Duet’s Terms of Service
By using the Duet Partner website and/or the related iOS/Android apps and/or the related web-based Service, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Duet Partner reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
1. You must provide your legal name, a valid email address, and any other information requested in order to complete the signup process and Service provision.
2. Your login may only be used by one person. You may create separate logins for as many students as you’d like.
3. You are responsible for maintaining the security of your account and password. Duet Partner cannot and will not be liable for any loss or damage from your failure to protect your login information, including your password.
4. You are responsible for all Content (e.g. words, pictures, audio, personal data et al) uploaded / published, and any & all activity that occurs under your account (even when Content is posted by others who have accounts under your account). We reserve the right to request verifiable and demonstrable ‘proof of consent’ regarding uploading, storing or publishing any & all 3rd party content, e.g. license, written permission, receipt, etc.
5. You may not use the Service for any illegal, inappropriate or unauthorized purpose(s). You must not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright infringement, libel, hatred, violence, etc.).
6. If, in using the Service, we consider any laws were violated, or generally accepted business principles were broken, then we reserve the right to take action without your consent (e.g. remove content from your website/account). If we consider any violation(s) to be deliberate, or if ‘repeat violations’ occur, then we reserve the right terminate your website/account without notice.
7. If, as a result of violating these Terms of Service, legal action is taken against Duet Partner, we reserve the right to ‘redirect’ such lawsuits and/or disclose your contact details to a verified 3rd party.
8. You are responsible for maintaining any & all regional, national or international compliance, as is required for your business and/or your clients, including (but not limited to) anti-spam legislation, General Data Protection Regulation, privacy legislation, taxes & duties & tariffs et al.
Payment, Refunds, Upgrading and Downgrading Terms
1. A valid credit card or Paypal account is required for all paid accounts, once the free trial period has ended.
2. If you initially sign up for a free trial on a paying account, and you do not cancel that account within 30 days, you will be sent an email allowing you to begin paying for your subscription. If you choose not to pay once your trial has expired, your account will be suspended until payment is received.
3. The Service is billed in advance on a recurring monthly or yearly basis. There will be no refunds or credits for partial months of service (for those paying monthly) or for partial years (for those paying annually), upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. The only acceptable refunds will be duplicated payments and refunds approved by the billing department.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Modifications to the Service and Fees
1. Duet Partner reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
2. Duet Partner reserves the right to change our monthly fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the Duet Partner website or blog.
Cancellation and Termination
1. You alone are responsible for the proper cancellation of your account. You may cancel your account from the “My Account” page after logging into your account. If you are paying by Paypal, you are also responsible for canceling your Paypal subscription to Duet Partner to prevent them from sending further payments as canceling your MTH account does not trigger cancellation of your Paypal subscription.
2. All of your Content will be immediately deleted from the Service upon cancellation.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Duet Partner, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Duet Partner reserves the right to refuse service to anyone for any reason at any time.
Copyright and Content Ownership
1. Duet Partner owns the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Duet Partner owns.
2. Duet Partner claims no intellectual property rights over any Content you upload, store or publish through the Service. However, by using the Service to store, upload, and publish Content, you are confirming (a) other individuals & organizations may view and share your proprietary Content; and, (b) you’ve obtained verifiable and demonstrable consent to store, upload and publish any 3rd party Intellectual Property, e.g. license, receipt, etc.
3. In the event of copyright infringement concerns, or similar Intellectual Property related matters, be advised Duetpartner.com, as an Online Service Provider ‘(OSP’) as defined by the Digital Millennium Copyright Act (‘DMCA’) and the Online Copyright Infringement Liability Limitation Act (‘OCILLA’), operates in in compliance with the ‘Safe Harbor’ provision ‘DMCA 512’ procedures and is registered with the US Copyright Office (details available upon request).
4. To express a concern, for and on behalf of any copyright holder, please contact: Copyright Compliance Manager via email email@example.com or post via MusicTeachersHelper.com, 179 North 1200 East Suite 102, Lehi, UT, 84043, USA. Be mindful, if correspondence is sent to this address it might take us longer to process (i.e. there’ll be a lead time to re-route the document[s] before one of our team members receive them).
1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Music Teacher’s Helper.
3. You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
4. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
5. You understand that the Service can be used for transmission of your Content, and that during processing, your Content, including invoices, payment reminders, and personal messages, may be transferred unencrypted over the internet.
6. You may not use the service to transmit any viruses, worms, malicious content, or any 3rd party intellectual property without the appropriate consent, license, etc.
7. Duet Partner does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
8. Music Teacher’s Helper, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
9. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
10. The failure of Music Teacher’s Helper to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Music Teacher’s Helper and govern your use of the Service, superseding any prior agreements between you and Music Teacher’s Helper (including, but not limited to, any prior versions of the Terms of Service).
11. Questions regarding the Terms of Service should be sent to firstname.lastname@example.org.
Affiliate Program Terms
By becoming a Music Teacher’s Helper affiliate, you are agreeing to be bound by the following terms and conditions.
Music Teacher’s Helper reserves the right to update and change the terms and conditions contained in this Agreement, at any time and in our sole discretion without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.
You must provide your legal name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. Music Teacher’s Helper cannot and will not be liable for any loss or damage from your failure to protect your login information, including your password.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Limitation of Liability
We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement or one dollar ($1.00), whichever is greater.
Duet Partner has a zero tolerance policy for spam which is defined to mean any email advertising sent in bulk or in violation of any state or federal law. Any Affiliate accused of spamming will be immediately suspended while Music Teacher’s Helper, in their sole discretion, determines if the validity of the spam complaint. Valid spam complaints will result in the immediate termination of your account and forfeiture of any commissions owed you. Transactions may be cancelled, and recipients may be notified, at our discretion.
You will receive commision on each payment made by teachers referred to Music Teacher’s Helper through your affiliate link who signed up for a paying plan, either at first, or as an upgrade. Teachers must signup within 60 days of clicking your link in order for you to receive commission. For these teachers, we will pay you 20% of the teacher’s payment until either the teacher cancels their account, or you cancel yours. Payments will be made in net 60-day terms for the previous month’s earnings. This allows time for any account refunds to be properly reflected. Payments will be made via Paypal, so a valid Paypal email address is required when you sign up.
If a teacher later requests a refund or a chargeback is issued by the credit card holder whose credit card was used to pay for that teacher’s account, any commissions that were credited will be deducted from the next monthly payment.
We will provide You with links, including URL addresses and appropriate graphics with which you may link your Web site to our Web site (https://www.musicteachershelper.com/). If you are an approved Affiliate, we grant you a non-exclusive limited license solely to reproduce and use these Link Materials, including our trademarks to the extent they are incorporated into these Link Materials, only while you are an Affiliate and only in accordance with the terms and conditions of this Agreement.
You agree to display the Link Materials appropriately on your Web site and to respect our trademarks, service marks, and other rights in the Link Materials. You will use only these Link Materials to link your Web site to ours, and You will not alter the look or feel of these Link Materials or of our Web site in any way, without written consent. We reserve all of our rights in the Link Materials, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
Music Teacher’s Helper will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. Music Teacher’s Helper will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by Music Teacher’s Helper to track sales, affiliates hereby acknowledge and accept that the tracking system employed by Music Teacher’s Helper is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons:
Failure by the affiliate to use the proper format of the specially assigned URL in promotions, web page links, banner ads, and so on.
Deliberate or accidental actions by customers to circumvent an affiliate’s special URL so that our software is unable to accurately track that sale.
Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time.
Acts of nature that cause irretrievable data loss on the computers and back-up disk media.
We may terminate this Agreement at any time if we decide, in our sole discretion, that your Web site is not suitable for the Program for any reason, including, but not limited to, the use of unlawful content.
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.