Creator Agreement


Effective Date: May 5, 2022


Welcome to 10ten!


We’re thrilled that you’ve chosen to create educational and tech-related content to inspire people from all over the world and train the future workforce with us. 


This Creator Agreement (“Agreement”) is a binding contract between you and 10ten Inc. (“we”, “us”, “our”). It contains the rules and restrictions that govern your use of 10ten’s products, services and platform (referred to below simply as “10ten”) to distribute your learning content and services, tutoring activities, instruction materials, and any content therein (“Content”). If you use 10ten for this purpose, you are a Creator and will need to create and activate a Creator account. In this Agreement, we refer to people that access your Content, or enroll and participate in any cohort-based courses or training programs powered and administered by 10ten (“Tracks”), as Learners.

 

Using 10ten in any way means that you agree to this Agreement, and this Agreement will remain in effect while you use 10ten. This Agreement includes everything in this document, as well as those in the Terms of Use, Privacy Policy, Content Guidelines, and all other rules and procedures that may be published from time to time by us on 10ten. In the event of any conflict between this Agreement and any other terms and conditions you have agreed to with 10ten, this Agreement will prevail with respect to its subject matter.


You must be of legal age to form a binding contract to use 10ten. If you aren’t, you need to get your parent’s or guardian’s permission to use 10ten, and your parent or guardian will agree to this Agreement on your behalf.


If you’re agreeing to this Agreement on behalf of an organization or entity, you must be authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).


If you don’t agree to all of the following, you may not use or access 10ten in any manner. If you have any questions, comments, or concerns regarding the Agreement or our products and services, please contact us at contact@10ten.io.


Content Ownership


First and foremost, you own the Content that you create. Any original Content you post, upload, share, store, or otherwise provide to 10ten remains yours and is protected by copyright and any other applicable intellectual property laws.


However, please note that you agree to grant us a limited license to your Content in order to enable us to operate 10ten. This license allows us to promote your content and help you succeed on 10ten.


You agree that this limited license includes a worldwide, nonexclusive, sublicensable, royalty-free, fully paid-up, transferable right (a) to market your Content and to permit others to use, access, and download your Content through 10ten, and (b) to use your image, illustration(s), tradename(s), trademark(s), and logo(s) in connection with the Content distribution and marketing. For further details on this license, please see “Posting Content on 10ten” in the Terms of Use, which is incorporated into this Agreement by reference.


Pricing and Payments


You may offer your Content for free, or for a membership fee, to be determined at your discretion. You may also be selected to offer and provide tutoring and instruction services in a Track powered and administered by 10ten, where a tuition fee will be charged to Learners. You may set and request the change of the prices for your Content, at your discretion, either through your Creator account or by asking our team, though no price changes will apply retroactively.

 

If you choose to charge a membership for your Content, or a tuition fee for any Track, you agree to the following:


  • No Circumvention: You agree to process payments from Learners only in the manner determined by us. This includes using the account and third-party payment processing platform (“Payment Processor”) we choose, and following any other rules we specify. You may not circumvent your payment obligations to us by soliciting payment from a Learner outside of 10ten or by using any alternative method to collect subscription payments. This includes receiving payments for your Content through links to Paypal or any other separate service or web page. You agree to notify us immediately if you receive any such offer or solicitation to circumvent your payment obligations by contacting contact@10ten.io.


  • Taxes: You agree that you shall bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value-added taxes) related to your Content.


  • Revenue Share: You agree to pay us a percentage of the total amount charged by you to Learners (the “Revenue Share”). The remaining amount, after any fees deducted by the Payment Processor, will be retained by you. The Revenue Share percentages are set and agreed upon between you and 10ten during your onboarding and registration of your Creator account.


  • Revenue Share Payment: During the term of this Agreement, the Payment Processor will pay the Revenue Share owed to us and deduct any applicable fees on a rolling basis as you process payments from Learners. You agree to these payments and further agree that all Revenue Share payments are non-refundable.


  • Information Upon Request: You will provide us with all requested data or information about you and/or your Contents. This includes all payment and tax identification information, and you will ensure this information is accurate and up-to-date.


Relationships with Learners


You agree to the following rules around your relationships with Learners and other users of 10ten:

Sole Responsibility: You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content you distribute through 10ten and for the consequences of your actions by doing so. Therefore you acknowledge and agree that you are solely responsible for ensuring the distribution of your Content - our actions under this Agreement are solely to assist you in facilitating such distribution.


Stopping to Create or Deleting Content: You may delete one or more of your Contents from 10ten at your discretion. However, please note that if you delete or stop creating Content before the end of a paid program or membership term of a Learner, any and all obligations – including any refund obligations for the remaining portion of the subscription term – are solely your responsibility. We are under no obligation to issue any refunds to you or your Learners and we are entitled to keep any and all portions of any Revenue Share you have paid 10ten.


Disputes: If there is a dispute between you and a Learner about payments or any other issue, you agree we are under no obligation to become involved and that we will not be held liable for any such dispute. We are not liable for your relationship with users and Learners, and we won’t provide you with any legal advice regarding such matters.


Reporting a User: You can flag that a user or Learner is violating our Terms of Use by sending an email to contact@10ten.io. After you provide us with written notice of this violation, we will determine whether this user’s access to some or all of your Content should be suspended or terminated. We will also decide at our sole discretion whether this user’s access to the rest of 10ten platform will be suspended or terminated. 

Support: You shall provide to us a current email address that you have access to, to which we may direct inquiries from Learners and other 10ten users regarding your Content.


Acceptable Use


You are responsible for all your activity in connection with 10ten!


Make sure that you use 10ten in a manner that complies with the law and is permitted by this Agreement. If your use of 10ten is prohibited by applicable laws, then you aren’t authorized to use 10ten. We can’t and won’t be responsible for you using 10ten in a way that breaks the law.

You also represent and warrant that you will not create and publish Content or otherwise use 10ten in a manner that:

  • is fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, libelous, or in any way violates 10ten’s Content Guidelines;
  • interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of 10ten or any third party;
  • infringes, violates, or misappropriates any law, statute, ordinance or regulation or rights of any third party;
  • spreads a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

Please review the “Acceptable Use Policy” detailed in the Terms of Use, as those rules are also incorporated into this Agreement by reference.


Limitation of Liability


To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall 10ten, its licensors, or its suppliers be liable to you or to any other person for:

  • Any indirect, special, incidental, or consequential damages of any kind, or
  • Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with 10ten in the twelve-month period preceding the applicable claim. 


No Warranties

10ten is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of 10ten will be uninterrupted or error-free. 


Privacy


10ten takes privacy very seriously and is committed to processing your personally identifiable information and that of your Learners (“Personal Information”) in accordance with applicable privacy and data protection law. For more information on how we process Personal Information please see our Privacy Policy.


Consistent with our Privacy Policy, we may collect certain data on how Learners engage with Creator Content. We will share, at our sole discretion, some of this information with you, including page views, open rates, Learner counts, engagement stats and referral data. You agree that 10ten is under no obligation to share this data with you.


Please note that our Privacy Policy only applies to our processing of Personal Information as an operator of a commercial internet website, online or cloud computing service, or online application, as defined in the Laws of Delaware State, including the DOPPA - Delaware Online Privacy and Protection Act.


Terminating Your Account


Either party may terminate this Agreement at any time for any reason. Upon such termination of this Agreement, your right to use 10ten will immediately cease.  


We may terminate this Agreement or terminate, suspend, or restrict your access to or use of 10ten at any time, for any reason. Reasons that may lead to us terminating or restricting access to 10ten include a breach of any of the terms or conditions of this Agreement, your offensive or unacceptable behavior, objectionable material, or any other actions in violation of guidelines we specify. We will notify Creators as soon as reasonably practicable if Creators’ access to 10ten is suspended or substantially limited due to technical problems with the platform. 

You agree that this means that your Contents may be removed from 10ten at any time at our discretion. You also agree that we retain the right to immediately halt the distribution of Contents at our discretion.


Changes to this Agreement


We are constantly trying to improve our products and services, so this Agreement may need to change along with 10ten. We reserve the right to change the Agreement at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, or by some other means. 

If you don’t agree with the new Agreement, you are free to reject it; unfortunately, that means you will no longer be able to use 10ten. If you use 10ten in any way after a change to the Agreement is effective and notice has been provided, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and us.


Miscellaneous Terms


The above covers most of the questions that we typically receive about 10ten. We have grouped provisions that come up less frequently below:


No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of 10ten Inc., and you do not have any authority of any kind to bind us in any respect whatsoever. 


Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold 10ten, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of 10ten (including any actions taken by a third party using your account), and (b) your violation of this Agreement or of law. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).


Assignment: You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder, or your 10ten account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate this Agreement and our rights and obligations without consent.


Choice of Law: This Agreement is governed by and will be construed under applicable federal law and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.


Dispute Resolution: Informal Negotiations - To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.


Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the United States, Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the United States, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 

Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.

Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that this Agreement shall otherwise remain in full force and effect and enforceable.

Survival: You agree that the terms under the heading “Privacy”, “Sole Responsibility”, “Acceptable Use”, “Indemnification”, “Stopping to Create or Deleting Content”, “No Warranty”, “Limitation of Liability”, “Assignment”, “No Joint Venture”, “Severability”, “Arbitration”, and “Entire Agreement”, and any payment obligations incurred shall survive termination of this Agreement.


Entire Agreement: You agree that this Agreement is the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.