Affiliate Terms of Engagement

 

1. Definitions

• alphaTUB, we, us, our — alphaTUB Pvt/Org (the platform, website, marketplace, apps and services).
• Affiliate — any person or entity that registers with or is accepted by alphaTUB to promote, create, sell, review, train, support or otherwise provide services or products via the alphaTUB platform (including content creators, certified trainers, language trainers, story center operators, sellers, customer support affiliates, consultants, contractors, promoters, influencers, and marketplace vendors).
• Content — any text, images, audio, video, course materials, lesson plans, software, downloads, product listings, profiles, or other materials uploaded or contributed by Affiliate.
• Marketplace — the alphaTUB digital marketplace where Products and Services are listed for sale.
• Products & Services — physical goods (e.g., pegboards), digital products (printables, courses), professional services (tutoring, training), and experiences (story center sessions, homestays) offered by Affiliates or alphaTUB.
• User / Customer — end users, parents, schools, organizations, tourists or visitors who use, buy or consume Products & Services.
• Personal Data — information that identifies or relates to an identified or identifiable person.
• Child / Minor — any person under applicable age thresholds (including under 13 in jurisdictions applying COPPA), and for the Indian context consider protections for minors under 18.

2. Acceptance & Applicability

By registering as, or continuing to act as, an Affiliate you accept these Terms and any attached schedules (Commission Schedule; Content Standards; DPA; Safeguarding Annex; Marketplace Seller Terms). These Terms supplement and do not replace alphaTUB’s general Terms & Conditions, Privacy Policy, Seller Policies, or any separate Affiliate Agreement. In case of conflict, the order of precedence will be: (1) a signed Affiliate Agreement (if any), (2) these Terms and Schedules, (3) alphaTUB Website Terms & Privacy Policy.

3. Affiliate Status & Relationship

• Affiliates are independent contractors. Nothing creates an employment, partnership, agency or joint venture relationship unless expressly agreed in writing.
• Affiliates are solely responsible for their personnel, taxes, benefits, insurance, statutory compliance, licenses and permits for the services they provide. alphaTUB will not withhold taxes on behalf of an Affiliate unless required by law.

4. Eligibility & Onboarding Requirements

To be accepted as an Affiliate, an applicant must:

1. Complete alphaTUB’s onboarding form and provide accurate identification, academic/professional credentials, address and bank/payment details.
2. Agree to background checks (criminal records, police verification) if the Affiliate’s role involves regular unsupervised contact with children or vulnerable persons (e.g., trainers in schools, story center operators, homestay hosts). alphaTUB may refuse participation if checks are unsatisfactory.
3. Provide copies of certifications or licensing (medical, special education, teacher credentials) if claiming professional qualifications. False claims are material breaches.
4. If offering services (doctor, therapist, special educator), provide malpractice/ professional liability proof if requested.
5. Sign alphaTUB’s Safeguarding Policy and Child Protection Addendum where applicable.
6. Where handling Personal Data of users, execute alphaTUB’s DPA (as controller/processor depending on activity).

alphaTUB may accept, decline or provisionally onboard Affiliates at its discretion.

 

5. Accepted Roles & Core Responsibilities

Affiliates may perform one or more roles including (non-exhaustive):

• Content Creator / Producer / Reviewer / Auditor / Approver — produce or validate curriculum, multimedia, lesson plans, assessments, translations.
• Certified Trainer / Language Trainer / Teacher Intern — deliver training, workshops, or in-person classes using alphaTUB pedagogy and materials.
• Content Seller / Marketplace Vendor — sell digital or physical products and services via alphaTUB Marketplace.
• Customer Support Affiliate — provide support to users according to alphaTUB support scripts, SLAs and escalation procedures.
• Affiliate Marketer / Sales / Evangelist / Influencer — promote alphaTUB products; generate leads; earn commissions under the Commission Schedule.
• Story Centre Operator / Homestay Host / Event Host — operate in-person venues or events under alphaTUB standards.
• Third-Party Contractor / Service Provider — deliver specialized services under contract.

