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Tutoring Agreement

Tutoring Agreement

These are STEMPIRE's policies, procedures and guidelines for tutoring with online services.

By reading and signing this document, I hereby agree to abide by the policies, procedures, and guidelines contained in this document and the STEMPIRE membership agreement, including all updates and notifications that are and will be sent by email, included in the STEMPIRE newsletters and/or posted at the STEMPIRE website during the duration of my affiliation with STEMPIRE.

I understand tutoring under STEMPIRE, in either an unpaid or paid capacity, is a volunteer position and am not an employee of the STEMPIRE.

I agree that I have entered into this independent tutoring relationship with STEMPIRE voluntarily and that neither I nor STEMPIRE has agreed to maintain this relationship for any specified period of time. Accordingly, either STEMPIRE, or I can terminate the relationship at will, with or without cause, for any reason, at any time, so long as there is no violation of applicable federal or state law.

Background Checks, Background Check Renewals and Disclosure of Criminal Activity:

As an applicant pursuing a contract to become an Independent Contractor with STEMPIRE, I understand that an initial investigative report will be generated on me that may include but is not limited to information concerning my SSN verification, education verification, and/or criminal/civil/driving record history. I understand that General Information Services, Inc. (“GIS”) and/or other vendors on behalf of STEMPIRE may be requesting background information about me from public and private sources both during STEMPIRE’s initial consideration of my application, and throughout the time I am associated with Tutor.com. I understand and agree that STEMPIRE reserves the right to update and run repeat background checks at any time during my tenure as a tutor for any reason or no reason. I understand and agree that this may include searching a National database that tracks criminal activity.

I understand that I will cover the cost of my initial background check at the time I apply to be a tutor and that it is my responsibility to notify STEMPIRE immediately if I am arrested for any criminal charge from this day forward. Such notification must include a full and complete disclosure including any official supporting documentation.

I understand that I will also cover the cost of any future background checks that it chooses to perform, subject to the following important exception: If STEMPIRE learns about any criminal activity before I disclose, my contract with STEMPIRE will likely be terminated. (Important note: arrest or conviction for many minor offenses will not cause Tutor.com to cancel your contract. Failing to immediately and fully report any such arrest or conviction, however, is nearly certain to lead to termination.)

I understand that if I choose to terminate my contract or voluntarily cease tutoring that it is my responsibility to notify STEMPIRE of my decision because, otherwise, STEMPIRE may continue to run occasional background checks on me.

I understand that when I formally terminate my contract with STEMPIRE, I will be removed from the ongoing criminal searches.

Compensation:

I understand that STEMPIRE does not compensate its tutors for standard services and these tutors may not request or accept payments from students. Tutors who provide premium paid services will receive payment through our system, but may not request or accept payments directly from the students.

Other:

The Company reserves the right, at its sole discretion, to change or modify any of the terms and conditions applicable to my affiliation with the STEMPIRE online tutoring services. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof. I understand that these changes will be binding on me unless I promptly notify STEMPIRE that I do not agree to the changes and am therefore terminating this Agreement.

Specific Restrictions. I agree (a) to abide by all applicable local, state, national, and international laws and regulations in my use of the STEMPIRE web sites and participation in the online tutoring services; (b) to not interfere with any other tutor or student’s use and enjoyment of STEMPIRE’s web sites or programs; (c) to be solely responsible for the contents of my transmissions through the online services; (d) to not interfere with or disrupt the STEMPIRE website or servers or networks connected to the STEMPIRE website; (e) to comply with all requirements, procedures, policies and regulations posted on the STEMPIRE  website by STEMPIRE  from time to time and or any networks connected to the STEMPIRE websites; (f) that my entering into this Agreement and delivering services through STEMPIRE and end users does not and shall not breach any agreement with any third party; (g) to not transmit through STEMPIRE  online tutoring services any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, or otherwise objectionable material of any kind; (h) to not transmit any material that violates the rights (including intellectual property rights) of another; (i) to not transmit any material that violates any applicable local, state, national, or international law or regulation including, without limitation, any U.S. export law or regulation; (j) to not attempt to gain unauthorized access to other computer systems or networks; (k) to not transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email or bulletin board postings; (l) to not advertise other programs or services on the STEMPIRE  site; (m) to not promote any other products or services to students or learners without specific authorization provided in advance by an authorized member of STEMPIRE  management; (n) to not schedule or conduct other tutoring sessions during any hours I am scheduled for STEMPIRE  online services; and (o) to keep my username and password confidential at all times and ensure that no other person ever provides or attempts to provide tutoring using my logon credentials.

Confidential Information. I agree to hold in confidence and keep confidential any and all confidential information that I receive from STEMPIRE , STEMPIRE’s customers (including students, learners, institutions, companies, and other entities). I agree to not disclose any such information to any third party (including other independent contractors) and agree to not use such information for any purpose except to assist the tutoring session. I agree to compensate the STEMPIRE for losses it incurs as a result of my negligent, reckless, or intentional disclosure of Confidential Information. Confidential information in this context includes, but is not limited to, any information, idea or concept, in any form (tangible or intangible), whether disclosed to me or learned by me. For the purpose of this Agreement, confidential information specifically includes: all information concerning students, patrons, learners, employees, and other independent contractors, including but not limited to information concerning their age, sex, sexual orientation, religious affiliation, ethnicity, national origin, ancestry, disability, or other personally identifiable information; all information of a competitively sensitive nature, including trade secrets or confidential or proprietary information of any sort, including, without limitation, information relating to products, processes, know-how, designs, formulas, developmental or experimental work, computer programs, databases, or other original works of authorship, customer lists, business plans, financial information or other subject matter pertaining to any business of the STEMPIRE or any persons or entities with which it does business.

I affirm that I have provided true, accurate, current, and complete information on my application form, along with an accurate representation of my skills, degrees, background and other information, and I agree to maintain and update such information to keep it true, accurate, current, and complete for as long as I continue to be affiliated with the STEMPIRE.

This Agreement will become effective as of the date of the STEMPIRE acceptance of Tutor’s application. Terms of payment are addressed in a separate document. STEMPIRE  has the right to suspend service to any Tutor for any reason without warning. Furthermore, STEMPIRE may terminate this Agreement immediately (with or without warning) for any breach by Tutor of this Agreement or any applicable policy of STEMPIRE posted on the Site, or for no reason at all.

I agree to be bound by the terms of this Agreement effective immediately, regardless of whether the STEMPIRE accepts my application, completes my background check, or offers me tutoring opportunities, and agree that in the event that either I or STEMPIRE terminate this independent contractor relationship, the following provisions will survive indefinitely: Specific Restrictions, and Confidential Information.