

 

Unless otherwise agreed (including within our Promotions Policy), Teaching Partner has the right to remove all or any portion of her/his Submitted Content from the Services within following timelines:

  • in the case her/his course doesn’t have any active enrolment: at any time
  • in the case her/his course has active enrolments (in any form) – on the expiry of last student’s access rights. However, we will not accept any new enrolments in respect to the Submitted Content for which our Teaching Partner has submitted content removal requests.
  • in any other case – with the prior notice of 30 days in advance at [email protected]

Provided that, Swamonk EduCare’s right to sublicense the rights in this section will terminate for new users 7 days after acceptance of the Submitted Content’s removal request.

Provided further that –

  1.  rights given to students before the Submitted Content’s removal will continue per the terms of those licenses (including any grants of lifetime access); and
  2.  Swamonk EduCare’s right to use such Submitted Content for marketing purposes shall survive termination

We may record all or any part of the Teaching Partner’s Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. Teaching Partner grant Swamonk EduCare permission to use her/his name, likeness, voice, and image in connection with the offering, delivering, marketing, demonstrating, promoting, and selling the Services, her/his Submitted Content, or Swamonk EduCare’s content, and she/he waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law. All of the Teaching Partner’s submitted content can be used by Swamonk EduCare on third party platforms (including but not limited to social media platforms) to attract new visitors to our website. A Teaching Partner gives Swamonk EduCare complete right to use her/his submitted content on Social Media Platforms (including but not limited to YouTube, Facebook, Instagram) for promotions of our courses, website, and imparting information, etc. A Teaching Partner (including any ex- Teaching Partner) shall not report any infringement issue (including but not limited to YouTube Channel Strike) with such contents. In the event of contravention of this clause, Swamonk EduCare exclusively reserves the right to claim the financial and other losses incurred by us.

3.1 Trust & Safety Policies

Teaching Partner agrees to abide by Swamonk EduCare’s Trust & Safety policies, Restricted Topics policy, and other course quality standards or policies prescribed by us from time to time. Teaching Partner should check these policies periodically to ensure that she/he complies with any updates to them as well. Teaching Partner understands that her/his use of the Services is subject to Swamonk EduCare’s approval, which we may grant or deny at our sole discretion.

Swamonk EduCare reserves the right to remove courses, suspend payouts, and/or ban Teaching Partners for any reason at any time, without prior notice, including in cases where:

  • a Teaching Partner or course does not comply with our policies or legal terms (including but not limited to this Agreement, Terms of Use);
  • a course falls below our quality standards or hurts the student experience;
  • a Teaching Partner engages in behavior that might reflect unfavorably on Swamonk EduCare or bring Swamonk EduCare into public disrepute, contempt, scandal, or ridicule;
  • a Teaching Partner engages the services of a marketer or other business partner who violates Swamonk EduCare’s policies; or
  • as determined by Swamonk EduCare in its sole discretion.

3.2 Relationship to Other Users

Teaching Partner doesn’t have a direct contractual relationship with students, so the only information she/he will receive about students is what is provided to her/him through the Services. Teaching Partner agrees that she/he will not use the data she/he will receive for any purpose other than providing her/his services to those students on the Swamonk EduCare platform and that she/he won’t solicit additional personal data or store students’ data outside the Swamonk EduCare platform. She/he will indemnify Swamonk EduCare against any claims arising from her/his use of students’ data and shall also be liable for the legal damages caused to Swamonk EduCare.

3.3 Anti-Piracy Efforts

We partner with anti-piracy vendors to help protect Teaching Partner s’ courses from unauthorized use. To enable this protection, Teaching Partner hereby appoints Swamonk EduCare and our anti-piracy vendors as her/his agents to enforce copyrights for each of their courses, through notice and takedown processes (under applicable copyright laws like the Indian Copyright Act, 1957; Digital Millennium Copyright Act and other related laws) and for other efforts to enforce those rights. Teaching Partner grants Swamonk EduCare and our anti-piracy vendor’s primary authority to file notices on her/his behalf to enforce her/his copyright interests.

