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Developer Agreement
 

The public Hunger2Learn Terms of Service and Privacy Policy are incorporated herein by reference. Some portions of this Authors' Agreement modify portions of those documents. In those instances, the language in this agreement supercede the applicable language of the Terms of Service and Privacy Policy.

The content of any course developed and posted on Hunger2Learn.com belongs to the developer and any copyrights or trademarks associated with developer’s material belong to the developer and it is the developer’s responsibility to file and perfect any documents or follow other procedures to register and protect your intellectual property.  Developer warrants that all material posted in his/her courses is original or is in the public domain or he/she has the rights to use it for the purpose herein.

Developer warrants that none of his/her materials will defame anyone or contain any libelous material nor invade anyone’s privacy nor make use of their visage without permission.  The content has been reviewed by developer who warrants that all such material will comply with all Federal, State, and local laws and regulations in the United States.  Also, if the developer is a resident of or is working from any non-USA jurisdiction, he/she warrants that the courses will not violate any laws or regulations of the nation of their citizenship and their location.

The developer acknowledges that the Internet is controlled in each nation by its own government.  As such, some governments at times block or otherwise interfere with material which is contrary to the country’s policies.  It is possible that a particular course may be blocked in a particular country or that the entire Hunger2Learn.com site may so be blocked.  Hunger2Learn.com reserves the complete right to make decisions in its own discretion as to what Hunger2Learn.com will or will not do to comply with the requests and requirements of foreign nations and therefore Hunger2Learn.com cannot guarantee that the site or any particular course will be available in every nation or jurisdiction.

Hunger2Learn.com is also the sole arbiter of what courses are carried on the site or what developer’s courses will be carried on the site.  We reserve the right to refuse to carry a particular course or courses of a particular developer for any reason at any time.  If we make such a decision, we will notify the developer so effected by e-mail at their Hunger2Learn.com registered address.  Such notification is a courtesy only and is not required for terminating a course or developer.  It is understood that Hunger2Learn.com has unlimited discretion in its determination of suitability for the Hunger2Learn.com.  

In no event shall any liability of Hunger2Learn.com ever be greater than the Hunger2Learn.com share of the income from developer’s courses for the last 12 months.  This limitation of liability is cumulative and is a single limit regardless of the number of instances or cases or problems.  Within that limit, there shall be no Hunger2Learn liability for consequential damage.

Developer may utilize the Hunger2Learn.com website and use its development tools to create and post as many courses as he/she wishes, subject only to the limitations and conditions stated elsewhere in this agreement.

Marketing of particular courses may be done by either the developer of Hunger2Learn.com.  The extent, methods, and content of such marketing will be at the discretion of the party doing that marketing effort subject only to the other terms in this agreement..

Developer may set the Price of any course at whatever level he/she wishes.  However, the individual price must be greater than the Hunger2Learn.com fee for the course.  This fee will appear on your “Course Pricing Calculator” for that particular course.  This will be referred to as the “Publishing Fee” for the course.  The Price therefore will consist of the Publishing Fee plus the Developer’s Margin.  It is the Developer’s Margin which the developer may set at any level he/she deems appropriate by increasing or decreasing the Price.

If the course is modified by the developer, the publishing fee may change.  Typically if the modification makes the course longer, the publishing fee may increase.  If shorter, the fee may decrease. 

Hunger2Learn.com will charge each person who signs up for the course the Price that the Developer has set.  Hunger2Learn.com will subtract the Publication Fee and also the Collection Cost and credit the balance to the developer’s account.  The Collection Cost consists of the fees charged by the banks or other financing organization for the processing of the charge to the Learner and/or credit card fee.

Example:  The Publication Fee is $2.  The Price is $10.  Typically the collection fee would be 10¢ to process a Visa Card and 2.5% of the collection amount, which would be 25¢.  Therefore the Collection Cost would be 35¢.  The amount credited to the developer’s account would be therefore $7.65.

Should there be any contested charges, fraud, or other cause that the amount credited cannot be collected, a credit for previously paid charges that have to be returned, will be debited from the developers account.  The developer therefore will collect only what Hunger2Learn.com collects on its behalf less the Collection Costs and Publication Fee.  If a payment is not collectable Hunger2Learn.com loses its publication fee just as the developer has lost his/her share.  The credit card company, bank, or financial organization’s decision on collectability will be determinative and both Hunger2Learn.com and developer will abide by that.

Hunger2Learn.com prices may be changed from time to time.  The current prices are always available in the Hunger2Learn Cost Calculator available on line to all developers.

Hunger2Learn.com has selected Pay Pal as its Payment Partner.  All payments to developers by Hunger2Learn.com will be made via Pay Pal electronic transfer into developer’s individual account which developer will establish according the then prevailing procedures of Hunger2Learn.com and Pay Pal.  Payments will be made monthly provided the developer’s balance due is over $500.  Regardless of the size of the balance, payments will be made of whatever balance exists at the end of June and the end of December each year.
Examples:  If an account balance is $87 at the end of the month, no payment would be made then unless it were June or December in which case the money would be credited to the developer’s bank account by Pay Pal.  If the balance were $508 at the end of February, the payment would be made at the beginning of March.

Regardless of whether or not payments are made in any month, an e-mail statement will be sent each month to each developer who has a non-zero balance.  Developer balance and earning information is proprietary to each developer and will not be shared or revealed to other developers by Hunger2Learn.com.  Individual developers however are free to share information with each other.

Developers may be individuals, partnerships, associations or corporations.  If the developer has a Federal ID number, we will need to have that on file.  If there is no Federal ID number, the developer will have to provide his/her Social Security Number and in those cases Hunger2Learn.com is required by law to, once a year, submit Federal IRS Form 1099’ to the IRS for each developer indicating the total amount paid to that developer by Hunger2Learn.com.

Developers agree that they will identify themselves at a minimum at the beginning of each course.  The information required is the developer’s official name, a valid e-mail address, and a mailing address.  Phone number is optional at the developer’s discretion.  The intention is that the Hunger2Learn.com community does not post courses from anonymous organizations or developers but only bonafide serious developers and organization.  The basic information for each developer will be available on the Hunger2Learn.com site for anyone to look up.

The developer has the complete discretion of giving credit to co-developers, key staff, and others.  Hunger2Learn.com will not arbitrate disputes between co authors and developers.  The developer signing this agreement has the prerogative of making all these decisions consistent with whatever agreements with others that they may have signed.

If two developers have very similar names that are, in Hunger2Learn.com’s sole judgment, likely to cause public confusion as to who has developed a course, the second developer will be required to select a new name that would not cause confusion.  Likewise for titles of courses.  However, this does not prohibit different developers from developing and authoring courses in the same subject area.  So there may be multiple courses, for example, on “Cost Benefit Analysis.”  But we require that each successive developer with a course in that subject give it a distinctive name.  Examples might be:  “Eigen’s Primer in Cost Benefit Analysis”, “The World of Cost benefit Analysis”, or “Making Critical Decisions:  Using Cost Benefit Analysis Techniques”.

Developers who wish to may have a Certified Public Accountant of their own choosing audit the developer’s account, by notifying us in writing and authorizing the particular CPA.  We will then give the auditor reasonable access to our books and records regarding Hunger2Learn.com during our normal business hours.  Developer must bear all costs of the audit other than Hunger2Learn.com operations

This is a complete agreement and may be amended only in writing.  If there be any dispute regarding this agreement, it is agreed that the courts of the State of Maryland will have jurisdiction and the laws of that state shall be used in any litigation.