Before ICCKE grants you the certification under any of its certification programs, you must agree and communicate to ICCKE that the you agree to the terms and conditions of the following ICCKE Certification Agreement (“Agreement”).

1. PURPOSE:
   International Consortium of Certified Knowledge Experts (“ICCKE”) is in the business of, among other things, certification of individuals in the knowledge domains. ICCKE has established a formally documented certification program under which individuals may take examinations to demonstrate competence in a knowledge domain. This program includes all ICCKE certified certification credentials. Upon completing the exam successfully you will be authorized to use the ICCKE Logos of the certification credential you have successfully completed. You may obtain one or more of ICCKE certification credentials. Obtaining one certification credential does not entitle you to use the logos pertaining to any other certification credential. This Agreement governs the standards for and use of all ICCKE certifications made available by ICCKE to you.
2. DEFINITIONS
   • “Agreement” means the terms of this ICCKE Certification Agreement.
   • “Marks” means the ICCKE service marks and logos specific to the certification credential.
   • "Certification Designation" shall mean the specific certification designation granted upon successful completion of and compliance with the Certification Requirements as specified in this Agreement.
   • "Certification Examination" means the corresponding certification exam.
   • "Certification Requirements" means all those requirements specified for the corresponding certification credential.
   • "Logo" shall mean the specific certification logo designated for the certification credential
   • “Program” means certification program offered to the candidates/applicants by ICCKE
3. CERTIFICATION
   Certification Requirements: To use a Certification Designation, You must:
   • pay the applicable exam fees
   • accept all terms and conditions of the certification agreement.
   • follow the logo guidelines prescribed for the certification credential.
   • pass all required exams and complete any other course requirements specified for the certification program
   • meet all of the continuing certification requirements of the certification program
   Modification to Certification Requirements or the Certification Program: ICCKE reserves the right to change the certification program, without cause or notice, including but not limited to changing certification requirements; specifying an expiration of any certification designation; and changing test objectives, test content, test passing score, test item type, time allowed for test, and test delivery platform for any certification exam. Furthermore, ICCKE may, without cause or notice, require you to update your certification designation by requesting you to re-take applicable certification exams and/or execute a new version of this agreement with ICCKE. The most current certification requirements for your applicable certification designation are found on the ICCKE Website.

   Certification Title Grant: Upon successful completion of all applicable certification requirements, receipt of certification kit by you, and subject to the terms of this agreement, ICCKE grants you a nonexclusive, non-transferable, non-assignable, non-sub licensable, personal, revocable right to designate yourself with the applicable certification designation. You may use that certification designation only to promote your expertise in the particular knowledge domain and for no other purpose.

   Logo Rights and Restrictions: Upon your successful completion of all applicable certification requirements, your receipt of your certification kit, and subject to the terms of this agreement, ICCKE grants you a non-exclusive, non-transferable, personal right to use the ICCKE certified logo on your resume, business cards, marketing collateral, letterhead and website solely in connection with expertise in the particular knowledge domain for which you have a current and valid certification designation. You are granted no other right, title, or license to the logo or any other ICCKE trademarks or logos.

   Your use of the logo is subject to the terms and conditions of this agreement and ICCKE’ logo usage guidelines posted at ICCKE Website, which are subject to change at ICCKE’s discretion. You agree not to use the logo in any manner that would diminish, tarnish or otherwise damage ICCKE’s image or reputation, or the goodwill associated with the logo. Upon request, you agree promptly to provide ICCKE at your expense samples of any materials bearing the logo. You agree not to file any application to register any trademark, service mark, or domain name for the logo or any other mark confusingly similar to the logo, and not to use ICCKE trademarks or potentially confusing variation of ICCKE trademarks as part of your company name, product or service names, or domain names. You agree that the logo is owned solely and exclusively by ICCKE. You will not, at any time during term or after the termination of this agreement, register or attempt to register the logo (or any mark confusingly similar thereto), or claim any interest in, contest the use of, or otherwise adversely affect the validity of the logo anywhere in the world. You agree not to interfere with or bring any kind of action or legal or administrative proceeding in relation to the rights and title of ICCKE in or to the logo or any other ICCKE trademarks or logos.

