, an individual candidate (hereinafter Candidate) for Certification in IICRC’s Mold Removal Specialist Certification Program (hereinafter Program).
1.1 The Certification Program enables a Candidate to earn IICRC Certification as a Mold Removal Specialist;
1.2 Candidate understands and agrees that participation in the Program is strictly conditioned upon Candidate’s compliance with all IICRC Requirements applicable to the Program; and
1.3 Candidate warrants that by signing this Agreement, Candidate agrees to abide by all IICRC Requirements, regarding the Program, as such policies now exist, and as they be amended, entirely at IICRC’s discretion, in the future; and
1.4 Candidate understands and agrees that failure to follow IICRC Requirements, regarding the Program, shall result in Candidate’s inability to obtain Certification, or remain Certified, as a Mold Removal Specialist.
II. DEFINITIONS For the purposes of this Agreement, the following terms are defined as follows:
2.1 Certified or Certification shall mean IICRC recognizes a Candidate has satisfied all Requirements to become a Candidate.
2.2 Designation shall mean any one of the titles established by IICRC to signify a Candidate obtained Certification.
2.3 Examination shall mean the test for Certification, enabling Candidate to become a Candidate.
2.4 Logo shall mean any one of the Program word marks and/or symbols established by the IICRC which a Registrant may use to evidence Certification, subject to IICRC use restrictions. The IICRC Logo use restrictions are attached to and incorporated by reference herein as Exhibit A.
2.5 Candidate shall mean an individual Candidate who has obtained Certification as a Mold Removal Specialist; and who is in compliance with IICRC Requirements.
2.6 Requirements shall mean those Program terms, conditions or criteria, as they now exist or as they may be amended in the future, in IICRC’s sole discretion, which a Candidate must satisfy to obtain and maintain Certification as a Mold Removal Specialist. Current Requirements are attached to and incorporated herein as Exhibit B.
NOW, THEREFORE, in consideration for the mutual covenants and conditions contained herein, and for Candidate’s opportunity to obtain Certification as a Mold Removal Specialist, and to remain a Candidate once Certified, Candidate and the IICRC agree as follows:
3.1 Incorporation of Recitals and Definitions. The Recitals and Definitions, from Sections 1 and 2 of this Agreement, are hereby incorporated by reference in their entirety.
3.2 Identity of Candidate. Candidate represents and warrants that Candidate is the person who shall take the Examination; and Candidate shall provide IICRC with whatever documentation, in addition to this signed Agreement, to prove Candidate’s identity. Such proof may include, but is not limited to, photo identification, in the form of a valid driver’s license or passport.
3.3 Compliance with Requirements. Candidate shall remain in compliance with Requirements, as they now exist or as they may be amended in the future by the IICRC, in the IICRC’s sole discretion, in order to obtain and maintain Certification. Failure to comply with Program Requirements may result in revocation or suspension of Certification and the right to use any IICRC Designation and Logo during the revocation or suspension period.
3.4 Compliance with Testing Center Policies. The Examination may be offered and administered by the IICRC directly or by a third party provider. Regardless if the Candidate sits for the Examination at a third party or the IICRC testing center, Candidate agrees to abide by all testing center policies and procedures, as directed by testing center personnel.
3.5 Confidentiality. Candidate understands and agrees the Examination, and all information provided to Candidate that relates to or arises out of the Examination, including, but not limited to, specific questions, content, structure, and organization of the Examination, shall be deemed to be the confidential information of the IICRC (Confidential Information); and Candidate is expressly prohibited from disclosing, publishing, reproducing, or transmitting any Confidential Information, in any form, to any third party. Candidate will also take all necessary, reasonable and prudent steps to protect the Confidential Information, and Candidate shall agree to inform the IICRC, immediately, if Candidate discloses any Confidential Information or has knowledge of such disclosure by any other party.
3.6 Intellectual Property Ownership. The IICRC retains all right, title and interest in the Program and all Program related information, content, data, exams, materials, software, and all copyrights, patent rights, trademark rights, logos and other proprietary rights. All rights not expressly granted by the IICRC to Candidate are expressly reserved to the IICRC.
3.8 Certification Revocation or Suspension. The IICRC may, in its sole discretion, revoke or suspend an individual’s Certification, or even ban an individual, for certain periods or even permanently, from earning future certifications, under any of the following circumstances: a) upon breach of the terms and conditions of this Agreement or Requirements; b) upon the IICRC’s knowledge and belief that an individual has undertaken or participated in any action that compromises the integrity and confidentiality of the Examination or Program, including, but not limited to, instances of cheating on an Examination or disclosure of Confidential Information.
3.9 Notification to Employer. Candidate expressly authorizes the IICRC to notify Candidate’s employer if the IICRC takes any enforcement action under Section 3.8 of this Agreement.
3.10 Survival of Obligations. Candidate understands and agrees that Candidate’s duties under Section 3.5 of this Agreement survive termination of this Agreement; and Candidate has an express obligation to protect Exam confidentiality regardless if one earns Certification or not; or regardless if one earns, but does not maintain, Certification.
3.11 Injunctive Relief. Candidate expressly agrees the IICRC shall have no adequate remedy at law for breaches of Section 3.5 of this Agreement and that the IICRC, in additional to action for damages, shall have cause to seek and obtain immediate injunctive relief to prevent disclosure of its Confidential Information, as disclosure of such Confidential Information shall result in irreparable harm to the IICRC.
3.12 Disclaimer of Warranties. ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO OR ARISING OUT OF THE PROGRAM ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES CONCERNING THE ACCURACY OR COMPLETENESS OF PROGRAM INFORMATION, ITS FITNESS OR APPROPRIATENESS FOR A PARTICULAR PURPOSE OR USE, ITS MERCHANTABILITY, ITS NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER MATTER. CANDIDATE EXPRESSLY ASSUMES ALL RISKS THAT RELATE TO OR ARISE OUT OF THE PROGRAM OR CERTIFICATION.
3.13 No Joint Venture or Partnership. This Agreement shall not create a joint venture, partnership, principal-agent, employer-employee, franchisor/franchisee or similar relationship between the parties. Candidate agrees not to represent Candidate as an agent, employee, consultant, contractor or legal representative of the IICRC or any subsidiary thereof based upon this Agreement.
3.14 Governing Law and Jurisdiction. Notwithstanding conflict of laws principals, this Agreement shall be interpreted and enforced according to the laws of the state of Washington; and venue and jurisdiction for any disagreement under this Agreement shall be in the Superior Court for Clark County, Washington.
3.15 Severability. If a court of competent jurisdiction deems any provision of this Agreement unenforceable, the remainder of the Agreement shall remain in full force and effect. Before agreeing to this Agreement, Candidate acknowledges that Candidate has had the opportunity to consult with independent counsel; and that no representation by the IICRC has induced Candidate to enter into this Agreement.