Core obligations of all Affiliates:

• Adhere to alphaTUB Content Standards, Safeguarding Policy, Code of Conduct, and these Terms.
• Ensure all Content is accurate, lawful, age-appropriate, culturally respectful, developmentally appropriate and free of prohibited material.
• Timely respond to alphaTUB communications and user queries where assigned.
• Keep Profile, Credentials and Payment details up to date.
• Cooperate with audits, investigations, moderation and regulatory compliance requests.

6. Content Standards & Prohibited Content

Affiliates must ensure Content and listings:

• Are original or properly licensed; do not infringe third-party IP rights. If using third-party works, Affiliates must provide written licenses or public domain evidence.
• Are factually accurate where factual claims are made (educational, medical, or therapeutic claims must be evidence-based).
• Are developmentally appropriate and comply with age classification guidance provided in the Content Standards Annex.
• Do not contain hate speech, discriminatory content, graphic sexual content, sexual content involving minors, glorified violence, instructions for illegal activities, or extremist propaganda.
• Do not solicit or publish Personal Data of children (names, images, contact) without verifiable parental consent. For children under 13 (or applicable age), COPPA/ local equivalents apply: no collection of personal data without parental consent and alphaTUB prior approval.
• When Content teaches health, therapy or medical procedures, Affiliates must clearly state professional qualifications and provide disclaimers; only licensed professionals may offer medical advice, and they must comply with local health regulations.
• Product listings must describe items & services accurately (pricing, deliverables, refund policies).

alphaTUB reserves the right to reject, remove, block, or demote any Content or listing that violates standards or law. Affiliates will be notified and may appeal per the Moderation & Appeals procedure (Section 13).

7. Intellectual Property, Licensing & Moral Rights

7.1 Ownership. Affiliates retain ownership of Content they create, except for alphaTUB materials or third-party materials where alphaTUB owns rights.

7.2 License to alphaTUB. By uploading Content or listing Products/Services, Affiliate grants alphaTUB a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual (or for the life of the product where relevant) license to host, reproduce, modify (for format), distribute, display, perform, promote, translate, create derivative works, and use the Content for the operation and marketing of alphaTUB and related services. For marketplace offerings, alphaTUB requires license rights necessary to process orders, deliver digital content, and provide customer service.

7.3 Affiliate Warranties. Affiliate warrants they have all rights, licenses and consents necessary to grant the license above and that use does not infringe third party rights.

7.4 Moral Rights. Affiliate will waive or not assert moral rights to the extent permitted by law for alphaTUB’s lawful use; where waiver is not permitted, Affiliate grants a broad right to adapt and use the Content.

7.5 Third-Party Materials. If Affiliate includes third-party copyrighted works, they must include written proof of license and indemnify alphaTUB for claims.

 

8. Marketplace Sales, Pricing, Refunds & Deliverables

• Affiliates listing Products or Services must set accurate prices, specify deliverables, delivery timelines, refund and cancellation policies in accordance with alphaTUB’s Marketplace Seller Terms.
• For digital goods, Affiliates must supply downloadable files in required formats and maintain availability. For in-person services (training, story sessions, homestays), Affiliates must ensure safety & quality and meet public health and local licensing requirements.
• alphaTUB may impose minimum or suggested pricing, promotional discounts and bundles. alphaTUB will clearly disclose the split of gross proceeds (Commission Schedule).
• Refunds and chargebacks: alphaTUB will manage customer complaints; if refunds are issued due to defective deliverable or non-performance, alphaTUB may debit Affiliate account or offset future payments (clawback). Affiliates must cooperate with dispute resolution.

9. Commissions, Payments & Taxes

• Payment terms, commission rates, referral bonuses and revenue share arrangements are set in the Commission Schedule or Affiliate Agreement. alphaTUB may withhold payments until minimum payout thresholds are met.
• Payments are subject to deductions for refunds, chargebacks, promotional discounts, taxes, penalties and any other valid offsets.
• Affiliates are responsible for all taxes, duties, social security contributions and any statutory obligations arising from their earnings. alphaTUB may collect tax forms (e.g., PAN, GST, W-9) and make statutory withholdings as required by law.
• Payment cycles, currency, and payment methods are described in the Commission Schedule. alphaTUB may change payment providers.
• Any dispute about calculations must be raised within 60 days of payment; alphaTUB’s records are presumed correct unless proven otherwise

