The Outschool OUTreach Program seeks to partner with individual educators approved on the Outschool Platform to promote Outschool to third-parties (the “Program”) in order to earn Incentives (defined below). These Terms for Participation (“Terms of Participation”) are made by and between Outschool, Inc. ("Outschool," “we”, “us”, or “our”) and you (“Participant”,“you” or “your'', and each Outschool and Participant is a "Party" and together, the "Parties") regarding your participation in the Program. Outschool’s Terms of Services, Teacher Addendum, Privacy Notice, and Community Standards are hereby incorporated into these Terms of Participation (collectively, the "Agreement"). By participating in the Program, Participant agrees to accept this Agreement. If you do not agree to this Agreement, you are not eligible to participate in the Program.
Outschool may update this Agreement at any time. Continued participation in the Program after any modification shall constitute consent to such modification.
- Eligibility. To be eligible to participate in the Program, you must:
- Be at least 18 years old (or be the age of the majority if Participant resides outside of the United States); and
- Have an Outschool teaching account in good standing, with no prior Outschool Trust & Safety incidents.
- Term and Termination. Participation in this Program will commence upon the acceptance of your application by Outschool and continue until otherwise terminated by Outschool, at its sole discretion (the “Term”). Either party may terminate this Agreement at any time during the Term upon five (5) days written notice to the other party, and Outschool may terminate this Agreement immediately for cause with or without written notice to you. Upon termination, you will be removed from the Program.
We reserve the right to monitor your compliance with all of the terms of this Program, and any violation may result in you being removed from the Program, at Outschool’s sole discretion. Removal from the Program will cancel all pending Participant Reward(s) received through the Program. Further, at Outschool's sole discretion, we may remove a Participant from the Program for other causes, including but not limited to fraud, or if we are dissatisfied with a Participant’s performance under the Program. - Commitments. During the Term, Participant will commit to all of the following:
- Represent Outschool publicly in a positive manner and tone at all times;
- Will not post any controversial or socially unacceptable public postings, e.g., racist, pornographic, illegal drug use, bullying, etc.;
- Will not post Outschool generated Coupon Codes (as defined below) or referral links within class description pages;
- Will not post your Coupon Code or referral link on any couponing website or similar mass distribution websites; and,
- Comply with the terms of this Agreement, including the Outschool Social Media Content Creator Policy.
- Incentives. Participant may earn a reward, in the amount that will be communicated on the OUTreach referral page or the email sent to You with your Outschool “Coupon Code” for each New Buyer or New Member, who completes a valid referral. “New Buyer” is defined as an individual who: (i) is a legal resident of their applicable country; (ii) is at least the age of majority in said territory of residence; (iii) AND either:
- uses your Coupon Code at time of first live class purchase or referral link at the time of account creation; and (i) purchases and completes an Outschool live class within thirty (30) days of sign-up; and (ii) has not previously enrolled in a class on Outschool; OR
- uses your Coupon Code when purchasing an Outschool membership for the first time; (i) has not previously enrolled in an Outschool membership, (ii) remains an active member and has their membership renewed for at least one membership period; and (iii) completes a class on Outschool.
For individuals using a Coupon Code, the individual can have an existing account, but their first live class purchase must have a Coupon Code applied at checkout to be considered a New Buyer.
- Valid Referrals. An individual must satisfy the above definition of a New Buyer to constitute a valid referral.
- Individuals purchasing a live class or signing up for a new membership via a referral link must create their new account using the provided referral link to be considered a valid referral. Once the individual’s account is created, an Outschool promotional code will be applied to the account and must be used to enroll in an Outschool live class within thirty (30) calendar days from the date of account creation. After the expiration of this timeframe, the Outschool promotional code will expire and the individual will no longer qualify as a New Buyer.
- For individuals purchasing a live class or signing up for a new membership via a Coupon Code, the individual can have an existing account, but their first purchase must have a Coupon Code applied at checkout to be considered a valid referral.
- Feedback. You acknowledge and agree that Outschool shall be free to use or implement for any purpose any or all suggestions, ideas for improvement, and other feedback you provide regarding the Outschool products or services, including completion of any evaluation forms, polls, or surveys provided to you by Outschool (“Feedback”) and that no payment, royalty or other consideration whatsoever shall be due to you in connection with such Feedback.
