Avocado Instructor Terms

These terms were last updated June 16th, 2020.

When you sign up to become an instructor on the Avocado platform, you agree to abide by these Instructor Terms ("Terms"). These Terms cover details about the aspects of the Avocado platform relevant to instructors and are incorporated by reference into our Terms of Use, the general terms that govern your use of our Services. Any capitalized terms that aren't defined in these Terms are defined as specified in the Terms of Use.

As an instructor, you are contracting directly with Avocado Audio, Inc. (DBA “Avocado”).

1. Instructor Obligations

As an instructor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements ("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 Avocado to use your Submitted Content as specified in these Terms and the Terms of Use;
  • 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 respond promptly to students and 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 instructors from providing their services or courses; or
  • abuse Avocado resources, including support services.

2. License to Avocado

You grant Avocado the rights 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.

You have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, Avocado'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) Avocado's right to use such Submitted Content for marketing purposes shall survive termination.

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 Avocado 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 Avocado'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 understand that your use of the Services is subject to Avocado's approval, which we may grant or deny at our sole discretion.

We reserve the right to remove courses, suspend payouts, 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 Avocado or bring Avocado into public disrepute, contempt, scandal, or ridicule;
  • an instructor engages the services of a marketer or other business partner who violates Avocado's policies; or
  • as determined by Avocado in its sole discretion.

3.2 CO-INSTRUCTORS AND TEACHING ASSISTANTS

The Avocado platform allows you to add other users as co-instructors or teaching assistants for courses that you manage. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your Avocado account and courses. Avocado is not able to advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your Course Management settings as of the date of the purchase.

3.3 RELATIONSHIP TO OTHER USERS

Instructors 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 Avocado platform, and that you won't solicit additional personal data or store students' personal data outside the Avocado platform. You will indemnify Avocado 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 courses from unauthorized use. To enable this protection, you hereby appoint Avocado and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your courses, 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 Avocado and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.

You agree that Avocado and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to piracy@Avocado.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.

5. Payments

5.1 REVENUE SHARE

By participating in Avocado, you agree that your revenue share will be calculated as follows:

  1. Each month, Avocado will calculate the total monthly subscription fees paid to Avocado on behalf of all current Customers minus any applicable Transaction Taxes, foreign exchange fees, and third-party payment processing fees.
  2. Twenty-five percent (25%) of this amount will be allocated to instructors ("Instructor Revenue Pool") as further described below.
  3. Each month, Avocado will calculate the total minutes of course content consumed by all current Customers ("Total Minutes Consumed"). For clarity, the Total Minutes Consumed does not include any consumption by access through a free trial.
  4. Each month, Avocado will also calculate how many of the Total Minutes Consumed are attributable to each of your Courses that month ("Your Course Minutes").
  5. To calculate your revenue share each month, Avocado will divide the Instructor Revenue Pool by the Total Minutes Consumed, then multiply that per-minute amount by Your Course Minutes.

5.2 RECEIVING PAYMENTS

For us to pay you in a timely manner, you must own a Stripe, PayPal or Payoneer account 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 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.

5.3 REFUNDS

You acknowledge and agree that students have the right to receive a refund, as detailed in the Terms of Use. Instructors 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 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 courses.

5.4 Promotion Program

The Avocado Promotion Program is a powerful way to help maximize your revenue potential on Avocado. Avocado will periodically offer your courses for free to non-subscribers and promote them in the app, on social media, and to our email list. You will be compensated for the minutes listened the same as if your course was behind the subscriber paywall.

6. Trademarks

While you are a published instructor 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 (such as our Instructor Badge Guide);
  • only use our trademarks in connection with the promotion and sale of your Avocado courses or your participation on Avocado; 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.

7. Sanctions and Export Laws

You warrant that you aren't restricted from using the Services under U.S. sanctions or export laws (as an individual or as an officer, director, or controlling shareholder of any entity on whose behalf you use the Services). If you become subject to such a restriction while you are subject to these Instructor Terms, you will notify Avocado within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Avocado). You will not use the Services to conduct or facilitate any transaction with any other individual or entity subject to such a restriction. You may not remove, export, or allow the export or re-export of the Services (or any product thereof, including technical data) outside the U.S. in violation of any restrictions, laws, or regulations of the U.S. or any other applicable country.

8. Deleting Your Account

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 courses, your name and that Submitted Content will remain accessible to those students after your account is deleted. If you need help or encounter difficulty deleting your account, you can contact us at hello@avocadoaudio.com

9. Miscellaneous Legal Terms

9.1 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 Avocado 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.

9.2 TRANSLATIONS

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.

9.3 RELATIONSHIP BETWEEN US

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

9.4 SURVIVAL

The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to Avocado), 3.3 (Relationship to Other Users), 5.2 (Receiving Payments), 5.3 (Refunds), 8 (Deleting Your Account), and 9 (Miscellaneous Legal Terms).

10. How to Contact Us

The best way to get in touch with us is to contact our support team hello@avocadoaudio.com. We'd love to hear your questions, concerns, and feedback about our Services.


Stay up to date

Get exclusive offers and updates on the latest courses
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Search