Equipment Tutor Reseller Terms of Service
Effective Date: The Agreement becomes effective on the date the Reseller registers for the service and clicks 'I Agree.'
By registering for a reseller account or purchasing a reseller package, you (“Reseller”) agree to be bound by these Terms of Service (“Agreement”) with Equipment Tutor Training and Certification Ltd. (“Service Provider”).
If you are entering this Agreement on behalf of a company, you represent that you are authorized to bind that company.
1. License and Grant of Rights
Service Provider grants Reseller a limited, non-exclusive, non-transferable, revocable license to market, promote, and sell Service Provider’s online courses (“Courses”) solely through Reseller’s assigned website.
Reseller may not sublicense, assign, or transfer its rights without prior written consent. Unauthorized transfers may result in immediate termination, forfeiture of commissions, and liquidated damages of USD $100,000 per violation.
Sales are permitted globally unless otherwise restricted by law or by Service Provider.
2. Course Catalogue and Pricing
Courses available for resale include all training programs made available by Service Provider and selected by Reseller.
Pricing is determined by Service Provider and may change with notice.
Reseller may request price adjustments, but changes require Service Provider’s prior written approval.
Unauthorized pricing changes may result in withheld commissions, corrective invoicing, suspension, or termination.
3. Fees and Payments
Reseller pays CAD $199 per month in advance. This covers licensing rights, hosting, backups, and maintenance of the reseller site (branding updates or custom changes may be billed separately).
Service Provider collects all end-user payments and remits 25% of gross revenue from Reseller sales monthly.
Commissions are paid within 10 days after each month’s end, with annual sales reporting provided.
Reseller may request an independent audit of financial records once per year (at its cost unless discrepancies exceed 5%).
4. Term and Termination
Agreement lasts 12 months and automatically renews for successive 12-month terms.
Either party may terminate with 60 days’ notice after the initial term.
Either party may terminate immediately for material breach if not cured within 30 days.
Upon termination, Reseller must stop promoting and selling Courses. Any unpaid commissions will be settled within 30 days.
5. Intellectual Property
All copyrights, trademarks, and proprietary rights in the Courses and reseller website remain the exclusive property of Service Provider.
Reseller may only use trademarks, logos, and content as authorized under this Agreement.
Unauthorized reproduction or derivative works are prohibited.
6. Confidentiality
Each party agrees to protect the other’s non-public information (“Confidential Information”) and use it only as required under this Agreement.
Obligations continue during the Agreement and for five (5) years after termination.
7. Indemnity
Reseller will indemnify and hold harmless Service Provider against claims arising from unauthorized representations, misuse of Courses, or breach of this Agreement.
Service Provider will indemnify Reseller against claims that the Courses infringe third-party intellectual property rights.
8. Limitation of Liability
Service Provider’s liability is limited to the total fees paid by Reseller in the 12 months preceding any claim.
Service Provider is not liable for indirect, incidental, or consequential damages, including lost profits.
9. Non-Solicitation
During the Agreement and for five (5) years after termination, Reseller may not solicit Service Provider’s customers or employees for competing services.
10. Exclusivity
This Agreement is non-exclusive. Service Provider may sell directly or appoint other resellers.
11. Restrictions on Third-Party Reselling
Reseller may not resell or distribute Courses through third-party websites, platforms, or resellers without prior approval.
Violations may result in termination and liquidated damages of USD $100,000 per violation.
12. Legal Costs
In any dispute, the prevailing party may recover reasonable legal fees and costs.
13. Notices
Notices must be delivered personally, by confirmed email, or by registered mail to the addresses provided by each party during registration.
14. Governing Law
This Agreement is governed by the laws of Alberta, Canada, without regard to conflict-of-law principles.
15. Acceptance of Terms
By clicking 'I Agree' during registration or checkout, you acknowledge that:
- You have read and understood these Terms.
- You are authorized to bind your organization.
- This creates a valid, binding contract between you and Service Provider, effective as of the date of registration.
“I have read and agree to the Equipment Tutor Reseller Terms of Service. I confirm I am authorized to bind my organization to this Agreement.”
Last Updated: October 24, 2025
