Apple Certification Alliance

 
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Terms and Conditions
Joining the Apple Certification Alliance Program ("Program") as a Member means that you agree to be bound by the terms and conditions listed below ("Terms and Conditions"). If you do not agree to these Terms and Conditions, you may not participate in the Program.
  1. Offerings. Apple shall post the current terms of the Program at http://train.apple.com/certification/alliance.html. Apple may modify the terms, conditions, and policies of the Program at any time without notice. The Member must comply with the then-current terms, conditions, and policies of Apple.
     
  2. Certification. Member must be Apple certified by having passed the examinations as described on the Apple Certification Programs page at http://train.apple.com/certification/. Participation in the Program does not constitute endorsement by Apple of the member. Membership in the Program is non-transferable. Apple may cancel membership of any person who does not meet the current Program terms, at Apple's sole discretion. Member represents and warrants to participate in the Program in a professional and workmanlike manner, and in accordance with all applicable laws.
     
  3. Relationship with Apple. Member is solely an independent contractor, has no power or authority to bind Apple, and is applying solely for membership in the Program. Nothing in these Terms and Conditions or the Program participation shall be construed as creating any other relationship such as employer-employee, principal-agent or franchisor-franchisee. Member may not claim any Apple employee benefits. Nothing in the Terms and Conditions, or participation in the Program shall grant, or be construed to authorize, Member the right to resell Apple-branded products or service Apple products on Apple's behalf.
     
  4. Apple Proprietary Rights. Member may use the Apple-owned name "Apple Certification Alliance" and the "Apple Certification Alliance" signature, provided all use is in strict compliance with relevant guidelines provided by Apple from time to time. Member acknowledges that Apple is the sole owner of its trademarks including "Apple," the Apple logo, and "Mac" and agrees that it will not interfere with Apple's rights in its trademarks, including challenging Apple's use of, registration of, or application to register its trademarks, alone or in combination with other words or designs, anywhere in the world, and that it will not harm, misuse, or bring into disrepute any Apple trademark. Member also agrees to follow Apple's Guidelines for Using Apple Trademarks and Copyrights as published on Apple's website at http://www.apple.com/legal/guidelinesfor3rdparties.html and as modified from time to time. Member shall not use the marks "Apple," the Apple logo, or any other marks belonging or licensed to Apple in any way except as expressly granted by Apple. All goodwill arising out of the permitted use of Apple's marks shall inure to the benefit of and belong to Apple. Any unauthorized use or misuse of any Apple trademarks or trade names may result in immediate termination of membership.
     
  5. Information Access and Release Authorization. Members create their own Apple ID for the Program at the Apple Certifications website (http://certifications.apple.com). Apple uses and safeguards Member's information in accordance with Apple's Privacy Policy (http://www.apple.com/legal/privacy), which may change from time to time. In addition, members may opt to authorize Apple to publish contact information provided by Member, including the Member's name, city, state, country, certification(s), Apple Consultants Network Program membership status, email address, and phone number in a public online directory for personal recognition and networking. Members maintain the right to update or change their Apple ID information at any time through the Apple Certifications website (http://certifications.apple.com).
     
  6. Confidentiality. All information disclosed to the Member by Apple, whether oral or written, shall be deemed Apple confidential information and Member shall not disclose such confidential information to anyone except employees, contractors, or agents who have a need to know such information. The Member acknowledges that the unauthorized disclosure or use of Apple confidential or proprietary information may cause irreparable harm and significant injury to Apple that may be difficult to ascertain. Accordingly, the Member agrees that Apple will have the right to seek and obtain immediate injunctive relief in addition to any other rights and remedies Apple may have.
     
  7. Not For Resale (NFR) Software, Products, and Other Promotional Items. All copies of NFR (Not For Resale) products that may be provided under the Program are for the Member's personal use only. Member shall not install, sell, or transfer any software or other products provided under this Program separately, or on any customers' computers. Such items and any information provided by Apple are provided to Member on an "AS IS" basis, without any warranty of any kind, and Apple hereby disclaims all express and implied warranties, including non-infringement. Apple shall not be responsible for any support of software or other products provided to Member under this Agreement. All promotional items such as shirts provided under the Program are for the Member's personal use only, and may not be resold. All products and services that are offered under the Program may be subject to additional terms of sale.
     
  8. Term. These Terms and Conditions shall be effective upon the Member's acceptance into the Program by Apple, and end upon termination of membership by Member or Apple. Member and Apple agree that in no event shall either party be obligated to renew or extend the term of membership.
     
  9. Compliance. Apple may limit or revoke any of Member's membership privileges, including immediate termination of Member's membership, at any time and as Apple sees fit, without notice in the event that: (A) Member fails to keep Apple certification current as required by the Program and described at http://train.apple.com/certification/alliance.html. (B) Member breaches any of the terms and conditions listed herein, or acts negligently under these terms and conditions; (C) Member commits a felony, engages in an unlawful business practice; (D) Any conduct or proposed conduct of Member exposes or threatens to expose Apple to any liability or obligation, including any federal, state, or local law, or Apple deems in poor taste; (E) Member resells, or represents himself or herself to be authorized by Apple to resell, Apple-branded products or services without written authorization from Apple; (F) Member misuses any Apple trademark or trade name, including the "Apple Certification Alliance" signature.
     
  10. Termination with thirty (30) days notice. Either party may terminate membership at any time and without cause on thirty days prior written notice. Members may provide notice of termination to Apple by submitting an email to: certifications@apple.com. Apple may provide notice of termination to Member's email address as listed in Member's Apple ID information.
     
  11. Effect of Termination. Upon expiration or termination of membership: (A) Member shall immediately cease use of the name "Apple Certification Alliance" and the "Apple Certification Alliance" signature, and otherwise discontinue representing to the public that he or she is a participant in the Program. (B) Member shall promptly return to Apple all Apple confidential information or certify in writing that it has destroyed such information.
     
  12. Limitation of liability. IN NO EVENT SHALL APPLE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, LOST BUSINESS PROFITS, EVEN IF APPLE HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. APPLE'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO NOT MORE THAN FIFTY (US$50) DOLLARS.
     
  13. Limitation of Remedies. THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL BE MEMBER'S SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF THIS AGREEMENT BY APPLE.
     
  14. Governing Law/Disputes/Notices. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law. Any dispute, resolution, or proceeding with respect to this Agreement shall take place in the county of Santa Clara, State of California. Except as otherwise stated, notices upon Apple pursuant to this Agreement shall be served postage prepaid, or overnight courier, to Apple at the address below, and deemed received upon Apple's receipt.
    Apple Inc.
    Attn: Apple Law Department (MS:82-2AL)
    1 Infinite Loop
    Cupertino, CA 95014
    Except as otherwise stated, notices upon Member may be sent either to Member's email address as noted in the Apple Certification Alliance Profile, or posted to the Program's website at http://train.apple.com/certification/alliance.html.
     
  15. Severability/Waiver. In the event that any provision of these terms and conditions shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of these Terms and Conditions shall remain in full force and effect and construed so as to best effectuate the intention of the parties. The waiver by Apple of any Member default shall not waive subsequent defaults of the same or different kind.
     
  16. Entire Document. This document and all Apple provided documents with respect to Member's utilization of specific elements of the Program contain all the agreements, warranties, understandings, conditions, covenants, and representations made between Member and Apple. Any different or additional terms and conditions in any purchase order, invoice or other such document are hereby expressly rejected by Apple and shall have no force or effect.
     
  17. Choice of language/Choix de Langage. The parties hereto confirm that they have requested that this agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
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