   Employer Notification: You may retain your certification status if you leave your employment and/or begin working with a new organization. You may not transfer your certification.
4. CONFIDENTIALITY AND INTELLECTUAL PROPERTY OWNERSHIP
   Confidentiality: You agree that the contents of the examination are confidential and that the disclosure or illegal access of that information could compromise the integrity of the certification program and of certifications. ICCKE makes examinations available to you solely to test your knowledge and expertise of the examination subject matter for which you seek certification. You are expressly prohibited from disclosing, publishing, reproducing, transmitting, or accessing any examination and any related information including, without limitation, questions, answers, worksheets, computations, drawings, diagrams, length or number of examination segments or questions, or any communication, including oral communication regarding or related to the exam (known collectively as “Proprietary Information”), in whole or in part, in any form or by any means, oral or written, electronic or mechanical, for any purpose, without the prior express written permission of ICCKE. The access and use of “brain dumps” for the purpose use of increasing a candidate’s score is prohibited. The methods used by ICCKE, to determine with the help of Prometric if “brain dumps” are being used by candidates are not published or released.

   Intellectual Property Ownership: ICCKE retains all rights, title and interest in and to all certification program and related information, content, data, examinations, materials, and all copyrights, patent rights, trademark rights and other proprietary rights therein. All rights not expressly granted to you by ICCKE are expressly reserved to ICCKE.

5. GRANT AND CONSIDERATION
   Subject to the terms and conditions of this Agreement, ICCKE grants you a non-exclusive and non-transferable license to use the MARKS solely in connection with the certification you have achieved. You may use the MARKS on such promotional display and advertising material. You may not use the MARKS for any purposes that are not directly related to the provision of such LICENSED SERVICES. You may not use the MARKS of any Program unless you have completed the Certification Program requirements, and have been notified by ICCKE in writing that you have achieved certification status for that particular Certification Program.
6. PRIVACY
   For purposes of participating in the certification program, you hereby agree to provide ICCKE and its test delivery partner (Prometric), your contact, demographic, and other personal information ("Personal Information"). You agree to the transmission and use of the above mentioned personal information as set forth herein:
   • ICCKE test delivery partner (Prometric) gathers your personal information, during the registration and examination process. Test delivery partner transmits your personal information electronically to its central certification database, which may be located in another country. The test delivery partner will also transmit your personal information electronically to ICCKE.
   • Employees of ICCKE located worldwide, the test delivery partners, have controlled access to your personal information.
   • Your personal information will be used by ICCKE to process your certification; the information may also be used by ICCKE and other companies with which ICCKE has a business relationship for testing and certification for subsequent marketing communications.
7. TERM AND TERMINATION

   Term: This agreement will commence immediately upon your acceptance of the terms and conditions of this agreement prior to taking a certification examination. This agreement will remain in effect so long as you are using or claiming any rights associated with ICCKE certification. If you upgrade your status to include any other certifications the provisions of this agreement specific to those new certification(s) will also apply to you.

   Termination by Either Party: Either party may terminate this agreement without cause by giving 30 days or more prior written notice to the other party.

   Default: Without prejudice to any rights it may have under this agreement or in law, equity, or otherwise, ICCKE may terminate this agreement upon the occurrence of any one or more of the following events (called "Default”):
   • If you fail to perform any of your obligations under this agreement
   • If any government agency or court finds that SERVICES as provided by you are defective or improper in any manner or form
   • If actual or potential adverse publicity or other information, emanating from a third party or parties, about you, the services provided by you, or the use of the marks by you causes ICCKE, in its sole judgment, to believe that it will adversely effect ICCKE’s reputation.
   • In the event of a default, ICCKE will send you a written notice of termination of this agreement.
   Effect of Termination: Upon termination of this agreement for any reason. You must immediately cease all display, advertising, and other use of the MARKS and cease all representations of current certification. Upon termination, all rights granted to you under this agreement will immediately and automatically revert to ICCKE.
8. CONDUCT OF BUSINESS
   You will
   • exercise your best independent business judgment in rendering services to your customers;
   • avoid deceptive, misleading, or unethical practices which are or might be detrimental to ICCKE; and
   • refrain from making any representations, warranties, or guarantees to customers on behalf of ICCKE, without limiting the above. You also agree not to misrepresent your certification status or your level of skill and knowledge related thereto to customers and public in general.
9. RESERVATION OF RIGHTS AND GOODWILL
   ICCKE retains all rights not expressly conveyed to you in this agreement. You recognize the value of the publicity and goodwill associated with the MARKS and you also acknowledge that the goodwill will exclusively inure to the benefit of, and belong to ICCKE. You have no rights of any kind whatsoever with respect to the MARKS licensed under this agreement except to the extent of the license granted in this agreement.
10. NO REGISTRATION BY YOU
    You agree not to file any new trademark, collective mark, service mark, certification mark, and/or trade name application(s), in any class and in any country, for any trademark, collective mark, service mark, certification mark, and/or trade name that, in ICCKE’s opinion, is the same as, similar to, or that contains, in whole or in part, any or all of ICCKE’s trade names, trademarks, collective marks, service marks, and/or certification marks, including, without limitation, the MARKS licensed under this agreement. You also agree not to register or use as your own any internet domain name which contains ICCKE's MARKS or other trademarks in whole or in part or any other name which is confusingly similar thereto. This section will survive the expiration or other termination of this agreement.
11. PROTECTION OF RIGHTS
    You agree to assist ICCKE, to the extent reasonably necessary and at ICCKE's expense, to protect or to obtain protection for any of ICCKE's rights to the MARKS. In addition, if ICCKE requests you discontinue the use the MARKS and/or substitute using a new or different mark, you will immediately cease use of the MARKS and cooperate fully with ICCKE to ensure all legal obligations have been met with regards to use of the MARKS.
12. INDEMNIFICATION
    You agree to indemnify and hold ICCKE harmless against any loss, liability, damage, cost or expense (including reasonable legal fees) arising out of any claims or suits made against ICCKE
    • by reason of your performance or non-performance under this agreement;
    • arising out of your use of the Marks in any manner whatsoever except in the form expressly licensed under this agreement; and/or
    • for any personal injury, product liability, or other claim arising from the promotion and/or provision of any products or services by you. In any event, you may not enter into any third party agreements which would in any manner whatsoever affect the rights of, or bind, ICCKE in any manner, without the prior written consent of ICCKE. This Section shall survive termination or expiration of this agreement and all ICCKE certification programs for any reason.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES
    ICCKE makes, and you receive, no warranties or conditions of any kind, express, implied or statutory, related to or arising in any way out of any certification examination, any ICCKE certification program, or this agreement. ICCKE specifically disclaims any implied warranty of merchantability, fitness for a particular purpose and non-infringement of any third party rights. In no event shall ICCKE be liable for indirect, consequential, or incidental damages (including damages for loss of profits, revenue, data, or use) arising out of this agreement, any ICCKE certification program, or incurred by any party, whether in an action in contract or tort, even if ICCKE has been advised of the possibility of such damages. ICCKE’s liability for damages relating to any certification examination, any ICCKE certification program, or this agreement shall in no event exceed the amount of application fees/examination fees actually paid to ICCKE by you. Some jurisdictions do not allow limitations of the liability so certain of these limitations may not apply; however, they apply to the greatest extent permitted by law. You acknowledge and agree that ICCKE has made no representation, warranty, or guarantee as to the benefits, if any, to be received by you from third parties as a result of receiving certification. This section shall survive termination or expiration of this agreement and all ICCKE certification programs for any reason.
14. REVISION OF TERMS
    ICCKE reserves the right to revise the terms of this agreement from time to time. All examination fees are non-refundable. In the event of a revision, your signing or otherwise manifesting assent to a new agreement may be a condition of continued certification.
15. GENERAL PROVISIONS
    This agreement shall be governed by laws of State of New York, excluding choice of law provisions. Each of the parties irrevocably consents to the exclusive jurisdiction of the federal and state courts located in state of New York, USA as applicable, for any matter arising out of or relating to this agreement. Failure to require compliance with a part of this agreement is not a waiver of that part. If a court of competent jurisdiction finds any part of this Agreement unenforceable, that part is excluded, but the rest of this Agreement remains in full force and effect. Any attempt by you to transfer or assign this agreement or any rights hereunder is void. You agree to ensure that ICCKE has your current mailing address and email address and will promptly notify ICCKE of any changes to such information. You acknowledge and agree that you and ICCKE are independent contractors and that you will not represent yourself as an agent or legal representative of ICCKE. This agreement and all documents incorporated herein by reference are the parties’ complete and exclusive statement relating to their subject matter. This agreement will not be supplemented or modified by any course of dealing or usage of trade. Any modifications to this agreement must be in writing and signed by both parties. You agree to comply, at your own expense, with all statutes, regulations, rules, ordinances, and orders of any governmental body, department, or agency which apply to or result from your rights and obligations under this agreement.