Apple Certification Program Agreement

BY CLICKING “I AGREE,” YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE THAT THE FOLLOWING TERMS AND CONDITIONS  GOVERN THE EXAMINATION, CERTIFICATION AND ANY SERVICES UNDER THIS APPLE CERTIFICATION AGREEMENT (“AGREEMENT”).  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK “I AGREE” AND DO NOT TAKE OR ACCESS THE EXAMINATION MATERIALS.  THIS AGREEMENT WILL BE EFFECTIVE WHEN YOU CLICK ON “I AGREE.”
 
This Agreement is entered into between you and Apple, as described below. By agreeing to this Agreement, you acknowledge that you have read and agree to the terms of the Apple Identity Guidelines (the "Apple Identity Guidelines") available at training.apple.com/pdf/Apple_ID_Guidelines_Channel_160816.pdf and the terms and conditions of the applicable Apple Certification Policies (the “Policies”) posted online at www.apple.com/legal/certification (the "Apple Certification Public Web site"), which are incorporated and made a part of this Agreement by reference. If you do not agree to the terms of this Agreement (including the Apple Identity Guidelines and the Policies), do not take the online examination. The terms of this Agreement shall remain in force and apply to any Examination(s) for which you have attained certification.

1.          Definitions.  The following terms shall have these defined meanings for the purposes of this Agreement:
 
a.      Apple Certification Program" shall mean the certification program(s) described in this Agreement.
 
b.     "Apple Certified Individual” shall mean an individual who has satisfactorily passed the required Examination(s), and met all certification requirements set by the applicable Apple Certification Program, maintains the certification by meeting any additional requirements and re-certifications required by the Apple Certification Program, and is entitled to use the Apple Certification Signature(s) in accordance with this Agreement.
 
c.      “Apple Certification Signature" ("Signature") shall mean any of the certifications established by Apple under the Apple Certification Program that you may become authorized to use by passing one or more Apple Certified Professional Examinations and complying with the requirements of the Apple Certification Program. Apple Certification Signatures include (but are not limited to):  Apple Certified Associate, Apple Certified Pro, Apple Certified Trainer, Apple Certified Support Professional, Apple Certified Technical Coordinator, Apple Certified System Administrator, Apple Certified Specialist - Deployment, Apple Certified Specialist - Directory Services, Apple Certified Specialist - Security and Mobility, Apple Certified Xsan Administrator, Apple Certified Media Administrator and Apple Certified Macintosh Technician. Apple may add additional Apple Certification Signatures to the Apple Certification Program from time to time at its discretion.
 
d.     "Apple Certification Examination" ("Apple Certification Exam" or "Exam") shall mean any examination established by Apple that Apple Certification Program candidates or Apple Certification Individuals must satisfactorily pass to attain or maintain certification respectively through the Apple Certification Program.
 
e.      "Certification" shall mean passing the requisite Apple Certification Exam(s), and meeting and maintaining compliance with those other requirements set out in this Agreement for entitlement to use any Apple Certification Signature.
 
f.       “Confidential Information” shall mean any information that relates to Apple’s Certification examinations and any communications by Apple that include information which has not been made available to the general public (including the language and content of exam questions and answers) disclosed to you by Apple.  Confidential Information, however, does not include information that: (a) is now or subsequently becomes generally available to the public through no fault or breach on the part of you; (b) you can demonstrate to have had rightfully in your possession prior to disclosure to you by Apple; (c) is independently developed by you without the use of any Confidential Information; or (d) you rightfully obtained from a third party who has the right to transfer or disclose it to you without limitation.
 
g.     "Apple Certification Logos" ("Logos") shall mean the logos used to identify the Apple Certification Program, the terms for use of which are set out in the Apple Identity Guidelines located on the Apple Certification Public Web site, and for which artwork is available online at training.apple.com/acrs ("the Apple Certification Secure Web site"). Apple may alter or add additional Apple Certification Logos, or revise the Apple Identity Guidelines and respective artwork from time to time at its sole discretion, by posting the most current version on the respective website.
 
