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Trainer Agreement

Last updated on 2022-01-25 04:44:48

Following are the terms and conditions for trainers to join the PDV platform as Trainer/Content Provider:

  • PDV Education Private Limited also refers as PDV with the brand name GuniGuru is the platform that is open to all the Trainers, Motivators, Educators & Public Speakers across the globe as well as for the content company that owns such content.

  • Multiple trainers can upload training on the same topic. No particular trainer has an Exclusivity of Topic and Concept.

  • PDV will provide a platform to showcase their Promo’s, Trailers or Previews, and other necessary support for the promotion of their courses.

  • A trainer can prepare and deliver content to PDV and PDV as a platform can deliver it to its user in any language.

  • PDV as a platform will generate traffic of users/viewers through different ways as following and revenue will be shared accordingly:

 

  1. Trainer him/ her self will bring the traffic through followers/ viewers via promoting the content on a social platforms and online promotional activities

  2. Users can come to the platform directly via website and app subscription over the internet and further referred by our customers/ friends and family.

  3. Users also can come through the efforts of our sales and marketing team by promoting the platform and course online and offline by PDV’s sales and marketing team.

 

  • There will be two types of viewership options available for the users on the platform. One will be a Monthly/Yearly Subscription and the other will be in In-App Purchases.

  • PDV will have the right to use the trainer's name, e.g. “XYZ trainer is now on “GuniGuru” for promotional activities and awareness.

  • If the trainer records the videos at his/her own place, then the videos must be made following the set standard operating procedures mentioned here and available on the GUNIGURU website..

  • The right of approval to make content available on the PDV platform will always be with the company and it will be finalized by the Content Audit & Video Quality Control Department of the company. The following points will be checked but are not limited to it: that will be checked are:

Content Audit:

1) Relevance of topic, PPT, images, etc. material used in the preparation of video

2) Language (Anti-social Or Harmful Content, Un-parliamentary Language, Harmful to any religious sentiments. etc. are bared for the publication)

3) Quality of the delivery of training

 

Video QC:

1) Lighting

2) Video Clarity

3) Audio Quality

4) Editing Quality.

 

  • After a training module gets uploaded on the platform, licensing, sublicensing, broadcasting, and distribution rights will be of PDV permanently.

  • The trainer can opt to place any/all of his training modules in the subscription model or just as an In-App purchase model. If you choose to go for a subscription, then all the rules of subscription will be applied to you.

  • The training module that is opted for subscription will be approved by the content team. If it is not approved, then it will remain as an In-App purchase.

  • If any training module is approved in subscription, the same will also be available as an individual module In-App purchase.

  • A trainer can continue giving the same training module in live offline programs but it is expected to encourage marketing his courses on the PDV platform during the program.

  • If the trainer is selling the same training module on any other online platform, then the prices on other platforms should be at-par or more than the price he/ she is selling on the PDV platform.

  • In case of non-adherence of the same, the Trainers royalty credited in his account can be forfeited. Also, PDV reserves the right to alter the Trainer’s course price on the Guniguru platform at par or lower than the price quoted by the Trainer on other platforms.

  • As a Trainer, it is your responsibility for all content like video training/lectures and other all resources related to your training. The trainer must own or have the necessary licenses and authority to use all the content he is publishing on PDV - GuniGuru platform.

  • Trainer’s content will never infringe and misappropriate any third party’s IPR.

  • In case if the training module of the trainer is not approved by GuniGuru Content Team, then the trainer has to do the necessary modifications (if suggested) and if it is totally disapproved, GuniGuru assures that the videos will be removed from the platform within seven 7 days of notification to the trainer.

  • Trainer has to ensure that his viewers/followers come to the GuniGuru Platform and he has to put his efforts to promote the platform in his network for a win-win relationship.

  • 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 tutoring, teaching, and instructional services to 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;

    • The 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 courses; or abuse GuniGuru’s resources, including support services.

LICENSE TO GUNIGURU

You grant GuniGuru the rights detailed in the Terms of Use to offer, market, and otherwise exploit your Submitted Content, and to sublicense it to students for these purposes directly or through third parties. This includes the right to add captions or otherwise modify content to ensure accessibility.