Teaching Partner agrees that Swamonk EduCare and our anti-piracy vendors will retain the above rights unless she/he revokes them by sending an email to [email protected] with the subject line: “Revoke My Anti-Piracy Protection Rights” from the Email ID registered with Teaching Partner’s account. Any revocation of rights will be effective 48 hours after Swamonk EduCare confirm it.

Disclaimer: We at Swamonk EduCare make our best effort to protect our Teaching Partner’s Submitted Content from piracy and unauthorized attacks. We expect from our Teaching Partner that she/he understands the level of vulnerability or susceptibility of leakage of Digital Content which she/he can observe in the cases of Amazon Prime or Netflix or other giant digital content delivery platforms are unable to prevent their content from piracy or leakage. We do not take responsibility to protect any of the content available (including but not limited to Submitted Content) at our website from this piracy attacks or leakages. We will not liable in any form or manner (including but not limited to financial compensations) in respect of any loss incurred by a Teaching Partner due to such piracy or leakage.

4.1 Price Setting

When creating a course, the Teaching Partner will be prompted to mention the minimum fee share she/he wants (“minimum fee share”) price of her/his course will be finalized accordingly. She/he may choose to offer her/his course for free, we do not charge any sort of fee for such hosting.

We entrust our Teaching Partner with her/his autonomous right to decide the fee share she/he want on her/his submitted content. However, Swamonk EduCare reserve the exclusive right to accept or reject the pricing offer from a Teaching Partner if such prices are burdensome for our class of students.

One of the objectives of Swamonk EduCare is to make e-learning affordable for every student. We offer up to 75% fee concession for girls, students from the economically weaker background, students from the families of defense personnel. In exceptional cases, we also waive off the fee for the students from the economically weaker background on genuine grounds. If Teaching Partner does not agree with these concessions, we deeply regret that we cannot host her/his course only for normal class’ students.

Teaching Partner permits us to share her/his courses for free with our internal employees, and in cases where we need to restore access accounts who have previously purchased her/his courses. Teaching Partner understands that she/he will not receive compensation in these cases.

Any sort of income earned by Swamonk EduCare on Teaching Partner’s demo or other promotional contents from Social Media Channels and other modes shall exclusively belong to Swamonk EduCare.

4.2 Transaction Taxes

Wherever we will be liable for the Goods and Services Tax we may increase the sale price to comply with tax laws and notifications issued from time-to-time.

4.3 Promotional Programs

Swamonk EduCare offers several optional marketing programs (Promotional Programs) in which Teaching Partner can choose to participate, as detailed in our Promotions Policy. These programs can help Teaching Partner to increase her/his revenue potential on Swamonk EduCare by finding the optimal price point for her/his courses and promoting them through additional marketing channels.

There is no up-front cost to participate in these programs, and Teaching Partner can modify her/his participation status at any time, though changes she/he makes will not apply to currently active campaigns.

5.1 Revenue Share

When a student purchases a Teaching Partner’s course, we calculate the amount of the sale (after applying any coupon code) as the amount received by Swamonk EduCare from the student (“Gross Amount”). From this, we subtract any Transaction Taxes (including GST, if any), and a 3% payment gateway charges to calculate the net amount of the sale (“Net Amount”). From this Net Amount, we share 80% with our Teaching Partner if the sale came through her/his promotional campaign which is laid down in Promotional Policy.

However, for all of the other sales, we share 25% of Net Amount with our Teaching Partner and 55% with our Affiliate Partners.

All of our Teaching Partners are highly encouraged to opt for our Affiliate Program. Opting for Affiliate Program will boost Teaching Partner’s fee shares to 80%. Not limited to this additional affiliate earnings @ 55% on any other Teaching Partner’s paid courses enrolled by her/his referred students or visitors. For this 55% affiliate earnings, all of the terms and conditions of Swamonk EduCare’s Affiliate Program shall prevail.

If we change this payment rate, we will provide prior notice to all of our Teaching Partners via email.

Computation’s Example:

Particulars

1st Sale

5th Sale

Course MRP

      1,000

      5,000

Teaching Partner’s Unique Discount Coupon @50%

        500

      2,500

Discounted Price

        500

      2,500

Payment Gateway Fee

          15

           75

Net Amount

        485

      2,425

Teaching Partner’s Exclusive Affiliate Fee @50%

        243

      1,213

Balance Net Amount

        243

       1,213

Teaching Partner’s Fee Share @25%

        121

     606.25

Teaching Partner’s Total Earnings (in INR)

        364

       1,819

Teaching Partner’s Total Earnings (in % to Net Amount)

75%

75%

Bonus Earnings on achieving Milestones of 5 Courses @5%

 

         121

Teaching Partner’s Total Earnings (in INR)

        364

      1,940

Teaching Partner’s Total Earnings (in % to Net Amount)

75%

80%

 

Note: An Additional 55% (50+5) affiliate earnings shall be credited if user shops any other Teaching Partner’s paid courses with Teaching Partner’s unique affiliate link and unique coupon code.         

5.2 Receiving Payments

For us to pay a Teaching Partner promptly, she/he must own a bank account in good standing and must keep us informed of the correct banking credentials (such as account number, IFSC, etc.). A Teaching Partner must also provide any Personal Identifying Information and tax documentation (such as Aadhaar and PAN etc.) necessary for Teaching Partner’s KYC. For the payment of amounts due, and a Teaching Partner agrees that we have the right to withhold appropriate taxes (wherever applicable) from her/his payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper personal identifying information and tax documentation from a Teaching Partner. A Teaching Partner understands and agrees that she/he is ultimately responsible for any taxes on her/his income.

Depending on the applicable revenue share model, payment will be made within 7 business days from the date:

  • we receive the fee for a course in the case of purely recorded courses;
  • however, in the case of live courses, payment shall be processed monthly i.e. within 7 business days after the month of teaching.

As a Teaching Partner, she/he is responsible for determining whether she/he is eligible to be paid by us. 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 a Teaching Partner’s payment account after the period set forth by her/his state or court’s order or other government authority in its unclaimed property laws, we may process the funds due to her/him under our legal obligations, including by submitting those funds to the appropriate government or court authority as required by law/order.

 

5.3 Refunds

A Teaching Partner acknowledges and agrees that students have the right to receive a refund, as detailed in the Terms of Use. Teaching Partner 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 on genuine grounds after we have paid the concerned Teaching Partner’s fee share, we reserve the right to either:

(1) deduct the amount of the refund from the next payment sent to such Teaching Partner; or

(2) where no further payments are due to such Teaching Partner or the payments are insufficient to cover the refunded amounts, require her/him to refund any amounts refunded to students for her/his course.

A Teaching Partner shall be responsible for the following key points which recording, editing, and sharing videos with us:

  • Format of the video should be in MP4
  • Minimum pixels should be 720p
  • there shouldn’t be any logo within the shared video
  • the video shouldn’t have any sort solicitation (including a special emphasis to join her/him on any other platform)
  • should meet the other guidelines relating to submitted content
  • we may ask for limited size file to control our bandwidth and storage usage
  • free courses may be hosted on our Official YouTube Channel
  • complete video editing shall be taken care of by the Teaching Partner we will share the intro and outro relating to the Swamonk EduCare platform
  • guidelines to share the videos with us shall be shared separately

A Teaching Partner shall be responsible for the following key points which sharing the study notes for the students:

  • there shouldn’t be any solicitation
  • there shouldn’t be any logo
  • shared notes should be available in language Teaching Partner used for during her/his video lectures
  • shared notes should be in the form of pdf or jpeg

For conducting assessments at our platforms, a Teaching Partner will have to supply us the question, answers, instructions, feedback with each right and wrong answer, and allotted times for the assessment.

Swamonk EduCare’s business timings are 9 am – 9 pm from Monday to Friday. We will notify the list of holidays from time-to-time. During this period Teaching Partner is committed to taking her/his students’ doubts. All of the doubts are highly encouraged to be taken with 48 hours of students’ requests.

A Teaching Partner is subject to the requirements below; she/he may use our trademarks where we authorize her/him to do so.

A Teaching Partner must:

  • only use the images of our trademarks that we make available to her/him, as detailed in any guidelines we may publish;
  • only use our trademarks in connection with the promotion and sale of her/his Swamonk EduCare courses or her/his participation on Swamonk EduCare, and
  • immediately comply if we request that she/he discontinue use.

A Teaching Partner must not:

  • use our trademarks misleadingly or disparagingly;
  • use our trademarks in a way that implies that we endorse, sponsor, or approve of her/his courses or services; or
  • use Swamonk EduCare’s trademarks in a manner that violates applicable law or in connection with an indecent, obscene, unlawful topic or material.

All of the courses and products available on Swamonk EduCare are available for sale within the Indian Territory only.  A Teaching Partner warrants that she/he is not restricted from using the Services under Indian Laws and regulations (as an individual or as an officer, director, or controlling shareholder of any entity on whose behalf she/he use the Services). If a Teaching Partner becomes subject to such a restriction while she/he is subject to these Teaching Partner’s Terms, she/he will notify Swamonk EduCare within 24 hours, and we will have the right to terminate any further obligations to her/him, effective immediately and with no further liability to her/him (but without prejudice to her/his outstanding obligations to Swamonk EduCare). A Teaching Partner will not use the Services to conduct or facilitate any transaction with any other individual or entity subject to such a restriction. A Teaching Partner may not remove the Services (or any product thereof, including technical data) in violation of any restrictions, laws, or regulations of India or any other applicable country.

In the case of breach of any of the term of this agreement or terms of use of our website or depending upon the severity of the case Swamonk EduCare reserved the right to suspend (either temporarily or permanently) the account of any Teaching Partner. Such suspension may or may not follow the prior notice from our end.

Instructions on how to delete a Teaching Partner account are available here. We’ll make reasonable efforts to make any remaining scheduled payments that are owed to a Teaching Partner before deleting her/his account. A Teaching Partner understands that if students have previously enrolled in her/his courses, her/his name and that Submitted Content will remain accessible to those students after her/his account is deleted.  A Teaching Partner can request us for the deletion of her/his account at [email protected] In case any Teaching Partner opts-out from the Swamonk EduCare Teaching Partner Program, she/he may request for the removal of her/his data from our platform with URLs of such content, we will remove such data within a period 30 days of confirming such request. However, such data deletion requests cannot, in any event, override the other clauses of this Agreement, laws, and regulations applicable to us in terms of data retention. Further, there may be a class of data, deletion requests of which are catered by the search engines, in those cases our liability is restricted to place a data removal request with the concerned search engine company only.

11.1 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 Swamonk EduCare is completely empowered to modify and/or make changes to these Terms at any time. If we make any material change, we will notify our Teaching Partner using prominent means such as by email notice sent to the email address specified in Teaching Partner’s account or by way of posting a notice through our website or Services. Modifications shall become effective from the day when they are posted unless stated otherwise.

A Teaching Partner’s continued use of our Services after changes become effective shall mean that she/he accepts those changes. Any revised Terms shall supersede all previous Terms.

11.2 Translations

Any version of these Terms in a language other than English is provided for convenience and a Teaching Partner understands and agrees that the English language shall prevail if there is any conflict.

11.3 Relationship Between Us and a Teaching Partner

A Teaching Partner and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

11.4 Survival

The following sections shall survive the expiration or termination of these Terms: Sections 2. License to Swamonk EduCare, 3. Trust & Safety, 5.2 (Receiving Payments), 5.3 (Refunds), 7. Trademarks, 10. Deleting Teaching Partner’s Account and Data, and 11 (Miscellaneous Legal Terms).