- Confidentiality. During the Term of the Agreement, you will treat any information provided to you by Outschool as confidential (“Confidential Information”). You will not disclose Outschool’s Confidential Information to any third-party without prior written consent by Outschool, or use any Confidential Information except for the performance of your obligations under this Agreement. Information will not be considered Confidential Information, if such information is known by you prior to receipt from Outschool without any expectation of confidentiality, or becomes publicly known or otherwise publicly available, except in the event of a breach of this Agreement. You acknowledge that disclosure of any Confidential Information may give rise to irreparable harm to Outschool, and Outschool may seek and obtain injunctive relief against the breach or threatened breach of Confidential Information under this section, in addition to any other legal remedies that may be available to Outschool.
- Intellectual Property Ownership. When you participate in the Program, any materials provided to you by Outschool or that you create, using Outschool Intellectual Property are owned by Outschool and are to be solely used for your participation in the Program. For purposes of this Agreement, “Intellectual Property” is defined as recognized protectable rights and interests such as: patents (whether or not issued), copyrights, trademarks, service marks, applications for any of the foregoing, inventions, Confidential Information, trade secrets, trade dress, domain names, logos, insignia, color combinations, slogans, moral rights, right of publicity, author’s rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices business processes, developments, innovations, goodwill and all other legal rights protecting intangible proprietary information as may exist now and/or hereafter come into existence, and all registrations, renewals and extensions, regardless of whether those rights arise under the laws of the United States, or any other state, country or jurisdiction. You acknowledge and agree that all such work(s) will be considered a "work made for hire," and Outschool will be recognized as the author of your work for copyright purposes in all jurisdictions. If your work is not considered a "work made for hire," you acknowledge and agree to transfer all rights, ownership, and interests, including copyright, to Outschool without any restrictions on use. Outschool may use, modify, adapt, distribute, display, license, assign, transfer, and/or create derivative works from your work in any media, now or in the future, worldwide, and royalty-free, without restriction. You also acknowledge that Outschool owns the copyrights, trademarks, patents, and patent applications, whether or not created by or contributed to by you.
- License. By participating in the Program, you grant Outschool a non-exclusive, worldwide, royalty-free license to use the content you create under the Program for the sole purpose of promoting the Program and Outschool. This means Outschool may display, reproduce, distribute, publish, exhibit and use your content in various forms, alone or accompanied by other materials, such as text or images, on different media platforms including social media websites and mobile applications. The license is perpetual and irrevocable, meaning Outschool has the right to use your content even after your participation in the Program ends.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUTSCHOOL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OUTSCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PROGRAM; (II) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE PROGRAM; OR (V) ANY OTHER MATTER RELATING TO THE PROGRAM. IN NO EVENT WILL OUTSCHOOL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID OUTSCHOOL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PROGRAM.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
- Indemnification. You acknowledge and agree to defend, indemnify and hold harmless Outschool, its Board, trustees, officers, agents, representatives, employees and volunteers from all claims, including active and passive claims, losses, costs, attorney fees and expenses arising out of any liability or claim of liability for personal injury, bodily injury to persons or death, contractual liability and/or damage to property sustained, or claimed to have been sustained, arising out of activities under this Program, whether authorized by this Agreement or not. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- Miscellaneous.
- Headings. The section headings throughout the Agreement are provided for ease of reference only and shall have no legal effect.
- Relationship of Parties. You understand that you are and at all times shall be an independent contractor in all matters relating to this Agreement. Nothing in this Agreement, shall create or shall be deemed to create any employment, partnership, joint venture, agency, legal representative, or any other association between you and Outschool. You are not an agent for Outschool for any purpose and shall have no power or authority to bind or commit Outschool in any way.
- Other Terms. The following terms under the Outschool Terms of Services (www.outschool.com/terms) shall specifically govern these Terms of Participation: resolving disputes, governing law, indemnity and release, disclaimer of warranties, and limitation of liability.
- Waiver and Severability. If either Party chooses to waive any of their rights or fails to enforce any provision of this Agreement, it does not mean that the Party is waiving any other rights or will not enforce those provisions in the future. The waiver or failure to enforce any rights or provisions does not excuse the other Party from fulfilling their obligations under this Agreement. If any provision of this Agreement is deemed invalid, illegal, or unenforceable in any jurisdiction by a court or authority, that provision shall be severed from the Agreement to such jurisdiction (but, to the extent permitted by law, not elsewhere), and shall not affect the remaining provisions, which shall remain valid and enforceable.
- Entire Agreement. This Agreement constitutes the entire agreement between you and Outschool and governs your participation in the Program, superseding any prior agreements between you and Outschool with respect to the Program. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software in connection with your participation with the Program.
Thanks for spreading the word about Outschool!
