IMPORTANT: READ THIS VERY CAREFULLY!
The International Association for Six Sigma Certification™ (IASSC®), in its sole discretion, conditionally grants the privileges contained herein to the applicable entities and/or individuals permitted to participate in this Exam Administration & Distribution Program (EADP). Each Exam Administrator & Exam Distributor, and its designated representatives, hereby represent and warrant to comply with the Terms and Conditions contained herein.
DEFINITIONS:
Certification – designations bestowed upon individuals who successfully complete an IASSC Certification Examination.
Examinee(s) – an individual(s) who takes an IASSC Certification Exam.
IASSC Certification Examination – an examination given to an examinee seeking Certification by IASSC.
IASSC Exam Administration & Distribution Program – the IASSC program that enables approved entities to act as an IASSC Exam Administrator and/or IASSC Exam Distributor.
IASSC Exam Administrator – the entity and its designated representatives given authority to administer IASSC Certification Exams, including, but not limited to, Computer Based Testing (Provider Proctored) and Paper & Pencil Exam Packets (Provider Proctored).
IASSC Exam Distributor – the entity and its designated representatives supplied with bulk IASSC Certification Exam access and/or vouchers and given authority to distribute access to IASSC Certification Exams, including both On-Demand Web-Based Testing (IASSC Proctored) and Pearson VUE Testing Centers (IASSC Proctored).
IASSC Proctor – an individual, typically employed or contracted by an IASSC Exam Administrator, who is given authority by IASSC to administer IASSC Certification Exams.
IASSC Marks – the badges, logos and other IASSC trademarked symbols provided to the Exam Administrator and/or Exam Distributor for use in displaying their designated status in accordance with the policy located at http://iassc.org/marks-usage-policy/.
Member – any individual or entity that maintains a professional relationship with IASSC as an accredited entity, a certified party, an Exam Administrator, Exam Distributor or Proctor.
Services — all information, content, products, materials, programs and services made available to You through www.iassc.org by us and/or related third parties utilized by us in carrying out IASSC Services.
Site — the iassc.org and/or orders.iassc.org website.
Us — the International Association for Six Sigma Certification.
You — the applicable Exam Administrator and/or Exam Distributor and your designated representatives.
EXAM ADMINISTRATOR & EXAM DISTRIBUTOR TERMS AND CONDITIONS:
1. The Exam Administrator & Exam Distributor designation offered through this IASSC Exam Administration & Distribution Program is issued for a 12-month period from the date of application approval, which may be given via email. The term will automatically renew if You conduct 5 or more exams within the 12-month period. It will automatically cancel if You have conducted less than 5 exams within the 12-month period, unless You specifically request non-cancellation prior to the scheduled automatic cancellation date.
2. You understand and agree that IASSC may conduct a due diligence process to verify the information You provided in the application. Third parties may be contacted to confirm the information provided in the application. You waive any claims against IASSC for breach of privacy or confidentiality during this verification process that could arise from the good faith verification activities and/or any other investigation that IASSC conducts as IASSC determines in its sole and absolute discretion.
3. IASSC maintains the right to conduct audits relevant to Your role and obligations hereunder, and You agree to fully cooperate with IASSC during any audit, investigation, inquiry or any other matter arising out of or related to the relationship between You and IASSC. In the event it is suspected that You have breached any of these Terms and Conditions, IASSC will give You written notice of the same via email. You shall have seven (7) days to provide evidence of the cure of the applicable breach or default, or IASSC may take any and all applicable disciplinary measures in accordance with the IASSC Disciplinary Policy. The IASSC Appeals Process shall apply in the event any disciplinary measures are taken by IASSC.
4. As a Member of IASSC, You warrant and represent that You will abide by and uphold the terms and conditions of the IASSC Agreements listed and referenced herein, including the Terms of Use, Privacy Policy, Code of Conduct, Disciplinary Policy, and Marks Usage Policy.
5. In the event of any changes pertaining to your contact information or any other substantive changes to the information provided in the application, including but not limited to change in ownership, You shall provide IASSC with notice of such changes via email within thirty (30) days of such changes.
6. You agree that IASSC, in its sole discretion, may publicly list you as an Exam Administrator or Exam Distributor on the IASSC website. Listing may include a link to your website, along with other non-confidential information. IASSC has the right to list information concerning Your status as an Exam Administrator or Exam Distributor with IASSC within a public Exam Administrator or Exam Distributor Profile, whether negative or positive, including results of investigations conducted, breaches of code of conduct, etc. Also, any such information that IASSC displays may change from time to time as new information becomes available.
7. Having entered into this agreement, You agree, upon approval, to prominently display the IASSC “Authorized Exam Administrator” or “Authorized Exam Distributor” Badges consistent with the Marks Usage Policy. You shall not place any IASSC Marks on certificates You issue for Your own certification. Upon expiration or termination of Your status as an Exam Administrator and/or Exam Distributor, You agree to immediately cease (1) using, directly or indirectly, all IASSC Marks; and/or (2) making any representation or implication that You have any continuing relationship with IASSC. The foregoing two specific restrictions shall be hereinafter referred to collectively as the “Usage Restrictions.” You acknowledges and agrees that any breach of the Usage Restrictions will result in irreparable injury, the remedies at law will be inadequate, and in addition to any other remedy IASSC may have (including but not limited to those set out herein), IASSC shall be entitled to the specific performance of the Usage Restrictions, as well as both temporary and permanent injunctive relief (notwithstanding any limitations in law or equity, such as being required to post a bond). You acknowledge and agree that damages flowing from any breach of the Usage Restrictions are not readily susceptible to being measured in monetary terms; therefore, in the event of breach, IASSC will be entitled to collect liquidated damages from You in the amount of $1,000 per day for each day You are in breach of any Usage Restriction; provided, however, IASSC shall provide at least 10 calendar days to cure any breach of a Usage Restriction, and in the event the breach is cured within 10 calendar days from the date IASSC sends notice of the breach via email, You will not be liable for the applicable liquidated damages that have accrued.
8. You affirm, under penalty of perjury, that all information provided in the application for the Exam Administration & Distribution Program is correct and complete. Additionally, You certify, under penalty of perjury, that You have the legal right to deliver the content (including any applicable intellectual property rights, etc.) utilized in their training programs.
9. The retail pricing for IASSC Certification Exams are Black Belt $395, Green Belt $295 and Yellow Belt $295. Authorized Exam Administrators & Exam Distributors may not advertise, publish or re-sell IASSC Certification Exams for less than the retail pricing stated here or as may be modified by IASSC from time to time. Exam Administrators & Exam Distributors may package or bundle IASSC Certification Exams with training courses and thereby not disclose the IASSC Certification exam fee separately; however, the bundled pricing must equal to or exceed the IASSC retail pricing.
10. Exam Administrators or Exam Distributors will be invoiced for Certification exams consistent with the prices and volume discounts published here, or as may be agreed upon between the parties, and agree to pay all IASSC invoices upon receipt.
11. Fees paid for IASSC Certification exams that have been conducted by an examinee, either through Administration or Distribution in connection with this Agreement, are non-refundable. IASSC, at its sole discretion, may issue refunds or discount codes for use with future exam purchases to Exam Administrators or Exam Distributors on a case-to-case basis to accommodate extenuating circumstances.
12. You understand that all individuals who conduct an IASSC Certification Exam will be presented with, required to review and agree to, the IASSC Certification Terms & Conditions, and by doing so, IASSC shall establish a direct relationship with said individuals.
