For purposes of this Agreement, the terms defined in this Section shall have the meanings set forth below:
1.1. "Candidate Information" shall mean all information related to you collected by CompTIA or any CompTIA Agent, including, without limitation, registration information, examination results and scores, and all other information you submit for purposes of participating in any CompTIA Program.
1.2. "CompTIA Agents" shall mean all testing facilities, vendors and other service providers authorized by and under contract with CompTIA to provide certain services related to any CompTIA Program.
1.3. "CompTIA certification" shall mean achievement of certification status for a particular CompTIA Program in accordance with CompTIA requirements and acceptance of the terms of this Agreement.
1.4. "CompTIA Program" shall mean one of the certification programs offered by CompTIA.
1.5. "Examination Materials" shall mean CompTIA certification examination(s) and any questions, instructions, responses, answers, worksheets, drawings, or diagrams related to such examination(s) and any accompanying materials.
1.6. "Marks" shall mean any and all CompTIA titles, trademarks, service marks and/or logos which CompTIA may from time to time expressly designate for use corresponding to the CompTIA certification which you have achieved. The term "Marks" shall not include any other titles, trademarks, service marks or logos of CompTIA.
2. CANDIDATE INFORMATION
CompTIA and all CompTIA Agents may collect, save, transmit, transfer, use, deliver and otherwise process Candidate Information for analysis, research, certificate fulfillment, marketing or other purposes deemed necessary or appropriate by CompTIA in connection with any CompTIA Program. CompTIA may update the terms of this Agreement from time to time without notice to you. Candidate Information may be transmitted or otherwise transferred outside of the country or geographic region in which you reside or in which you took any CompTIA certification examination. You are aware that data protection regulations in other countries, including, without limitation, the United States of America, may not fully correspond with data protection regulations in your region and may provide less effective protection.
You hereby authorize CompTIA to disclose your name, career ID or certification number, and status as having achieved or not achieved any CompTIA certification, and if you have achieved any CompTIA certification, the related CompTIA certification examination(s) passed and the date upon which such achievement was made, and any other information verifying your CompTIA certification, to any person or entity that satisfies all of the following requirements: (I) the person or entity makes a written request to CompTIA for your CompTIA certification status and such request includes your name and your career ID or certification number; and (II) to a third party that paid your examination fee.
3. COMPTIA CERTIFICATION
Your CompTIA certification is based upon your successful passing of the requisite CompTIA certification examination(s) and your compliance with the terms of this Agreement. In order to achieve the right to use any Marks, you will also be required to enter into a separate logo agreement with CompTIA following your successful passing of the requisite CompTIA certification examination(s), which agreement contains guidelines for the use of Marks.
Additionally, you are required to inform CompTIA, without delay, of matters that can affect your capability to continue to fulfill the certification requirement as outlined in the certification objectives. CompTIA may modify any examination, test objective or the requirements for obtaining or maintaining any CompTIA certification at any time. It is your responsibility to keep informed of any such modifications and any requirements for maintaining your CompTIA certification. If any CompTIA certification requirements are modified, this Agreement and your CompTIA certification may be terminated by CompTIA without further notice, unless you complete any applicable continuing CompTIA certification requirements. If in the event of a withdrawal of your certification for any reason, you must refrain from the use of all references to a certified status by CompTIA and return any certificates issued by CompTIA.
By maintaining and continuing use of your CompTIA certification, you agree to comply with and be bound by the (i) certification exam policies as listed on the CompTIA website, as they may be amended from time to time (“Certification Exam Policies”), the (ii) code of ethics as listed on the CompTIA website, as itmay be amended from time to time (“Code of Ethics”), and this Agreement, as it may be amended from time to time (“Candidate Agreement.”). To the extent that CompTIA’s policies materially change, the policy in place at the time that you submit personal information to CompTIA will generally govern that information unless CompTIA receives your updated consent to the new policy or policies.
4. CANDIDATE CONDUCT POLICY
You will not participate in any cheating incident, breach of security, misconduct or any other behavior that could be considered a compromise of the confidentiality, integrity, or availability of any CompTIA certification examination or any CompTIA certification. Such behaviors include, but are not limited to, the following:
5. DATA FORENSICS
The CompTIA Security Team uses data forensics as a basis for enforcement and action. CompTIA certifications measure professional competency via statistically vetted, high-stakes examinations. Those candidates demonstrating proficiency by achieving a valid passing score are issued a CompTIA certification. CompTIA performs ongoing maintenance and statistical analysis, including data forensics. If the validity of the examination score is brought into question due to statistical anomalies identified during analysis, CompTIA may invalidate candidate scores and notify you of applicable invalidations and/or suspensions.
6. RETAKE POLICY
In the event that you fail your first (1st) attempt to pass any CompTIA certification examination, CompTIA does not require any waiting period between the first (1st) and second (2nd) attempt to pass such examination. However, before your third (3rd) attempt or any subsequent attempt to pass such examination, you shall be required to wait for a period of at least fourteen (14) calendar days from the date of your last attempt to pass such examination.
6.1. If a Candidate has passed an exam (or multiple exams) and achieved a certification, he/she cannot take the exam again, using the same exam code, without prior consent from CompTIA.
6.2. From time to time, CompTIA may offer candidates the opportunity to take a beta examination. Such CompTIA beta examinations may only be taken a total of one (1) time by each candidate and participation in beta examination testing is subject to further policies as set forth in the context of same.
6.3. A test found to be in violation of the retake policy will be invalidated and the candidate may be subject to a suspension period. Repeat violators will be permanently banned from participation in the CompTIA Certification Program.
6.4. Candidates must pay the exam price each time they attempt the exam. CompTIA does not offer any free re-tests or discounts on retakes.
Any candidate determined by CompTIA to have violated the terms of this Agreement or diminished the security and integrity of CompTIA’s Certification Program in any way shall, if determined necessary or appropriate by CompTIA based upon the seriousness of the incident or violation:
(a) have the CompTIA certification for the applicable examination revoked, if such certification was previously granted by CompTIA;
(b) have all other CompTIA certifications previously granted to such candidate revoked;
(c) not be eligible to register and/or schedule any CompTIA certification examination, or receive any CompTIA certification, for a minimum period of six (6) calendar months from the date of such determination; and/or
(d) be subject to any and all other appropriate action, including legal remedies, that CompTIA deems necessary or appropriate to enforce the terms of this Agreement.
If it is determined that you have violated CompTIA's Candidate Agreement, then CompTIA will send you a written notice of violations and applicable sanctions.
8. CONFIDENTIALITY OF EXAMINATION MATERIALS
Examination Materials are the proprietary, confidential, and copyrighted materials of CompTIA. Any disclosure of the contents of any CompTIA certification examination is strictly prohibited. You agree to maintain the confidentiality of all Examination Materials and you agree not to disclose, publish, reproduce, distribute, post or remove from the examination room, any portion of the Examination Materials. Violators of copyright law are subject to injunctions, civil liability, forfeiture of profits, punitive damages and other legal sanctions. CompTIA will take appropriate legal action against you to protect CompTIA's rights if you breach the provisions of this Section or any applicable laws.
9. CANDIDATE APPEALS PROCESS
After a candidate has received a written notice of violations and applicable sanctions from CompTIA, such candidate will have thirty (30) calendar days to file a written request for appeal pursuant to CompTIA's Candidate Appeals Process. Any such request for appeal must be in writing, must be filed with CompTIA within thirty (30) calendar days from receipt of notice of violations and applicable sanctions, and must include the following: (a) a statement describing the grounds for the appeal, (b) why the appeal should be granted, and (c) all supporting evidence,. A candidate's appeal will not be considered after such thirty (30) calendar day period has expired.
If CompTIA determines that a written request for appeal is filed in a timely manner and upholds CompTIA's original decision, such appeal and the information submitted by the candidate will be submitted for binding arbitration to the Candidate Appeals Committee, which consists of voluntary industry peers. Three (3) members of the Candidate Appeals Committee will be appointed to act as an arbitration panel for the appeal. This appeals process shall not address any failures to pass any CompTIA certification examination, nor include any challenges to individual examination questions, answers or failing scores. The arbitration panel will deliberate and decide the appeal. If a quorum is present at the arbitration panel hearing, the decision of the majority of the panel members will be the decision of such panel. The decision of the arbitration panel is final and binding as to all matters related to the appeal.
Upon your CompTIA certification, CompTIA will grant to you a non-exclusive, personal and non-transferable license to use Marks as follows: (a) you may use Marks only on promotional, display and advertising materials to publicize your CompTIA certification or to promote your products or services corresponding to your CompTIA certification, and (b) you must state the name of the CompTIA certification that you achieved followed by "Certified" (e.g., A+ Certified). Any other use of Marks by you is strictly prohibited. You may not use Marks of any CompTIA certification unless you have completed the CompTIA certification requirements and have been notified by CompTIA in writing that you achieved that particular CompTIA certification. Any and all uses of Marks by you must comply with any and all CompTIA requirements, guidelines and quality control standards, as established or amended from time to time by CompTIA.
Furthermore, CompTIA may, from time to time, amend the Marks, or designate new or different Marks for your use. You agree not to incorporate any Marks, or potentially confusing variations of Marks, as part of your name, your business name, or the name of any product or service offered by you, or as part of any logo, name, trademark, service mark or other commercial or product designation used by you. You agree not to file any application to register or claim any interest in any Mark or any other logo, name, trademark, service mark or commercial or product designation confusingly similar to any or all Marks. You shall not misrepresent your CompTIA certification status or your qualifications, or misrepresent, imply or suggest that CompTIA in any way endorses, sponsors or recommends you, or any of your products or services. The license granted to you by this Section is conditioned upon and subject to your compliance with the terms of this Agreement. Any attempted assignment, transfer or sublicense of such license by you shall be null and void. Subject to the limited license granted to you by this Section, CompTIA reserves and retains all rights, titles and interests, including, without limitation, all trademark and other intellectual property rights, in and to Marks. This limited license shall terminate upon the withdrawal of your certification for any reason.
11. TERM AND TERMINATION
This Agreement shall commence upon your acceptance of its terms. Either party may terminate this Agreement, with or without cause, by giving at least thirty (30) calendar days' prior notice to the other party. CompTIA may terminate this Agreement upon thirty (30) calendar days’ prior notice if: (a) you breach any term of this Agreement and fail to cure said breach within such thirty (30) day period; or (b) you fail to comply with any applicable continuing CompTIA certification requirements specified by CompTIA from time to time. Further, CompTIA may terminate this Agreement immediately upon notice to you if: (a) publicity or other information about you, your products or services, or your use of Marks harms or adversely affects CompTIA or its reputation or goodwill or otherwise damages or diminishes the value of Marks; or (b) upon determination by CompTIA that you have otherwise violated any rule, regulation or policy of CompTIA or of any CompTIA authorized testing facility related to any CompTIA certification examination. Upon termination of this Agreement, CompTIA may revoke your CompTIA certification(s) and terminate the licenses and rights granted hereunder. This Section and Sections 3, 4, 5, 6, 7, 8, 10, 12, 13 and 14.4 hereof shall survive any termination of this Agreement.
12. DISCLAIMER; LIMITATION OF LIABILITY
COMPTIA MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATED TO OR ARISING OUT OF ANY COMPTIA CERTIFICATION OR THIS AGREEMENT. COMPTIA DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. COMPTIA SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO ANY COMPTIA CERTIFICATION, OR THIS AGREEMENT, OR OTHERWISE INCURRED, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPTIA'S LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT OF EXAMINATION FEES ACTUALLY PAID BY YOU TO COMPTIA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY. HOWEVER, SUCH EXCLUSION OR LIMITATION SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless CompTIA, and all CompTIA Agents, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising, in whole or in part, out of any breach of this Agreement by you or any personal injury, product liability, property damage or other claims which are caused, directly or indirectly, in whole or in part, by any act or omission by you.
14. OTHER PROVISIONS
14.1. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. You may not transfer or assign any CompTIA certification, any license granted to you under this Agreement, or any of your rights hereunder. Any such transfer or assignment shall be null and void.
14.2. Amendments. CompTIA may revise the terms of this Agreement from time to time. In the event of a revision, your assent to a new agreement may be a condition of your continued CompTIA certification.
14.3. Waiver and Severability. No waiver of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach. If any term of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such term shall be modified or deleted in such a manner so as to make this Agreement, as modified, legal and enforceable to the fullest extent permitted under applicable laws.
14.4. Equitable Relief. CompTIA shall be entitled to injunctive and other equitable relief to prevent or curtail any actual or threatened breach of the provisions of this Agreement and to recovery of reasonable attorneys' fees incurred in any such action.
14.5. Notices. Except as otherwise expressly provided in this Agreement, all notices hereunder shall be in writing or delivered via e-mail. Notice to you shall be sent to your last address known by CompTIA.
14.6. Governing Law. Any and all disputes arising hereunder shall be governed by and interpreted in accordance with the laws of the United States of America and the laws of the State of Illinois.