Authorized Partners
This BeingCert Authorized Partner Agreement ("Agreement") between BeingCert Inc. (" BeingCert ") and the undersigned (" Authorized Partner") forms the mutual understanding and agreement of the parties of the BeingCert Authorized Partner Program (" Authorized Partner Program"). In addition to the terms and conditions set forth in this Agreement, the attached Exhibit(s) and Schedules shall be considered an integral part of this Agreement.
- Term and Termination:This Agreement shall come into effect upon BeingCert's acceptance and shall remain in effect for a period of one year ("Initial Term"). The Initial Term shall automatically be renewed for successive one-year periods unless terminated by either party. Either party may terminate this Agreement by providing written notice to the other party.
- Disclaimer of Warranties; Limitation of Liability:BeingCert products and services are provided on an "as-is" and "as available" basis. BEINGCERT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BeingCert does not guarantee any specific results, uptime, performance, or error-free operation. Neither party shall be held responsible for any lost profits, indirect, special, incidental, consequential, punitive, or exemplary damages, whether or not foreseeable or contemplated by the parties.
- No Partnership or Joint Venture; Independent Contractor:: The Authorized Partner is engaged as an independent contractor by BeingCert solely for the purposes related to the Program and within the scope of this commercial relationship and contract. The intention of this agreement is not to establish any other form of relationship between the parties involved. The Authorized Partner shall not present itself as BeingCert, its affiliate, or an entity associated with BeingCert. It may only represent itself as an authorized partner of BeingCert.
EXHIBIT A: AUTHORIZED PARTNERS
This Exhibit A may be supplemented and modified by BeingCert, as needed, with additional Schedules from time to time.
Additional Terms and Conditions
- Discounted Pricing: BeingCert will offer Authorized Partner special discounted pricing on BeingCert Products as outlined in Schedule 1, which includes the pricing schedule.
- Annual Requirement:Throughout each term of this Agreement, the Authorized Partner shall be eligible for a tiered discount on BeingCert Products, determined by the quantity of BeingCert IT certification exam purchased by the Authorized Partner. The discount levels and corresponding pricing are outlined in Schedule 1, which may be periodically updated by BeingCert.
- Instruction and Curriculum:The Authorized Partner shall provide training courses specifically designed to equip learners for one or more BeingCert certification exams, which will be referred to as "BeingCert Training Classes." As part of this commitment, the Authorized Partner agrees to procure BeingCert certification training for each learner enrolled in a BeingCert Training Class. The Authorized Partner is responsible for ensuring that any instructor assigned to teach a BeingCert Training Class meets the following requirements:
- The instructor must hold the necessary certifications required to teach the specific BeingCert Training Class. These certifications validate their expertise and knowledge in the subject matter.
- Expertise and Experience: The instructor should have substantial expertise and experience in the relevant field of the training class. They should possess a deep understanding of the subject matter, industry standards, best practices, and real-world application.
- Certification Testing:The Authorized Partner will provide learners attending a BeingCert Training Class with the choice to take a BeingCert certification exam in one of two ways: either
(i) through an online testing provider that has been pre-approved in writing by BeingCert or (ii) at a physical testing site operated by Pearson VUE. In the event that the Authorized Partner is already an approved testing provider, they agree to continue maintaining their status as a Pearson VUE testing site for the entire duration of the agreed-upon term.
- Marketing and Co-Branding:The Authorized Partner commits to endorsing the significance of BeingCert certifications and the range of BeingCert Products, both through promotional materials, websites, and other associated resources.
- Notice of Pricing Changes/New Product Pricing:BeingCert aims to inform Authorized Partners about any changes in pricing for BeingCert Products offered to Authorized Partners. This notification will be provided in writing, at least thirty (30) days prior to the effective date of the changes. The notice will also include updated expiration dates. Once the expiration dates mentioned in the notice have passed, the existing Schedule 1 will be automatically replaced by the updated Authorized Partner pricing and expiration dates for BeingCert Products. This update will take effect without the need for the parties to sign a new Agreement, Exhibit, or Schedule 1.
- BeingCert will inform the Authorized Partner in writing, at least 30 days in advance, about the pricing of any new BeingCert Products that are introduced. This notification will serve as an addition to or replacement of Schedule 1, without requiring the Parties to sign an updated version of Schedule 1, if applicable (for example, when a new BeingCert Product replaces an existing one). It is important to note that BeingCert reserves the right to make changes to the list of BeingCert Products offered for sale to the Authorized Partner or any other buyer, including adding, removing, correcting, revising, or modifying the products themselves, at its sole discretion. The term "BeingCert Products" encompasses all available BeingCert IT certifications and any related BeingCert-owned IT certification exam preparation materials in digital or print format, designed for self-study or instructor-led contexts. This includes BeingCert Books/print books, BeingCert Labs, CertMaster Practice, and CertMaster Learn.
Schedules to be provided:
Schedule 1: Authorized Partner Pricing