13. Exam Administrators & Exam Distributors agree not to make, directly or indirectly, any representation that may lead a reasonable consumer to mistakenly believe that the consumer will receive an opportunity to conduct an IASSC Certification Exam and/or receive IASSC Certification, as opposed to some alternative certification, if it is not the intention of the Exam Administrator or Exam Distributor to extend such an opportunity to the consumer. Additionally, if a consumer appears to have any such mistaken belief, Exam Administrators & Exam Distributors acknowledge and agree that they have an affirmative duty to correct the mistaken belief, as well as take any and all remedial measures determined to be reasonable and appropriate by IASSC.
14. The Exam Administrator and/or Exam Distributor acknowledges the content of the IASSC Certification Examinations are proprietary information owned by and the intellectual property of IASSC and shall therefore not be copied or reproduced or utilized in any manner not described herein or in any associated documentation referenced herein.
15. In its sole and absolute discretion, for any reason or no reason at all, IASSC maintains the right to revoke the privilege You have been provided with to act as an Exam Administrator and/or Exam Distributor.
16. Exam Administrators:
a) agree to administer the IASSC Certification Examinations in a manner consistent with the procedures described herein and in accordance with terms and conditions, process and protocol for; Computer Based Testing (detailed here) and Paper & Pencil Exam Packet testing (detailed here);
b) agree to assign a Proctor(s) for each and every IASSC Exam Administration Session offered and ensure the assigned Proctor is registered with and approved by IASSC as IASSC Proctors and thereby commit to adhere to the terms and conditions, process and protocol for: Computer Based Testing (detailed here) and Paper & Pencil Exam Packet testing (detailed here);
c) agree to assign Proctors for IASSC testing sessions in a manner that will avoid conflict of interest and bias, or the appearance thereof, understanding the importance of impartiality in carrying out its exam administration activities, particularly in its selection and assignment of a Proctor;
d) agree to protect the security of IASSC Intellectual Property from any unauthorized use and accept liability for damages resulting to IASSC from such unauthorized use;
e) agree that IASSC at its sole and absolute discretion, maintains the right to declare any exam session null and void if it believes the session was not conducted in compliance with the process and protocol for: Computer Based Testing (detailed here) and Paper & Pencil Exam Packet testing (detailed here). If it is determined that such non-compliance is the result of the Exam Administrator (or its Proctor), the Exam Administrator shall bear a financial responsibility to correct the non-compliance for the affected parties. For example, an On-demand Web-Based Certification Exam retake may be offered to the affected parties providing them a chance to earn IASSC Certification through an alternatively proctored method, the cost of which will be borne by the Exam Administrator;
f) agree to indemnify and fully compensate IASSC for any and all damages (including attorneys’ fees and costs associated with any investigation or corrective action) resulting to IASSC from any violation of the Marks Usage Policy or breach of other intellectual property rights, such as stolen or copied IASSC Exams and/or Exam questions, caused in whole or in part by (i) the negligence of any assigned Proctor, such as a Proctor’s failure to collect all scrap paper and other materials, or a Proctor’s failure to reasonably monitor the examinees; (ii) any Proctor’s failure to comply with any applicable exam administration procedures, practices and protocols; or (iii) the Exam Administrator’s failure to notify IASSC in writing about a Proctor’s negligence or breach of any applicable exam administration procedures, practices, or protocols. If not already required, IASSC strongly recommends that, given the magnitude of the Exam Administrator’s (and its Proctor’s) potential liability, all Exam Administrators video record each examination session to ensure the Proctors are complying with all applicable administration procedures, practices and protocols. For example, a Proctor causes an exam to be leaked, in which case IASSC can never use the exam again and must pay $20,000 to develop an entirely new set of exam questions; the Exam Administrator and the Proctor would be jointly and severally liable pay the applicable $20,000, in addition to any other ancillary costs and expenses;
g) agree that Exam Packets ordered must be used within 3 months of placing the order for the packets. If during this time IASSC establishes new exam versions, IASSC will replace the existing Exam Packets that Exam Administrator has in inventory at no cost to the Exam Administrator; however, the Exam Administrator will be required to pay the shipping costs, if applicable, for the return of the expired packets and replacement of new packets; and
h) may administer IASSC certification exam retakes, subject to the IASSC Retake Policy (here), to examinees who fail IASSC Certification Exams and retakes will be invoiced at a 25% discount from retail pricing.
17. Exam Distributors:
a) agree to distribute access to IASSC Certification Examinations in a manner consistent with the procedures described herein and in accordance with any other terms and conditions as may be agreed between IASSC and Exam Distributor;
b) agree to maintain IASSC Exam Vouchers in a secure and controlled environment and notify IASSC of any breach of security for the Exam Vouchers within 24 hours of learning of such breach; and
c) agree that IASSC, through its automated system and protocol, will offer examination retakes, subject to the IASSC Retake Policy (here), to examinees who fail IASSC Certification Exams.
GENERAL TERMS AND CONDITIONS:
Disclaimer Of Warranties
IASSC PROVIDES ANY AND ALL SERVICES AND INFORMATION ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. IASSC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation Of Liability And Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER IASSC, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES NOR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE OR ANY SERVICES, REGARDLESS IF CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE OF IASSC AND REGARDLESS OF THE FORM OF ACTION, THE BASIS OF THE CLAIM, OR WHETHER OR NOT IASSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEYOND THE MONETARY AMOUNT YOU PAID FOR THE SERVICES.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
Indemnity
You agree to defend, indemnify and hold IASSC harmless against any losses, expenses, costs or damages (including our attorneys’ fees, expert fees’ and other costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions contained in this Agreement and/or the Site, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding obligation to defend will end; however, your duty to indemnify shall continue.
Non-Disparagement
You agree that you will not publish on the Internet, directly or indirectly, any statement about the Services, IASSC or any agent thereof that is defamatory, is published for a commercial purpose (unless expressly agree by IASSC in writing), constitutes false advertising (including as prohibited by 15 U.S.C. § 1125), is tortious, or is otherwise prohibited by applicable law.
Governing Law
This Agreement shall be governed in accordance with the laws of the State of Arizona, USA, notwithstanding any conflict-of-law provisions to the contrary. Additionally, you also agree that the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, UN Convention on Contracts for the International Sales of Goods and the Uniform Computer Information Transactions Act (UCITA) will not apply to this Agreement or any interpretation or disputes relating thereto.
Waiver Of Jury Trial
You hereby irrevocably waive your right to trial by jury in any action or proceeding arising out of this Agreement or the transactions relating to its subject matter.
Jurisdiction/Disputes/Arbitration
With the exception of IASSC’s claims against you relating to nonpayment or injunctive relief, all disputes and claims relating to this Agreement or any other agreement entered into between the parties, the rights and obligations of the parties, or any other claims or causes of action relating to the making, interpretation, or performance of either party under this Agreement, shall be settled by arbitration in Maricopa County, Arizona, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Any arbitration proceeding, or any claim in arbitration (including any defense and any claim of setoff or recoupment), must be brought or asserted within one (1) year after the action or inaction occurred that gave rise to such claim or defense, regardless of any statute of limitations, time of discovery statute or rule, savings statute, tolling statute or doctrine, equitable doctrine, or other theory that may be used to extend the time in which a claim or defense can be asserted. Once a written demand for arbitration is made by a party, the other party shall respond to the demand within ten (10) business days; failure to respond will permit the demanding party to seek resolution through litigation in Maricopa County Superior Court. However, in the event the non-responding party attempts to subsequently participate in the Superior Court litigation, the demanding party, at its election, may compel the matter to be arbitrated in accordance with this Agreement. To the extend a party attempts to contest the enforceability of this arbitration provision, arbitrability will be decided by the arbitrator, and the parties hereby waive the portion of A.R.S. § 12-1501 that appears to state that a party may contest arbitrability based upon grounds available in law or in equity for the revocation of any contract. Neither party shall pursue class claims and/or consolidate the arbitration with any other proceeding to which IASSC is a party. Each party must bear its own costs of arbitration; provided, however, that all arbitration fees shall be initially shared equally by the parties. Any failure to equally share arbitration fees prior to the issuance of an arbitration award shall be considered a default and shall permit the non-defaulting party to move for judgment by default, which shall be awarded unless the default is cured within five (5) business days. The arbitrator’s award shall include all arbitration fees, costs and attorneys’ fees for the prevailing party. The arbitrators shall have no authority to amend or modify the terms of the Agreement. Judgment upon the award of the arbitrator shall be submitted for confirmation to the United States District Court for the District of Arizona and, if confirmed, may be subsequently entered in any court having competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of this Agreement. Notwithstanding the foregoing, IASSC’s claims against you relating to nonpayment or injunctive relief may be litigated in the Superior Court of Maricopa County, Arizona, and the parties expressly waive any objections to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such court in any action or proceeding. In the event you participate in the Superior Court litigation by asserting any defense and/or claim, IASSC, at its election and while continuing to seek injunctive relief from the Superior Court, may compel all other matters, not pertaining to IASSC’s pursuit of injunctive relief against you, to be arbitrated in accordance with this Agreement.
Class Action Waiver
You hereby agree to waive any class action proceeding or counterclaim against IASSC, its affiliates, successors or assigns, whether at law or equity, regardless of which party brings suit. This waiver shall apply to any matter whatsoever between the parties hereto which arises out of or is related in any way to this Agreement or the Services, the performance of either party, and/or your purchase from IASSC, its affiliates, successors or assigns.
IASSC’s Remedies
In the event of a breach or threatened breach by you of any of the provisions of this Agreement pertaining to intellectual property, disparagement, or unauthorized use of the Site, you hereby consent and agree that IASSC shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief. Upon the issuance of any injunctive relief, IASSC shall be entitled to recover from you, as part of the its costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
Attorneys’ Fees And Legal Expenses
If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and/or arbitrator, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
Assignability
This Agreement is personal to you and you may not assign this Agreement or the rights and obligations hereunder to any third party.
Waiver
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
Severability
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
Survival Of Terms
Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and licensing provisions set forth in this Agreement.
Limitation On Actions
You agree that any claim or defense arising out of or related to the use of the Site or Services, or otherwise relating to this Agreement, must be brought or asserted within one (1) year after the action or inaction occurred that gave rise to such claim or defense or will be forever barred, regardless of any statute of limitations, time of discovery statute or rule, savings statute, tolling statute or doctrine, equitable doctrine, or other theory that may be used to extend the time in which a claim or defense can be asserted.
ACKNOWLEDGEMENTS:
I understand that IASSC is not, nor is affiliated with, a governmental agency, and that the Lean Six Sigma Industry is not regulated by any state or federal governmental agency or single authority. IASSC Lean Six Sigma Accreditation(s), Certification(s) and Bodies of Knowledge are voluntarily adopted by professionals in the Lean Six Sigma Industry. I understand that when IASSC uses terms such as “Industry”, “The Industry”, “Industry Standard”, “Universally Accepted”, “Generally Accepted” and other generalized terms, the terms are meant as a generalization of IASSC’s characterization of what it believes to be the industry standard and/or majority view of what constitutes the industry standard. I understand that IASSC endeavors to represent the voice of the industry’s majority, and that because it is not practical to survey and interview every organization and professional involved in Lean Six Sigma, IASSC has used reasonable methods and efforts to define and establish Lean Six Sigma standards for the purpose of supplying the Industry with standards that are viable and practical minimum competency standards. I understand that my engagement with IASSC, as described herein, constitutes my agreement with, alignment towards and support of, the IASSC standards, and I will use my best efforts, judgment and actions to uphold and defend these standards.
I understand and agree that IASSC maintains the right to modify all Terms and Conditions herein as it deems necessary from time to time without notice, and that it is my responsibility to review all Terms and Conditions on a regular basis.
