Author Terms

Welcome

  1. Hi, we’re ElearnMarket. We’re really glad you’re considering becoming an author with us.
  2. Imagine creating what you want, when you want, from the comfort of your own home, making passive income whether you’re working or not. Some of our authors sell stock in their free time as a hobby, some do it to get their name out there, and some are able to make it their full time profession.
  3. Becoming an author is easy and if you’ve reached this point then you’re already a member and you’ve accepted our ElearnMarket Terms. These additional terms for authors (‘Author Terms’) are an extra part of the ElearnMarket Terms that apply specifically to authors on the ElearnMarket. You’ll need to agree to them before you can become an author. These govern the relationships, rights and obligations of authors to us and buyers using ElearnMarket. You agree to put your items on ElearnMarket and make them available to buyers on the basis stated in the ElearnMarket Terms and these Author Terms.
  4. When we say ‘you’ in these Author Terms we are referring to you, the author. All other words defined or explained in the ElearnMarket Terms have the same meaning here. If there’s any inconsistency between what we say in these Author Terms and what is in the ElearnMarket Terms, what we say in these Author Terms prevails.
  5. Read on for details about your author responsibilities, the process of selling your items on the ElearnMarket and how you can earn money with us.

Becoming an author

  1. Becoming an author is free: Becoming an author and putting your items up on the ElearnMarket is free but there is a review process before your items go live. There are a few things you promise in exchange for the right to be an author, which are outlined in these Author Terms.
  2. Process to become an author: There are easy steps you follow to sign up as an author, which are outlined on the ElearnMarket Become an Authorguide. There you’ll find instructions and resources that will help you get started. You’ll also find information about payment, submission requirements and other important information about being an author on our Author Guide page.

How selling your items works

  1. The list price is the price you see on an item page on ElearnMarket and is made up of two components:
  2. Item price (License): When you ‘sell’ an item, you’re making your item available to buyers to use that item under certain conditions; you’re not actually selling the item itself. What you’re selling includes a license directly to the buyer to use that item under the various types of license terms that we set that are applicable to your items.

For the different types of licenses and detail about what rights you are licensing to buyers see our licensing page. Take a moment to understand how your work will be licensed to buyers!

  1. Buyer services fee: The item price a buyer pays also includes a fee for the buyer services they get from ElearnMarket like 24/7 buyer support, fraud protection, item quality control and other related buyers services.
  2. Exclusivity: When you become an author, you can choose to make your items available exclusively on the ElearnMarket or have the option of selling your items elsewhere. As we explain next, the percentage of revenue you receive from each sale of your item will vary depending on your choice. You can change your exclusivity status which will affect the percentage of revenue you get after you change your status.
  3. Your earnings; author fee: When your item is sold on ElearnMarket, you will earn the item price component of the list price less an author fee that we charge. The author feeis what you are charged by ElearnMarket for use of our platform and services as an author. The author fee is determined by whether you are selling the item only on ElearnMarket exclusively and by the aggregate value of list price sales you’ve had in the past. The author fee you pay to us is set out in the rates schedule that we can change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on ElearnMarket.
  4. We set the prices of items: We know how valuable your creations are to you and so we endeavor to make the price of your items fair and in line with the going market rate. Even so, you acknowledge and agree that we have absolute control over the prices for ElearnMarket items.
  5. Review: When you think you’ve created an item suitable for the ElearnMarket, you will submit that item to us to check the quality and whether it contains adequate information for buyers. We have rules about what we accept and don’t accept and you can read up on these in our author-related ElearnMarket information. Although we always like to provide constructive feedback we’re not obliged to give you any reasons for rejecting your item. We have the final say on whether items are accepted for the ElearnMarket.

How do payments of earnings work

Earnings payment:

  1. We will pay you the item price component of the total price less the author fee (‘your earnings’ or ‘earnings’). In order for us to do this, you authorise us to collect payments for your items, to credit your ElearnMarket account with your earnings, and to distribute your earnings to you.
  2. To avoid any confusion, only your earnings from the sale of your items will be payable to you. ElearnMarket credits that were converted from monies you deposit as a buyer are not able to be withdrawn or refunded.
  3. Thresholds: We’ll make payments of your earnings based on certain minimum threshold amounts. The details of how much you need to have in your ElearnMarket account before we can pay you is set out in ourAuthor Guide page.
  4. Earnings payment timing and methods:
  5. You ask us to hold the balance of your earnings until you request a payment. You can do this by setting up automatic payment requests. We will continue to hold your earnings until we receive a request for withdrawal unless for some reason we decide to pay you your earnings without a request.
  6. When we get a request for payment, we’ll pay you at the next payment cycle as stated on ourAuthor Guide
  7. You must provide us with the correct details and payment method when you request your earnings.
  8. Subject tosection 16(a) above, we reserve the right to pay your earnings to you, at any time, at our discretion.
  9. You may bear some or all expenses incurred by us in paying monies to you.
  10. Potential deductions:
  11. Payment methods available for buyers to buy your items involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorised transactions (which we don’t control). If an ElearnMarket transaction on an item is subject to payment agents’ refunds, chargeback, fees and unauthorised transactions, we may automatically deduct those amounts from your ElearnMarket account.
  12. We may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your item, or transactions may be reversed for other reasons. If that happens, we reserve the right to deduct from your ElearnMarket account any amount that would otherwise be payable to you.
  13. Payment errors: We will continue to hold your earnings if we’re not able to pay your earnings to you for whatever reason, including if:
  14. we do not have the correct payment details;
  15. we can’t contact you using the contact details that you have supplied;
  16. you have not made a request for payment; or
  17. you are asking for payment to be made to a person, an institution or a country that we’re legally prohibited from making payments to, or where there are limitations in the banking systems.
  18. Currency conversions: Whenever we make a payment to you as an author, you are responsible for all costs of converting the amount of the payment from US dollars into your preferred currency. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
  19. Holding earnings: If we decide that an item of yours does not comply with an applicable law or any of our rules or guidelines, including the ElearnMarket Terms and these Author Terms, we can at our discretion disable the item or your membership. See ourContent Policy for more information. We may also hold any earnings on that item for up to two years, and may release those held earnings during that period if we are satisfied that any dispute or issue about your item has been resolved.

Author house-keeping

  1. Taxes:
  2. As an author on ElearnMarket, you are responsible for paying any taxes that apply.
  3. If required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being an author. If so, we will give you relevant documentation that’s required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).
  4. We may collect geographical location information to determine your location, and other information from you that may be used for tax purposes (so the information you give us must be accurate).
  5. Invoices: We will issue invoices (or in some cases tax invoices) for transactions between authors and buyers on ElearnMarket.

Your promises and responsibilities:

  1. As an author you promise to us and each buyer of your items that:
  2. you own or have rights to use the intellectual property rights in that item and that item does not infringe the intellectual property rights of a third party;
  3. the item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  4. the item does not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
  5. the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
  6. As an author you promise to us that you will:
  7. not use ElearnMarket to offer non- ElearnMarket goods or services to buyers;
  8. not buy your own items;
  9. follow any author guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request.
  10. Buyers’ use of your item: We are not liable for any loss suffered by you as a result of a buyer making use of your item contrary to the ElearnMarket Terms or the item’s license.
  11. Other authors and affiliates’ use of your item: An ElearnMarket affiliate can use your item thumbnail previews in their promotion of the ElearnMarket and no compensation is due for these uses. A fellow author may also use a watermarked preview of your item in a preview of their own ElearnMarket item without requiring your permission and without compensating you. The other author must credit you by providing a link to your item on the ElearnMarket Market.
  12. Our use of your item: We may use the whole or part of your items to promote the ElearnMarket. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.
  13. Item removal: We have the right to remove an item for any reason, using our reasonable discretion. For example, we may review the libraries to keep the ElearnMarket fresh and full of quality items that meet the latest technical standards and market trends. Also, issues about an item might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.

Personal information of members

  1. In order to facilitate a transaction on ElearnMarket, we may provide you with relevant buyer information and also may provide buyers with your relevant information (for example for invoicing or item support services). You agree that you will keep buyer information confidential and only use this information for that ElearnMarket transaction.
  2. If, over and above what ElearnMarket provides you with, a member voluntarily provides you with (or your item accesses or uses) usernames, passwords or other personal information of the member (personal information), you must:
  3. provide a privacy notice, making the member aware of their personal information that you will receive and how you will handle that information;
  4. obtain the member’s permission to use their personal information;
  5. use the personal information only for the limited purposes for which the member gave permission; and
  6. meet any privacy and spam law requirements that apply to you.

Special arrangements

Special deals and promotions

  1. Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for authors (special deals). In order for us to make this possible you give us permission to negotiate special deals. We might also offer pricing promotions to ElearnMarket buyers. Generally, this will be covered by our setting of prices (seesection 11 – We set the prices of items). In some cases, if pricing promotions involve a change in the author fee or licensing terms, then it is aspecial promotion and the following sections are relevant.
  2. Given the nature of special deals, the prices of your items under the special deal may vary from the advertised item price. This means that your earnings on the sale of your items in a special deal may not always be determined by reference to the advertised price of your item on the ElearnMarket. Given the nature of special deals and special promotions, the author fee may differ for special deals or special promotions.
  3. Before your item is included in a special deal or special promotion, we’ll provide you with information about the special deal or special promotion, item pricing and author fee. You can opt out of participating in a special deal or special promotion if the deal involves a change to the author fee. We will let you know the time frame to opt out, and if you don’t do so, your item will be included in the special deal or special promotion.
  4. Special deals and special promotions might also involve you entering supplementary licensing arrangements to allow the buyer to use your item in particular ways. If these supplementary licenses are substantially different from the standard ElearnMarket licenses, you will also have the opportunity to opt out of participating in the special deal or special promotion within the time frame we set out when we make the offer to you.

Legal housekeeping

  1. Relationship between us and you: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can bind each other in any way. We are, however, your agent only for the limited purposes of your warranties to buyers in section 19 – What authors promise you about itemsof the ElearnMarket Terms and the disclaimer of your liability to buyers insection 49 – Disclaimer. of the ElearnMarket Terms.

Definitions

Author:

a member who makes items available for sale on ElearnMarket.

Author fee

is what you are charged by ElearnMarket for use of our platform and services as an author.

Buyer services fee:

the fee for the services buyers get from ElearnMarket like 24/7 buyer support, fraud protection, item quality control and other related buyers services.

Item price:

the price a buyer pays for the relevant license for the right to use that item as detailed in section 8(a).

List price

is the price you see on an item page on ElearnMarket and is made up of the item price and buyer services fee.

Go forth and author!

We’re very glad you’ve made it to the end of this important document. You can head over and read the Author Guide which will run through all the practical and operational stuff you’ll need to know.

We wish you all the very best in selling your items on the ElearnMarket.

Version 1 – Effective date: July 20, 2015.