11.5 Running Parallel Business

A Teaching Partner shall not use Swamonk EduCare’s data, resources, or trade secrets for running a parallel business neither during her/his tenure as a Teaching Partner or after its discontinuation.

This Promotions Policy (“Policy”) includes information about methods that Swamonk EduCare – Teaching Partners can use to promote their courses, including Teaching Partners’ exclusive discount coupons, and course affiliate links. This Policy is incorporated by reference into our Terms of Use and Teaching Partner Program. Any capitalized terms that aren’t defined in this Policy are defined as specified in the Terms of Use.

A Teaching Partner can find translated versions of this Policy by using the Hindi translation option available across our website.

Any version of these Terms in a language other than English is provided for convenience and a Teaching Partner understands and agrees that the English language will prevail if there is any conflict.

Teaching Partner’s Coupons & Course Affiliate Links

A Teaching Partner will be able to increase her/his sales by promoting her/his course through our affiliate partner link and her/his unique coupon code. Teaching Partner will receive her/his unique affiliate link and unique coupon codes for discounts within 24-48 hours of her/his account activation. Note that the actual discount may be slightly higher due to rounding off or taxation impacts.

Where a student applies a Teaching Partner’s unique coupon code by using her/his unique affiliate link, her/his revenue share will be 80% (i.e. 75% which shall be paid within normal payout cycle and the remaining 5% is bonus payable with on reaching the milestones in the multiples of 5 paid sales) of the Net Amount less any applicable deductions, such as student refunds, etc.

Alternatively, a Teaching Partner may request for 100% off coupons to offer her/his paid course for free. These coupons may be subject to restrictions, and Teaching Partner will not sell free coupons on third-party websites or otherwise offer them in exchange for compensation. Any misuse of Swamonk EduCare’s resources may lead to the suspension of all of the Teaching Partner’s accounts at Swamonk EduCare. Swamonk EduCare reserves the absolute right to recover any amount collected by a Teaching Partner by misleading us in addition to the legal damages decided by the judicial court.

Modifications

We may update this Promotion Policy from time to time to bring clarifications in our practices or to reflect new or amended practices. If we make any material change, we will notify all of our Teaching Partners using prominent means such as by email specified in their accounts or by posting a notice through our Services. Modifications will come into effect from the day they are posted unless stated otherwise.

At Swamonk EduCare, we entrust our Teaching Partners with absolute users’ reporting rights in case of any inappropriate behavior or unacceptable hindrance or nuisance. This sort of behavior shall not be tolerated from any of the students’/users’/Co-Teaching Partner’s part​. Hence in the event of any of these sorts of complaint/reporting received from any of the Teaching Partner we reserve the exclusive right to suspend the account of such student/user/Co-Teaching Partner with or without giving her/him any opportunity of being heard.

We all are aware of the vulnerability in terms of users’ comments/reactions which could be arrived from any of the web users which is quite difficult to control/moderate. We have following set of guidelines for our Teaching Partners which we highly recommend to adhere to avoid these sort of nuisance/reactions:

  1. We always recommend our Teaching Partner to follow all of the communication channels available at our website to communicate with her/his students/users/Co-Teaching Partners. We can moderate our communication channels to an extent.
  2. Sharing Teaching Partner’s communication details (including Teaching Partner’s Cell Phone Number, Email ID, Social Media URLs/Usernames, etc.) are purely at her/his risk. We never suggest our Teaching Partner share the same with the other users/students/Co-Teaching Partner.
  3. We do not undertake any sort of responsibility for the communication/meeting (virtual or personal) between a Teaching Partner and other users/students/Co-Teaching Partner(s) at any place/platform (online or offline) other than www.swamonk.com 

Note: We limit our liability towards suspension of the account of the user/student/Co- Teaching Partner who had posted abusive comments/reactions. In the event, if a Teaching Partner wants to take legal action against such a person, we will extend our support in terms of providing available records with us. All of the legal and related expenses shall be beard by the Teaching Partner.

Disagreed?

In case of any issue or disagreement with any of the above clauses​: