The following terms apply to all courses developed and offered to The Shift Network and its affiliates. Courses are a co-production between Faculty and The Shift Network and the following terms reflect the balance of contributions that are required to make each Course a success. Additional detail can be found in The Shift Network Faculty Manual.

 

 



 

Revenue: The Shift Network agrees to pay Faculty 25% of gross revenue from all registrations for the Course (defined to mean revenue actually received by The Shift Network, subtracting out any refunds or chargebacks, payment advances, and payments to any mutually agreed upon guest faculty). Revenue share payment will be sent within three weeks after the Course ends unless the Course is from 10-16 weeks long, in which case fifty percent (50%) of that revenue share payment will be sent within five weeks following the start of the Course and the remainder within three weeks after the Course end. For courses that are 4 months to a yearlong, 3 payments will be made--at 33% complete, 66% complete, and within three weeks after the end of the course. Faculty will receive a full accounting from The Shift Network. In the cases of advanced coaching courses, a different revenue share may be arranged.

 



Affiliate Commissions: Faculty will receive affiliate commissions for any registrations that come from Faculty’s own list. Affiliate payments are issued once a month based on the actual dollars received from the prior month, once the amount of the payment is over $100. Affiliate payments are credited to the Faculty on all registrations that sign up using the Faculty’s unique special code or web link.

 

For all referred sales as of January 1, 2015, all Course affiliates will earn commissions of: 

30% on our entry level courses priced between $97 and $347,

30-50% on evergreen funnels,

20% on advanced or immersion courses,

10% on high-touch advanced programs that include personal coaching and more time-intensive work.

 

Copyright: Faculty will retain the copyright and other intellectual property rights to all core teachings, concepts, phrases, ideas, and handouts that they generate and offer during the Course. The Shift Network will retain ownership of all copyright and other intellectual property rights in marketing copy generated specifically for the Course sales page, promotional emails, or other promotional materials. If the Faculty provides the core branding (e.g., title, subtitle) to The Shift Network, the Faculty retains ownership. If The Shift Network develops the title and subtitle, the Shift Network will retain ownership. The Shift Network will own the specific media assets created from the Course. If there are more specific areas, terms, or understandings, they are listed in Addendum A. Faculty represents and warrants that Faculty owns or has the right to use all material included by Faculty in the Course.

 

Sales of Access Course: At its discretion, The Shift Network is able to continue selling the access package at the standard or modified price with the same revenue sharing deal as for the live course with faculty for a period of two years. The Shift Network may choose whether or not to promote a access course in this ongoing way.

 

Partial Course or Repackaging of Assets: If it becomes desirable for both parties to create a partial Course or repackage part of the Media Assets from the Course for some other product, it would require a new and separate agreement with mutually agreeable terms.

 

Upsell Revenue Share: If Faculty chooses to offer an upsell program during their course with The Shift Network, such as information products, books, cd, or additional program, Faculty will provide a special hyperlink or affiliate code to all participants in the Course with The Shift Network through which affiliate revenues by Faculty will be tracked. Faculty agrees to pay The Shift Network Inc. 50% of the gross receipts for virtual offerings or 50% of profits on hard-copy products on all such upsell revenue sales. All other products will be negotiated on a case-by-case basis, and in the range of 20-50% of gross receipts, depending on soft and hard fulfillment costs. Such payments will be made within 45 days of the sale and Faculty will provide The Shift Network will a detailed accounting of such sales with the payment. Faculty may provide Course participants information about their company or general website URL without an affiliate link needed.

 

Exclusivity: Faculty are free to teach their material with other organizations or online, with the limitation that they cannot use without the Shift Network’s prior written consent any marketing assets (including text, graphic identity, emails, or multimedia) specifically developed by The Shift Network for this Course or any newly-produced asset that The Shift Network owns (recordings and transcripts) without a specific written agreement to do so.

 

License to use audio, video, and content: Faculty agree to be recorded by audio, video, and transcript during the teaching of the Course and for those recordings and documents to be made available to all participants, including Faculty’s name, likeness and voice, both live in the moment and for future access by participants. The Shift Network reserves the right to offer limited portions of such recordings as free samples as part of promotional outreach.

 

Decision-making: The Shift Network has final decision-making authority on the marketing sales page presentation and copy (including title and subtitle), email campaigns, as well as pricing, payment plans and scholarships, in consultation with Faculty and with a goal of being aligned with Faculty’s desires. Faculty has final decision-making authority on Course curriculum and content.

 

Marketing: The course is presented as “The Shift Network presents” and marketed under the brand of The Shift Network.

 

Discounted courses: The Shift Network reserves the right to decide on all discounts, scholarships, payment plans, and complimentary passes to the Course. We generally make available several free complimentary passes to Faculty invitees.

 

Course participant list: The Shift Network owns the list of course participants and does not provide this list to the Faculty. However, there will be an opportunity during the class to provide an opt-in to the Faculty list and the final course email will include Faculty updates and another opt-in link (see Upsell Revenue, above).

 

Indemnification:  Each party to this agreement agrees to indemnify and hold harmless the other party and its affiliates, directors, officers, independent contractors and employees from and against any and all losses, liabilities, claims, expenses, legal fees, liens, damages, or other obligations that may actually and reasonably be payable by virtue of the other party misrepresentation or breaching this agreement.

 

Disputes: If issues arise over the production of the Course that cannot be settled by the two parties, both parties commit to binding arbitration in San Francisco, California by JAMS under its Streamlined Arbitration Rules and Procedures as a way to resolve any differences.

 

The above terms represent the full extent of the understanding between the two parties, who enter into this agreement with good faith and the full intent to be mutually supportive. If there are more specific areas, terms, or understandings, they are listed in Addendum A and signed by both parties.

 

Our signatures below signify our full agreement with the above terms.