2.         Purpose. Subject to the terms of this Agreement (including the Apple Identity Guidelines and the Policies), individuals who successfully meet certification requirements are entitled to become Apple Certified Individuals and to use the Apple Certification Signatures and Apple Certification Logos corresponding to the certifications they attain. 
 
3.         Certification.
 
a.      Certifications. Upon completion of the requirements and satisfactorily passing of the applicable Exam(s), you are eligible for certification by Apple.  Certification requirements are described in the Policies available on the Apple Certification Public Web site. 
 
b.     Continuing Certifications. Certifications may require additional actions to maintain compliance with continuing certification requirements as specified by Apple.  You must meet all continuing certification requirements to maintain these Certifications.  Apple may, from time to time and in its sole discretion, change or modify certification requirements (both initial and continuing), Signatures, or Apple Certification Logos.  Apple will use commercially reasonable efforts to notify you by email to the email address provided to Apple of any changes to the certification requirements for any certifications you currently hold.   You must comply with the changed requirements within the period of time set forth in the applicable Policies to stay in compliance with any modified compliance requirements.   Any failure to comply with all applicable continuing certification requirements or changed continuing certification requirements will result in termination of this Agreement pursuant to Section 10.
 
4.         Your Representations.  You warrant and represent to Apple that all services you provide and all business you conduct as an Apple Certified Individual shall;  (i) not harm the reputation of Apple or its products; (ii) not employ deceptive, misleading, or unethical practices; (iii) not make any representations, warranties, or guarantees to customers on behalf of Apple; (iv) comply with all applicable federal and local laws and regulations (including, but not limited to laws regulating your professional status and licensing requirements and U.S. export regulations) and all other applicable governmental laws, statutes and regulations; (v) comply with all  intellectual property and proprietary rights protections for Apple software, development tools, and other products; and (vi) not disassemble, decompile, reverse engineer, or otherwise reduce or seek to derive the object code for Apple software and/or tools to a human readable (source code) form.
 
5.         Authorization to use Certification Signatures and Logos.  Upon meeting the requirements for initial certification, and continuing so long as you meet and comply with all applicable continuing certification requirements, Apple authorizes you to use the Apple Certification Signature(s) for which you have been certified and to use any corresponding Apple Certification Logo according to the terms and conditions of the Apple Certification Apple Identity Guidelines and this Agreement. All rights not expressly granted herein are reserved by Apple. You acknowledge Apple has sole ownership of the Apple Certification Logos and Signatures, and that nothing in this Agreement, in your performance as an Apple Certified Individual, or that might otherwise be implied by law, shall give you any right, title, or interest in the Apple Certification Signatures, or Logos, other than the authorization specifically granted herein. You may not use or reproduce the Logos in any manner whatsoever other than as described herein or in the Apple Identity Guidelines. You shall not use the Apple Certification Logos, and Signatures in a manner that derogates from the rights of Apple in the Apple Certification Logos and Signatures, and shall not take any action that may interfere with or diminish the rights of Apple in the Apple Certification Logos, or Signatures during the term of this Agreement or after its termination or expiration.  Nothing in this Agreement shall authorize you to use any Apple trademarks, service marks, or logos except as expressly specified in this Agreement and all other terms and policies referenced herein.
 
6.         Disclaimer of Warranty.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, APPLE SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES RELATING TO THE CERTIFICATION EXAM, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. 
 
7.         Limitation of Liability.  TO THE EXTENT PERMITTED BY LAW, APPLE’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY YOU FOR THE CERTIFICATION EXAM.  IN NO EVENT SHALL APPLE OR ANY AFFILIATE OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, CORRUPTION OF, OR COMPROMISE OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE CAUSED, ARISING FROM OR RELATED TO YOUR CERTIFICATION, FAILURE TO ACHIEVE CERTIFICATION, OR USE OF OR INABILITY TO USE THE APPLE CERTIFICATION LOGOS, OR SIGNATURES, OR ARISING FROM OR RELATED TO THE TERMINATION OR REVOCATION OF YOUR CERTIFICATION, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN YOUR COUNTRY OF PURCHASE, OR IF DIFFERENT, YOUR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.  SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.
 
8.         Indemnification. You agree that Apple shall have no liability to you or any of your employees, agents, clients or customers and that you shall defend, indemnify, and hold Apple, its affiliates, subsidiary corporations and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all actions, demands, claims, and/or liabilities (including, but not limited to, personal injury or product liability claims) arising out of: (i) your use of the Apple Certification Logos and the Apple Certification Signatures in a manner which is in any way inconsistent with the terms of this Agreement; or, (ii) the performance, promotion, sale, or distribution of your services as a Apple Certified Individual; or (iii) the termination of this Agreement by Apple, pursuant to the terms herein. Some jurisdictions do not allow limitations of liability in certain circumstances (for instance, in the event of death, personal injuries, gross negligence or willful misconduct) so the foregoing indemnity may not apply to you.  In the event Apple seeks indemnification from you under this provision, Apple will promptly notify you in writing of the claim(s) brought against Apple for which it seeks indemnification. Apple reserves the right, at its option and sole discretion, to assume full control of the defense of such claim with legal counsel of its choice. You may not enter into any third party agreement which would, in any manner whatsoever, affect the rights of, or bind Apple in any manner, without the prior written consent of Apple. In the event Apple assumes control of the defense of such claim, Apple shall not settle any such claim requiring payment from you without your prior written approval.  Upon Apple’s request, you shall reimburse Apple for any expenses reasonably incurred by Apple in defending such a claim, including, without limitation, attorney's fees and costs, as well as any judgment on or settlement of the claim in respect to which the foregoing relates.
 
9.         Confidentiality.  Anyone obtaining access to Apple Certification Exams or Confidential Information is obligated to maintain the confidentiality of this information. If an individual is caught violating the terms of this provision will be permanently ineligible for any Apple Certification and shall be decertified from the Apple Certification program and all current certifications associated with it.  You agree to protect Apple’s Confidential Information, using at least the same degree of care that you use to protect your own confidential and proprietary information of similar importance, but no less than a reasonable degree of care.  Recipient agrees to use Apple’s Confidential Information for the sole purpose of evaluation in connection with purpose of this Agreement.   You will not disclose, publish, or disseminate Confidential Information.  You may disclose Confidential Information to the extent required by law, provided you make reasonable efforts to give Apple notice of such requirement prior to any such disclosure and take reasonable steps to obtain protective treatment of the Confidential Information.  Except as expressly set forth herein, no license or other rights to Confidential Information are granted or implied hereby and Apple retains all of its rights therein.  Notwithstanding any other provision in this Agreement, if you provide any ideas, suggestions or recommendations to Apple regarding Apple’s Confidential Information (“Feedback”), Apple is free to use and incorporate such Feedback in Apple’s products, without payment of royalties or other consideration to you, so long as Apple does not infringe on your patents, copyrights or trademark rights in the Feedback.  Nothing in this Agreement is intended to grant a license or waive any rights in either party’s patents, copyrights or trademarks.
 
10.       Term and Termination.  Either party may terminate this Agreement at any time, with or without cause, by giving thirty (30) calendar days' prior written notice to the other party.  Apple may terminate this Agreement immediately, including termination and revocation of any Certifications and Apple Certification Signatures to which this Agreement relates, and termination of your use of the corresponding Apple Certification Logos, upon the occurrence of any one of the following events (each a “Cause”):  (i) you fail to comply with any of the terms of this Agreement, including, without limitation, the terms governing the use of the Apple Certification Signatures and Logos; (ii) you misappropriate or disclose any trade secret or Confidential Information of Apple (including, but not limited to, any Apple Certification Exams or Confidential Information with respect to which you are under obligation of confidentiality), or otherwise infringe any other intellectual property right of Apple, or engage in any other activities prohibited by law; (iii) you fail to comply with the applicable continuing certification requirements for the relevant certification; or (iv) a government agency, regulatory agency or court finds that services you provided concerning the Apple products to which your certification relates are defective in any way. In the event any of the above occurs, Apple may provide you with written notice of termination of this Agreement.  Immediately upon termination of this Agreement, you shall immediately cease all use of any Apple Certification Signature and Logo corresponding to the Certification to which this Agreement relates.  Apple’s termination under this section shall not prejudice any rights Apple may have under this Agreement or in law, equity or otherwise.  Sections 6, 7, 8, 9 and 14 shall survive termination of the Terms and Conditions for any reason.
 
11.       Relationship of the Parties.  You acknowledge that nothing in this Agreement shall be construed as creating a partnership, joint venture or agency relationship between you and Apple or as granting a franchise. You shall not advertise, promote, or suggest in any manner that the services being provided to customers in connection with the Apple Certification Logos and Signatures are provided by, sponsored by, or associated in any way with Apple, or that you are employed by, affiliated with, or sponsored by Apple, except to state that you have successfully completed all requirements for your particular certification(s), including having successfully passed any applicable Apple Certification Exam(s) and any continuing certification requirements for a particular version(s) of Apple products. During the term of this Agreement, you shall insert the following language in each contract pursuant to which you will provide services involving Apple products: "Apple is not a party to this Agreement, and shall have no liability whatsoever with respect to any of the services that are the subject of this contract. Each applicable Apple Certification Signature indicates that I have successfully completed the corresponding Apple Certification requirements, which reflect commensurate skills required to implement, support, and maintain solutions with relevant Apple products. The services I provide under this contract are not provided, licensed, warrantied or sponsored by Apple."
 
12.       Apple; Governing Law.  “Apple” is identified in the table below according to your country of residence.  IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE COUNTRY IN WHICH THE EXAMINATION TAKEN OR, IF DIFFERENT, THE COUNTRY OF RESIDENCE, AND THE COURTS OF THE RESPECTIVE COUNTRIES WILL HAVE JURISDICTION OVER THE MATTER.
 
13.       Data Protection. You agree and understand that it is necessary for Apple to collect, process and use your data in order to process Certifications and Exam scores and confirm compliance with Apple’s policies and applicable laws.  As part of certain Apple Certification Programs, Apple may, from time to time, pass your details to its customers or partners who may with to contact you about products or for your advice or assistance.  Except for the foregoing, Apple will protect your information in accordance with the Apple Privacy Policy (www.apple.com/privacy). If you wish to have access to the information that Apple holds concerning you or if you want to make changes, you may access URL www.apple.com/contact/myinfo to update your personal contact preferences and refer to the relevant Apple Certification Policies for information on how to update your information for the applicable Apple Certification Program.
 
14.       General.  You may not assign your rights or obligations under these Terms and Conditions.  Any unauthorized assignment will be void.  Apple will not be liable for performance or delays beyond its reasonable control.  A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default.  If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and the economic effect of the Terms and Conditions.  These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between Apple and you with regard to Apple Certification and supersede all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon Apple unless made in writing and signed by an authorized representative of Apple.  Any term or condition on any other document submitted by you shall be of no force or effect whatsoever, and is specifically rejected.  Apple reserves the right to change this Agreement at any time and without notice.  Notices of changes to the Agreement will be given by Apple posting the changes on the Apple Certification Public Web site and will be deemed given when posted.  You will have a commercially reasonable time to implement such changes by Apple, not to exceed thirty (30) days.
 
COUNTRY VARIATIONS
 
“Apple” shall mean entity listed in the table below, based upon your country of purchase or residence.  The following country variations will control if inconsistent with any other provision of these Terms and Conditions: