BY USING THE GCPE CERTIFICATION AND/OR GCPE LOGO YOU (THE “CANDIDATE”) ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS GCPE CANDIDATE CERTIFICATION AGREEMENT (THE “AGREEMENT”). IF CANDIDATE DOES NOT AGREE TO THE TERMS AND CONDITIONS, THE CANDIDATE CANNOT USE THE GCPE DESIGNATION IN ANY MATERIAL FORM.
International Institute of Event Management ("IIEM") and Candidate hereby agree that the terms and conditions of the Agreement shall govern Candidate’s usage of the GCPE Certification in any material form.
DEFINITIONS
“GCPE” shall mean Global Certification in Professional Events
"Certification" shall mean the certification granted by IIEM to the Candidate upon successful completion of the requisites and upon Candidate’s compliance with the Certification Agreement.
"Requisites" shall mean the specific set of requirements set by the IIEM and is deemed to be satisfied when the candidate is granted a Certificate at the completion of an IIEM Certificate Course.
"Certification Program Website" shall mean the Certification program website located at http://www.institute-of-event-management.com on which additional specific requirements as regards the requisites are set out.
"Certification Requirements" shall mean those requirements specified or referenced in this Agreement and on the Certification Program Website that the Candidate must meet in order to use and maintain the Certification and the Logo.
"GCPE Logo" shall mean GCPE Global Certification in Professional Events Logo, specifically designated by IIEM for the Certification.
CERTIFICATION
Certification Requirements. In order to use a Certification, the Candidate must:
-
pay all applicable fees;
-
accept the terms and conditions of this Agreement before completing the requisites;
-
satisfy the Requisites and complete any course requirements and any additional requirements specified on the Certification Program Website.
Modification to Certification. IIEM reserves the right to change, modify and/or revoke the Certification, GCPE Logo and Terminology, without cause or notice, at the sole discretion of IIEM.
Modification to Certification Requirements. IIEM reserves the right to change the Certification Requirements, without cause or notice, including but not limited to specifying an expiration of the Certification, changing recommended and/or required preparations and changing test objectives, test content, test passing score, test item type, time allowed for test, and test delivery platform for the Certification. Furthermore, IIEM may, without cause or notice, require the Candidate to update his or her Certification by requesting the Candidate execute a new version of this Agreement with IIEM. The most current Certification Requirements for GCPE certification program may be found on the Certification Program Website.
Certification. Upon completion of the applicable Certification Requirements, the Candidate’s receipt of the Certification, and subject to the terms of this Agreement, IIEM grants Candidate a non-exclusive, non-transferable, not assignable or sub-licensable, personal, revocable right to designate the Candidate with the applicable Certification. The Candidate may use the Certification only to promote his or her qualifications related to managing Business and Social Events and for no other purpose.
GCPE Logo Rights and Restrictions. Upon completion of the applicable Certification Requirements and the Candidate’s receipt of the Certification, and subject to the terms of this Agreement, IIEM grants the Candidate a non-exclusive, non-transferable, personal right to use the GCPE Logo on Candidate’s resume, business cards, marketing collateral, letterhead and website solely in connection with the Candidate’s provision of services in relation to IIEM.
The Candidate’s use of the GCPE Logo is subject to the terms and conditions of this Agreement and GCPE Logo usage guidelines at the Certification Program Website which are subject to change at IIEM’s discretion. The Candidate agrees not to use the GCPE Logo in any manner that would diminish, tarnish or otherwise damage IIEM’s image or reputation, or the goodwill associated with the GCPE Logo. Usage of the GCPE Logo on any approved website must hyper-link the GCPE Logo to http://www.institute-of-event-management.com, such that clicking on the logo will direct the user to http://www.institute-of-event-management.com. Upon request, the Candidate agrees to promptly provide IIEM at the Candidate’s expense, samples of any materials bearing the GCPE Logo. The Candidate agrees not to file any application to register any trademark, service mark, or domain name for the GCPE Logo or any other mark confusingly similar to the GCPE Logo, and not to use IIEM trademarks or potentially confusing variation of IIEM trademarks as part of the Candidate’s company name, product or service names, or domain names.
The Candidate agrees that the GCPE Logo is owned solely and exclusively by IIEM. The Candidate will not, at any time during term or after the termination of this Agreement, register or attempt to register the GCPE Logo (or any mark confusingly similar thereto), or claim any interest in, contest the use of, or otherwise adversely affect the validity of the GCPE Logo anywhere in the world. The Candidate agrees not to interfere with or bring any kind of action or legal or administrative proceeding in relation to the rights and title of IIEM in or to the GCPE Logo or any other IIEM trademarks or logos.
Term. This Agreement shall be effective as from Candidate’s acceptance and shall remain in force until it is terminated by either IIEM or Candidate in accordance with the provisions listed below.
Termination. Candidate may terminate this Agreement at any time upon written notice to IIEM. Further, IIEM reserves the right to terminate this Agreement at any time without cause and revoke Candidate’s Certification by written notice to the Candidate (sent to the Candidate’s last known mailing or email address). Upon termination of this Agreement and after the expiration of the Certification, all rights related to the Candidate’s Certification, including all rights to use the Certification and the GCPE Logo, will immediately terminate. Except as provided herein, Candidate shall have no further rights or obligations under this Agreement after termination.
COMPLIANCE WITH REGULATIONS
Candidate agrees to comply with all regulations required by IIEM including, without limitation, the policies listed below.
No Cheating. Candidate agrees that all work submitted by Candidate is in satisfaction of the Certification Requirements, including answers, assignments, resolutions and personal registration information are entirely Candidate’s own. Candidate will neither: (i) provide nor accept improper assistance; nor (ii) use unauthorized materials in attempting to satisfy Certification Requirements.
No Misconduct. Candidate agrees not to (i) falsify his or her identity or impersonate another individual; (ii) forge the Certification, score reports, identification cards or any other records; (iii) engage in fraudulent conduct or misrepresent him or herself as Certified when he or she has not successfully met the applicable Certification Requirements; (iv) misuse or disclose username and/or password or any other Certification identities; and/or (v) engage in any other misconduct that could be considered by IIEM, in its sole discretion, as compromising the integrity, security or confidentiality of the Certification.
No Disclosure. Candidate understands and agrees that the Requisites are IIEM confidential and proprietary information. Candidate agrees to maintain confidentiality and not disclose, whether verbally, in writing or in any media, the contents of the Requisites or any part of the Certification. Further, Candidate agrees not to request any other individual to disclose the Requisites or any part thereof to the Candidate.
No Misuse. Candidate agrees not to copy, publish, offer to sell, sell, publicly perform or display, distribute in any way or otherwise transfer, modify, make derivative works thereof, reverse engineer, decompile, disassemble or translate or part thereof.
IIEM ACTION FOR NON-COMPLIANCE
Candidate understands and agrees that, if for any reason and at its sole discretion, IIEM believes Candidate’s Requisites do not accurately reflect Candidate’s true knowledge or mastery of the subject matter, IIEM has the right to cancel the Candidate’s Certified status and any other rights previously conferred on the Candidate by IIEM, and to permanently bar Candidate from any further participation in AIIEM’s Certification.
REPRESENTATIONS AND WARRANTIES
By the Candidate. Candidate represents and warrants that: (i) Candidate will refrain from any conduct that may harm the goodwill and reputation of IIEM or its products and (ii) Candidate shall not make any representation, warranty or promise on behalf of or binding upon IIEM.
Disclaimer. IIEM makes and Candidate receives no warranties of any kind, express, implied or statutory, related to or arising in any way out of this Agreement. IIEM specifically disclaims any implied warranty for merchantability, fitness for a particular purpose and non-infringement of any third party rights.
PRIVACY
IIEM will treat the personal information the Candidate provides in accordance with the IIEM privacy policy, located at the Certification Program Website.
INDEMNIFICATION
Candidate agrees to indemnify, defend and hold IIEM harmless against any losses, liabilities, damages, claims and expenses (including attorneys' fees and court costs) arising out of any claims or suits, whatever their nature and however arising, in whole or in part, which may be brought or made against IIEM, or its affiliates, officers, employees or assigns, in connection with: (i) any personal injury, property damage or other claims which are caused, directly or indirectly by any negligent act, omission, illegal or willful misconduct by the Candidate, (ii) Candidate’s use or misuse of the Certification and/or the GCPE Logo; (iv) Candidate’s use or misuse of IIEM’s confidential information; and/or (v) Candidate’s breach of any obligations or warranties under this Agreement.
LIMITATION OF LIABILITY
Liability. Candidate acknowledges and agrees that IIEM shall have no liability to the Candidate for any claim in any way related to the Certification, including but not limited to registration, the testing environment, delivery of the Certification, any associated fees, and the accuracy, timeliness or reporting of any results.
Damages. IIEM shall not be liable for any indirect, incidental, special, punitive, or consequential damages or any loss of profits, revenue, or data. IIEM’s liability for direct damages, whether in contract, tort or otherwise, shall be limited to fifty percent of the total amount paid to IIEM under this Agreement.
CONFIDENTIALITY UNDERTAKING
By accepting this Agreement, Candidate agrees to the terms and conditions below with regard to the Certification. This Certification (including but without limitation, questions, answers, worksheets, computations, drawings, diagrams, length and number of exam segments and/or questions, or any communication related to the Certification) is the confidential property of IIEM (“Confidential Information”) and is made available to Candidate for the sole purpose of achievement of the Certification.
Candidate agrees (i) to hold Confidential Information in confidence and take all reasonable precautions to protect it, (ii) not to, directly or indirectly, use Confidential Information at any time during the certification procedure and thereafter, and (iii) not to, directly or indirectly, disclose, publish, reproduce or transmit any Confidential Information completely or in part to any third party, in any form, including but not limited to verbal, written, electronic or any other means for any purpose without the prior express written permission of IIEM.
IIEM retains all rights, title and interest in and to all information, content and data contained in the Exam and all copyrights, patent rights, trademark rights and other proprietary rights thereto provided by IIEM under the certification procedure and Exam.
GENERAL
Governing Law. This Agreement is governed by the laws of the State of California, USA.
Severability and Waiver. The waiver by either IIEM or Candidate of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, then the other provisions of this Agreement shall continue in full force and effect. Except for actions for nonpayment or breach of IIEM’s intellectual property or other proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either party more than two years after the cause of action has accrued.
No Assignment. Candidate may not assign his or her rights and/or obligations, in whole or in part, under this Agreement to any third party. Any such attempted assignment shall be null and void.
Survival. Provisions that survive termination or expiration of this Agreement include those pertaining to limitation of liability, indemnification, nondisclosure, and others which by their nature are intended to survive.
Entire Agreement. This Agreement constitutes the complete agreement between IIEM and Candidate, and supersedes all prior agreements or representations, written or oral, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except in writing signed by IIEM and Candidate.
Upon any breach by the Candidate of the confidentiality undertaking in the Candidate Certification Agreement, IIEM may automatically and without notice withdraw Candidate's Certification. Further, IIEM is entitled to pursuing any other available remedy for unauthorized disclosure or for breach of the confidentiality undertaking in said Agreement.