These Vendor Terms were last updated July 1st, 2021.
Our vendors agreement is straightforward and simple, summarized below:
All online courses, PDF for ebooks, Software must be more than $10 US dollars. Any item less than $10 US dollars will be deleted.
We charge 20% of the price of your item as administration, marketing, sales, advertorial, management costs.
You get paid once you have made $100 US dollar sales. This is to reduce cost of trasfer or commission on transfer of funds by banks.
As an vendor, you are contracting directly with Vogate, Inc. (a Delaware corporation in the United States), regardless of whether another Vogate subsidiary facilitates payments to you.
1. Vendor Obligations
As an vendor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, labs, assessments, and announcements (“Submitted Content“).
You represent and warrant that:
- you will provide and maintain accurate account information;
- 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 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;
- 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 vendors from providing their services or content; or
- abuse Vogate resources, including support services.
2. License to Vogate
Unless otherwise agreed, you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, Vogate’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) Vogate’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 Vogate permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or Vogate’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 Vogate’s content quality standards or policies prescribed by Vogate 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 Vogate’s approval, which we may grant or deny at our sole discretion.
We reserve the right to remove content, suspend payouts, and/or ban vendors for any reason at any time, without prior notice, including in cases where:
- content falls below our quality standards or has a negative impact on the student experience;
- an vendor engages in behavior that might reflect unfavorably on Vogate or bring Vogate into public disrepute, contempt, scandal, or ridicule;
- an vendor engages the services of a marketer or other business partner who violates Vogate’s policies;
- an vendor uses the Services in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates Vogate’s policies; or
- as determined by Vogate in its sole discretion.
3.2 Relationship to Other Users
Vendors don’t have a direct contractual relationship with students, so the only information you’ll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the Vogate platform, and that you won’t solicit additional personal data or store students’ personal data outside the Vogate platform. You agree to indemnify Vogate against any claims arising from your use of students’ personal data.
3.3 Anti-Piracy Efforts
We partner with anti-piracy vendors to help protect your content from unauthorized use. To enable this protection, you hereby appoint Vogate 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 Vogate and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.
You agree that Vogate and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to firstname.lastname@example.org 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 Vogate, you will be prompted to select a base price (“Base Price“) for your Submitted Content from a list of available price tiers. Alternatively, you may choose to offer your Submitted Content for free.
If you do not opt to participate in any Promotional Programs, we will list your Submitted Content for the Base Price or the closest local or mobile app equivalent (as detailed below). If you opt to participate in a Promotional Program, we may set a different discounted price.
When a student purchases using a foreign currency, we will convert the relevant Base Price or Promotional Program price into the student’s applicable currency using a system-wide foreign currency conversion rate set by Vogate.
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 Vogate 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 where 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
We charge 20% of the price of your item as administration, marketing, sales, advertorial, management costs.
Vogate makes all vendor payments in U.S. dollars (USD) regardless of the currency with which the sale was made. Vogate 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 Vendor Coupons and Course Referral Links
The Vogate platform allows you to generate coupon codes and referral links to offer certain items of your Submitted Content to students at a discount, at Vogate’s current price, or for free, as permitted within the Services. 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. Additional information and restrictions on these coupon codes.
Where a student applies your coupon code or referral link at checkout, your revenue share will be 97% of the Net Amount 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, Payoneer, or U.S. bank account (for U.S. residents only) 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 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 vendor, 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 vendor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the vendor or (2) where no further payments are due to the vendor or the payments are insufficient to cover the refunded amounts, require the vendor to refund any amounts refunded to students for the vendor’s Submitted Content.
While you are a published vendor 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 Vogate or your participation on Vogate; 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. Deleting Your Account
Instructions on how to delete your vendor account are available here. We’ll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. 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 account is deleted. If you need help or encounter difficulty deleting your account, you can contact us via our Support Center.
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 Vogate 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 Vogate), 3.3 (Relationship to Other Users), 5.3 (Receiving Payments), 5.4 (Refunds), 7 (Deleting Your Account), 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.