We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant GuniGuru 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 GuniGuru's content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

You agree to abide by GuniGuru's course quality standards or policies prescribed by GuniGuru 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 GuniGuru's approval, which we may grant or deny at our sole discretion.

We reserve the right to remove courses, suspend pay-outs, and/or ban instructors for any reason at any time, without prior notice, including in cases where:

  • An instructor or course does not comply with our policies or legal terms (including the Terms of Use);

  • A course falls below our quality standards or has a negative impact on the student experience;

  • An instructor engages in behavior that might reflect unfavorably on Guni Guru or bring GuniGuru into public disrepute, contempt, scandal, or ridicule;

  • An instructor engages the services of a marketer or other business partner who violates GuniGuru's policies; or

  • As determined by GuniGuru in its sole discretion.

TRADEMARK

While you are publishing the content as Trainer and subject to the requirements below, you may use our trademarks where we authorize you to do so.

You must:

  • 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 GUNIGURU courses or your participation on GUNIGURU, 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 courses 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.

OUR RELATIONSHIP

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

REFUND

If a user 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 a user for the instructor's courses.

TRANSLATION

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.


 

FACILITIES

  • PDV will provide free hosting for the training modules of trainers on the platform.

  • The trainer will get a unique association link that he/she can use in all of his marketing campaigns to ensure that all his viewers come to the platform using his link which will ensure higher income for the trainer.

  • PDV can market the trainer's course if it is seen doing exceptionally well. In such cases, trainers will get more exposure at no cost but the applicable revenue-sharing model applies directly as per the agreement.

  • In case of Live training (online & offline), PDV shall provide an event booking facility on its platform to promote/sell tickets hence, the trainer can place and host all his live events on PDV with nominal cost.

  • A trainer can avail recording facility, editing facility, and both with defined rates to be paid by the trainer to ensure the quality requirement of the PDV available in Ahmedabad.

  • All new developments on the platform in the future will be an additional benefit to the trainers at no charge.

  • For a trainer's own followers/viewers, he/she can create a Promo code that the viewers can avail a discount for that particular training module/all modules.

  • On the GuniGuru platform, every trainer will get a dedicated profile page to showcase his/her existing courses, upcoming events, can connect with his followers, and share his articles.

  • The trainer will have his own dashboard for revenue generated, courses sold, the progress of participants, the source of his participants, the progress of his/her participants in learning.

REVENUE SHARING

  • Revenue Distribution will be done based on the source of viewers generated for a particular training module. It can have 4 possible scenarios:

1) If a viewer is coming to the platform using the trainer's unique associate link (the trainer can get from his dashboard) and buys the training module, in this scenario revenue distribution will be 85% for the trainer and 15% for the platform.

2) If a viewer is buying the training organically while browsing through the platform, in that scenario revenue distribution will be 60% for the trainer and 40% for the platform.

3) If GuniGuru decides to promote a particular course of the trainer and a viewer buys from the promotional link, the revenue distribution will be 30% for the trainer and 70% for the platform.

4) If any customized combo of subscription/training is created and promoted by GuniGuru, the revenue sharing % shall vary depending on the type and offer given in the combo.

5) As per the Income Tax Act & rules of India, any payment to a non-resident shall be done after deduction of TDS. Hence, any foreign trainer's share/payment shall be done after deducting TDS.

  • Revenue Distribution for In-App Purchases and Subscription Model will be according to the prevailing policy that can be revised at the discretion of the management.

  • PDV does not guarantee any minimum revenue generation for any trainer.

  • Pay-out will be disbursed on a monthly basis.

  • Revenue Distribution will be done on Net Price Excluding Taxes.


 

DISCOUNTS & OFFERS

  • PDV can regularly run discounts and offers on all training modules/specific modules/subscriptions on the platform without seeking permission from the trainers.

  • The net revenue generated after discounts and offers will be considered for revenue sharing excluding taxes. The management reserves the right to alter, amend and remove any of the conditions mentioned above.

  • In case of any dispute or situation arising out of misunderstanding, ambiguity, etc, the decision by PDV management will be final and binding to both parties. Jurisdiction of the legal matters will be only Ahmedabad.

By clicking on this check box, I Agree and understand the terms and condition of joining the PDV as a trainer and accept it.