CyberCertify.me, a service of Cyber Security Training and Consulting LLCand/or its subsidiaries (collectively “CyberCertify”) is willing to enter into this CyberCertify.me Authorized Training Reseller Program Agreement, as further defined below (“Agreement”) with you as an individual, the company, or the legal entity (“You”, “Your”, or “Yourself”) that will be authorized a member of CyberCertify’s program for Authorized Training Reseller (“ATR Program”) (each such ATR Program member, an “ATR”).
Read the terms and conditions of this Agreement carefully. This is a legal and enforceable contract between You and CyberCertify. By submitting your ATR Application, representing Yourself as a CyberCertify Authorized Training Reseller program member, requesting or receiving any benefits under this Agreement and the ATR Program, You agree to the terms and conditions of this Agreement. If You do not agree to the terms and conditions of this Agreement, then do not submit Your ATR Application, represent Yourself as an ATR Program member, or request or accept any ATR Program benefits.
The “Program Guide” means the then-current information so designated at https://cybercertify.me/atr/, or successor URL, that describes the CyberCertifyATR Program requirements and benefits. The published Program Guide contains the global base terms for the ATR Program, but may also at CyberCertify’s discretion, include additional or different region-specific, Solution-specific, or industry-specific program information, requirements and benefits as separately published to You via https://cybercertify.me/atr/(or successor URL) or otherwise notified to you by CyberCertify from time to time. The Program Guide is incorporated into this Agreement by this reference; if there is any contradiction between a provision in the Program Guide and the terms of this Agreement, the Program Guide will govern.
Subject to the terms and conditions of this Agreement, and CyberCertify’s acceptance of You into the ATR Program, CyberCertify appoints You as a non-exclusive member under the CyberCertifyATR Program. As an ATP, You must at all times meet the conditions and requirements of this Agreement, including the Program Guide and any supplemental terms and conditions relating to the ATR Program.
CyberCertify reserves the right, from time to time, to require information from You to confirm that You are fulfilling such conditions and requirements. You agree to cooperate with CyberCertify on all such inquiries and investigations, and to provide CyberCertify with all reasonably requested access and information relevant to verifying Your compliance with this Agreement and Your activities in connection with the ATR Program.
All personal information about Yourself and Your employees, contractors or representatives provided to us in the course of Your relationship with CyberCertify under the ATR Program, including without limitation names, telephone numbers, email addresses, financial information, and other personal information provided during the ATR Program application; participation in the ATR Program and or access and receipt of any of the ATR Program benefits will be processed by CyberCertify to conduct our relationship and to fulfill our respective commitments pursuant to the Symantec ATR Program, including, but not limited to, providing portal access, to effect any notices pursuant to the Agreement and to send You information regarding CyberCertify products, services, and events. Cyber Security Training and Consulting LLC is headquartered in the United States, and Your information will be transferred to the United States. By providing such personal information to CyberCertify, You represent and warrant that You have obtained all appropriate consents required for such transfer and processing. Unless otherwise expressly indicated, the information that CyberCertify asks from You is required for the performance and administration of the CyberCertifyATR Program. It will be Your responsibility to ensure that any personal information provided by You, Your employees, Your contractors or Your representatives is current, accurate and valid. You are advised that failure to maintain accurate and valid personal information may impede Your ability to properly avail of the ATR Program and ATR Program benefits. If You wish to update Your personal information, You may contact us by e-mail at email@example.com.
Notwithstanding CyberCertify’s right to modify the ATR Program terms and Program Guide as set forth in this Agreement, the following provisions “a” – “g” shall remain unmodified during Your membership in the ATP Program:
The terms and conditions of this Section shall survive the expiration and any termination of this Agreement.
This Agreement shall be governed and interpreted according to each of the following laws, respectively, without regard to its conflicts of law provisions, the laws of the State of Arizona.
You agree that any breach of this Agreement may result in irreparable harm to CyberCertify for which monetary damages may not be sufficient and that CyberCertify will be entitled to seek equitable relief without prejudice to any other rights or remedies that may be available to CyberCertify. If a court of law finds any provision of this Agreement unenforceable, the parties agree to replace the offending provision with an enforceable provision that most nearly achieves the intent and economic effect of the unenforceable provision.
You shall comply with all applicable laws, rules and regulations in connection with Your activity under this Agreement.
(i) anyone working in an official capacity for a non-U.S. government, government entity (including employees of government owned or controlled corporations) or public international organization;
(ii) any political party, party official, or candidate for political office;
(iii) an intermediary for payment to any of the foregoing;
(iv) any officer, director, employee of any actual or potential customer of CyberCertify;
(v) any officer, director or employee of CyberCertify or any of its affiliates; or
(vi) any other person or entity if such payment, offer or transfer would violate the laws of the country in which made or the laws of the United States of America.
It is the intent of the parties that no payments, offers or transfers of value shall be made which have the purpose or effect of public or commercial bribery, acceptance or acquiescence in extortion, kickbacks or other unlawful or improper means of obtaining or retaining business or directing business to any person or entity. You shall cooperate fully in CyberCertify’s efforts to enforce the terms of this provision, including but not limited to
c. No Conflict of Interest; Code of Conduct. You warrant and represent that You have full capacity and authority and all necessary consents to enter into and perform the obligations contained in this Agreement and that upon enrolling in the ATR Program You do not have, and during your membership in the ATR Program You shall not have, any conflict of interest which would violate applicable policies, regulations or laws. You shall obtain and maintain in force adequate or customary insurance with reputable insurers during the term of this Agreement. You acknowledge and agree that in no event shall the coverage limits affect or limit in any manner Your liability under Section 6.
This non-exclusive Agreement is entered into as of the date of execution by You and shall continue in effect until otherwise terminated in accordance with these terms. This Agreement shall be deemed executed by You on the date You submit your ATP Application. However, notwithstanding the above, both Parties acknowledge that Your right to receive ATR Program benefits is expressly conditioned upon CyberCertify’s written acceptance of You into the ATP Program; further, You agree that if You earlier represent Yourself as an ATR Program member or You request or accept any ATP benefits then, in any action to enforce CyberCertify’s rights, Your activities shall be deemed governed by the terms and conditions of this Agreement. Your membership of the ATR Program requires Your ongoing compliance with all terms of the Agreement including the Program Guide and all requirements thereunder. Either Party shall have the right to terminate this Agreement at any time without cause by written notice. Each Party shall use commercially reasonable efforts to give the other Party thirty (30) days’ notice of termination of this Agreement. Notwithstanding such 30-day notice provision, CyberCertify may terminate the Agreement for Your non-compliance with Sections 3, 4, 5, 6 or 7, for which notice shall be effective upon receipt. In the event of termination for reasons other than Your non-compliance, You may continue to deliver Training Sessions and using/distributing CyberCertifyContent under the terms of this Agreement, for Training Sessions scheduled before the effective date of such termination (not to exceed 90 days from the date of notice of termination).
Furthermore, this Agreement may at CyberCertify’s discretion be deemed terminated without notice or action by CyberCertify if
CyberCertify reserves the right to modify the ATR Program, including the Program Guide, including any condition, requirement or benefit. All such changes shall be effective upon notice to You or at such time that CyberCertify may specify, provided that CyberCertify will use commercially reasonable efforts to give You thirty (30) days’ notice of any material change to the ATR Program and/or Program Guide. Should You disagree with any change or modification, You may terminate this Agreement in accordance with its terms.
Any notice provided under this Agreement by You must be in writing and will be deemed given upon the earlier of actual receipt or ten (10) days after being sent by first-class mail, return receipt requested, to the attention of CyberCertify, Cyber Security Training and Consulting LLC, 112 North Central Avenue, Suite M09, Phoenix, AZ, USA 85004 or such address as provided by CyberCertify via written notice.
Any notice provided by CyberCertify under this Agreement, including changes to the Program Guide, may be furnished via post, email, or by publication on CyberCertify’s ATR partner website, https://cybercertify.me/atr/, or successor URL, that describes the CyberCertifyATR Program requirements and benefits.