10. Confidentiality & Data Protection

10.1 Confidential Information. Affiliates must keep confidential any non-public information disclosed by alphaTUB (business data, user lists, pricing) and not use it except to perform services. Confidentiality survives termination for 3 years (or longer if trade secrets).
10.2 Personal Data & DPA. Affiliates handling Personal Data must comply with alphaTUB’s Privacy Policy and sign the DPA. Key points:

• Lawful basis must be established (consent, contractual necessity, legitimate interest).
• Affiliates must implement appropriate technical & organizational measures to protect Personal Data.
• Cross-border transfers must follow law (use of Standard Contractual Clauses, adequacy decisions).
• Data breach notification: Affiliate must notify alphaTUB without undue delay and in any case within 72 hours of becoming aware.
• Data Subject rights: Affiliates will assist alphaTUB in responding to access, rectification, erasure, portability or objection requests.

10.3 Children’s Data. For Personal Data of children, Affiliates must obtain verifiable parental consent and follow COPPA / local child privacy laws. Affiliates must not collect children’s PII via chat, comments, or content without express parental permission and alphaTUB prior approval.

11. Safeguarding, Background Checks & Child Protection

• Affiliates who deliver direct services to children (trainers, story center staff, homestay hosts, in-school interns) must:
  • Consent to criminal record checks and provide proof of identity and referenced background or credentials.
  • Complete alphaTUB safeguarding training and sign the Safeguarding Policy.
  • Not be listed or retained where checks reveal convictions or findings that pose risk.
• Affiliates must follow safe recruitment practices, supervise staff working with minors, never be alone with a child where local policy forbids, and maintain incident reporting logs.
• Any allegation or suspicion of abuse must be immediately reported to alphaTUB and relevant authorities.

12. Code of Conduct & Quality Assurance

Affiliates must:

• Act ethically and professionally, respecting cultural sensitivity and learner dignity.
• Not engage in fraudulent behaviour, fake reviews, fake sales, misleading advertising, or manipulation of metrics.
• Avoid conflicts of interest (e.g., undisclosed relationships with customers). If unavoidable, Affiliates must disclose them in writing.
• Comply with alphaTUB quality checks, audits, spot checks, and feedback mechanisms. Poor quality or repeated complaints may lead to sanctions.
• Maintain minimum service levels for trainers and customer support (detailed SLAs in operational guidance).

13. Moderation, Takedown & Appeals

• alphaTUB moderates Content and listings and may remove or suspend Content for material policy breaches. Removal may be immediate for safety or legal reasons.
• alphaTUB will notify Affiliate of takedown and reason. Affiliate may appeal via the Appeals process within 14 days. Appeals will be resolved within a reasonable timeframe.
• For repeated or severe violations (child safety breach, illegal content, fraud), alphaTUB may permanently terminate the Affiliate and withhold payments pending investigation.

14. Warranties & Representations by Affiliate

Affiliate warrants and represents that:

• They are lawfully able to enter into these Terms and perform obligations.
• Content is original or licensed, not defamatory, and does not infringe third-party rights.
• They will comply with laws (consumer protection, education, professional, tax, export controls).
• For professional services, they hold and will maintain required licenses and insurance.
  False statements are material breach.

15. Indemnification

Affiliate shall indemnify, defend and hold alphaTUB and its officers, employees and partners harmless from any third-party claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising from: (a) Affiliate’s Content or Services infringing third-party rights; (b) Affiliate’s breach of these Terms; (c) Affiliate’s negligence, misconduct, or illegal acts; (d) claims related to professional services performed by Affiliate.

16. Limitation of Liability

To the maximum extent permitted by law, alphaTUB’s aggregate liability for any claim arising from or related to these Terms will be limited to the total fees/commissions actually paid to Affiliate in the 12 months prior to the claim. Neither party will be liable for lost profits, indirect, special, incidental or consequential damages except for gross negligence, willful misconduct or for liability that cannot be excluded by law.

17. Insurance

Affiliates providing in-person services, professional advice or events must maintain commercial general liability and, where applicable, professional liability insurance, in minimum amounts set out in operational schedules. Proof of insurance is required on onboarding and upon renewal.

18. Termination & Suspension

• Either party may terminate for convenience with 30 days’ notice where a separate agreement exists; otherwise alphaTUB may suspend or terminate immediate for material breach, unlawful activity, safeguarding concerns, fraud or repeated poor performance.
• Upon termination, alphaTUB may remove Affiliate’s Content and listings, pay outstanding unpaid commissions subject to deductions for refunds or clawbacks, and require Affiliate to return Confidential Information. License grants in Section 7 survive termination to support past transactions and legal compliance.

19. Audit Rights & Recordkeeping

AlphaTUB may audit Affiliate’s records concerning commissions, sales, compliance and safeguarding on reasonable notice. Affiliate must retain records for a minimum of 3 years (or longer if required) and produce them upon request.

20. Publicity, Trademarks & Use of alphaTUB Marks

• Affiliates may not use alphaTUB’s logos, trademarks or trade names for promotion without prior written consent and must follow brand guidelines.
• alphaTUB may use Affiliate’s name, profile and public statistics for promotional purposes unless Affiliate objects in writing.

21. Dispute Resolution & Governing Law

• These Terms are governed by the laws of India (without regard to conflict of laws). Any dispute shall be referred to arbitration under the rules of [Indian Arbitration & Conciliation Act / ICC / SIAC – choose final model], with seat in Mumbai, and language English.
• Injunctive relief may be sought in courts of competent jurisdiction pending arbitration. Parties will attempt to resolve disputes by good-faith negotiation before arbitration.

22. Amendments

alphaTUB may update these Terms, Content Standards or Schedules. Material changes will be communicated 30 days before taking effect for active Affiliates. Continued use implies acceptance. Critical safety or legal changes may be immediate.

23. Notices

Notices to Affiliates will be sent to the email provided on registration. Affiliates must maintain a valid contact email.

24. Miscellaneous

• Severability: If any clause is invalid, the rest remain in force.
• Assignment: Affiliate may not assign these rights without alphaTUB’s consent. alphaTUB may assign to a successor.
• Entire Agreement: These Terms plus schedules are the complete agreement between parties relating to Affiliate activities.
• Survival: Sections on IP license, indemnity, confidentiality, data protection, limitation of liability and post-termination obligations survive termination.

25. Operational Annexes (to be attached & published)

The following annexes/schedules will be published with these Terms and made part of the Agreement:

1. Affiliate Commission Schedule — rates, tiers, referral structures, payment timing, clawbacks and bonus programs.
2. Content Standards & Age-Appropriateness Guidelines — learning design, visual/audio quality, metadata, accessibility (WCAG), citation and fact-checking rules.
3. Marketplace Seller Terms — product listing rules, delivery SLAs, returns, and merchant onboarding checklist.
4. Data Processing Addendum (DPA) — roles, security measures, breach timelines, subprocessors, cross-border transfer clauses.
5. Safeguarding & Background Check Policy — required checks, frequency, disclosure, and incident reporting templates.
6. Onboarding Checklist & Quality Assurance Matrix — required documents, training modules to be completed, minimum rating thresholds.
7. Model Release & Parental Consent Templates — for photographs, video and voice recordings of minors.
8. Insurance & Professional Standards Schedule — minimum insurance limits for different service types.
9. Appeals & Moderation Process Flowchart — steps and timelines for takedown and appeals.

26. Post Beta Phase

• alphaTUB would
  • (a) finalize the Commission Schedule and Seller Terms,
  • (b) prepare the DPA and Safeguarding Agreement for signature during onboarding,
  • (c) implement an automated background-check workflow for child-facing Affiliates,
  • (d) incorporate consent forms for child images and recordings,
  • (e) publish a public summary “Affiliate Code of Conduct” for quick reference on the website, and
  • (f) obtain local legal review to adapt governing law, arbitration seat and consumer protections to jurisdictions of operation.

27. Legal Disclaimer

The Terms of this agreement shall be in accordance with the laws of India