LOC Certified Manager™
Program Candidate Agreement
Name
__________________
(Please Print)
LOC
Global and you hereby agree that the following terms and
conditions (the “Agreement”) shall govern your participation in
the LOC Certified Manager Program (the “Program”).
-
Eligibility.
This program is available to any candidate who has satisfied the
applicable training requirements.
-
Certification Requirements. The
Program shall be comprised of different levels of certification as set forth in the
program requirements. Certification
for each level shall be based upon successful completion of the
applicable training and testing identified in the program
requirements,
acceptance of the terms of this Agreement, payment of the
applicable fees identified in the program requirements, and compliance
with any additional requirements identified in the program
requirements. LOC shall have the right, at any time, to change the
requirements for obtaining and maintaining each level of
certification. Once Program Certification is granted, you may
maintain your certification by completing, within the time frame
specified by LOC, all continuing certification requirements. LOC
will announce, on its website, the establishment of any
continuing certification requirements. You are
responsible for keeping yourself informed of LOC’s continuing
certification requirements and for maintaining your
certification. If you do not complete the continuing
certification requirements within the time frame specified by
LOC, your certification will be revoked without further notice,
and all rights pertaining to that certification (including all
rights to use the Program Designations and Logos), will
terminate. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE
CONTRARY, LOC HAS THE RIGHT NOT TO GRANT OR RENEW YOUR
CERTIFICATION IF LOC REASONABLY DETERMINES THAT YOUR
CERTIFICATION OR USE OF THE CORRESPONDING DESIGNATION AND LOGO
WILL ADVERSELY AFFECT LOC.
-
Certification Grant. When you
have successfully completed each of the requirements for a
particular level of certification, LOC will provide you with
written notice that you have achieved Program Certification
status, and at that time, subject to the terms and conditions of
this Agreement, LOC will grant to you a personal, nonexclusive,
nontransferable right to designate yourself with a specified
Program Designation, and to use a specified Program Logo on your
business literature for the sole purpose of promoting your
experience and qualifications related to the use of the
applicable LOC processes and for no other purpose. Your grant
of such right does not extend to any third parties, and nothing
in this Agreement shall give you any right, title or interest in
the Program Designations or Logos or any associated goodwill,
other than the rights granted expressly herein. You may not use
or reproduce the Program Designations or Logos in any manner
whatsoever other than as described herein or in the program
requirements. You may commence use of the Program Designation specified
by LOC and the Program Logo provided by LOC upon receipt of
written notice from LOC that you have achieved Program
Certification status. When this Agreement terminates, you agree
immediately to cease all use and display of all Program
Designations and Logos. Except as specifically provided herein,
you shall have no further rights or obligations under this
Agreement after termination.
-
Quality and Conduct of
Business. You agree to conduct business in a manner
that reflects favorably at all times on the products, goodwill
and reputation of LOC. You agree to avoid deceptive, misleading
or unethical practices that are or might be detrimental to LOC
or its products. You agree that the nature and quality of the
services provided by you in connection with your Program
Certification shall be of the highest quality and integrity and
otherwise conform to standards satisfactory to LOC. You agree to
comply with all applicable laws and regulations and obtain all
appropriate government approvals pertaining to the sale,
distribution and advertising of the services provided
by you in connection with your Program Certification.
-
Term.
This Agreement will commence on the date you
receive written notice from LOC that you have met all the
Certification Requirements, and will terminate as provided in
this Agreement. The term during which you may use the specified
Program Designation and Logo shall continue until terminated,
provided that you have complied with all continuing
certification requirements.
-
Termination. Either party may
terminate this Agreement and your Program Certification, with or
without cause, by giving thirty days prior written notice to the
other party. LOC may elect to terminate this Agreement and your
Program Certification immediately on written notice, upon your
failure to comply with the continuing certification requirements
as provided in Section 3 above, or upon your failure to perform
any of your obligations under this Agreement.
-
No Warranties. LOC MAKES, AND
YOU RECEIVE, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS,
IMPLIED OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF
THIS AGREEMENT. LOC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY
FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF ANY THIRD PARTY RIGHTS. IN NO EVENT SHALL LOC
BE LIABLE FOR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE)
ARISING OUT OF THIS AGREEMENT OR INCURRED BY ANY PARTY, WHETHER
IN AN ACTION IN CONTRACT OR TORT, EVEN IF LOC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. LOC'S LIABILITY FOR DAMAGES
HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES ACTUALLY
PAID TO LOC UNDER THIS AGREEMENT.
This Section shall survive termination or expiration of this
Agreement for any reason.
-
Indemnification. You agree to
indemnify and hold LOC harmless against any loss, liability,
damage, cost or expense (including attorneys’ fees) arising out
of any claims or suits, whatever their nature and however
arising, which may be brought or made against LOC (i) arising
out of your use of the Program Designation or Logo licensed
herein; and/or (ii) for any personal injury, property damage or
other claims which are caused, directly or indirectly, in whole
or in part, by your negligent or illegal acts or omissions. The
foregoing includes but is not necessarily limited to such claims
made against LOC by persons who acquired goods or services from
you.
This Section shall survive termination or expiration of this
Agreement for any reason.
-
No Warranties by You. In
no event shall you have any right to make any representation,
warranty, or promise on behalf of or binding upon LOC.
-
Governing Law. Jurisdiction, and Venue.
This Agreement shall be governed by and construed in
accordance with the substantive and procedural laws of the State
of California, without reference to conflict of laws principles,
and any suit relating to this Agreement shall be instituted in
any state or federal court in Los Angeles County, California. You expressly consent to the jurisdiction
of any state or federal court in Los Angeles, California.
This Section shall survive termination or expiration of this
Agreement for any reason.
-
Waiver and Severability. The
waiver by either party of any default or breach of this
Agreement shall not constitute a waiver of any other or
subsequent default or breach. In the event any provision of this
Agreement is determined to be invalid or unenforceable by a
court of competent jurisdiction, then the other provisions of
this Agreement shall continue in full force and effect.
-
No Assignment. This Agreement
may not be assigned by you, in whole or in part. Any attempted
assignment shall be null and void.
-
Independent Contractors. You
acknowledge that both parties are independent contractors. You
will not represent yourself as an agent or legal representative
of LOC Global, or any subsidiary thereof, based upon this
Agreement or grant of Program Certification.
-
Entire Agreement. This
Agreement constitutes the complete agreement between the parties
and supersedes all prior or contemporaneous agreements or
representations, written or oral, concerning the subject matter
of this Agreement. This Agreement may not be modified or amended
except in writing signed by a duly authorized representative of
each party; no other act, document, usage or custom shall be
deemed to amend or modify this Agreement.
CANDIDATE SIGNATURE ______________________________
COMPANY: __________________________________________
RETURN
TO:
Professional Certification
LOC Global
10600 Wilshire Blvd., Suite 214
Los Angeles, CA 90024
8/1/2002
|
