This Examiner Agreement ("Agreement") is made and entered into by and between the following Parties: The Open Group, Thames
Tower, 37-45 Station Road, Reading, England, RG1 1LX , and You
(the Supplier as defined below).
Whereas, the Supplier wishes to apply for a batch of
examination papers to be issued as part of
the S/MIME Secure Messaging Certification
program ("the Certification Program"); and
Whereas, The Open Group is the Certification Authority ("CA") operating the Certification Program in accordance with the terms of
the S/MIME Secure Messaging Certification Policy.
Now therefore, in consideration of the mutual rights and obligations of the Parties set forth below, the Parties agree as
follows:
1. Definitions:
For purposes of this Agreement, the following terms shall have the following meanings:
Certification Policy
The "S/MIME Secure Messaging Certification Policy" document, as amended from time to time by The Open Group, currently available at
http://www.opengroup.org/ssm/cert/ .
Certification Register
The official list of all Certified Products, Services and Individuals, which is maintained by the Certification Authority and made publicly available via
the internet.
Person
Includes a body of persons whether or not incorporated.
Registration Form
A web form completed by the Supplier to register a batch of one or more Individuals for certification.
The form contains information on the Individual(s) to be certified.
2. The Certification Authority's Obligations
Issue of Examination Papers
In the case of S/MIME Secure Messaging Certified the CA will
cause the issue of examination papers within 10 business days of receipt
of a complete application (note that payment is required to
complete an application).
3. The Supplier's Obligations
The Supplier undertakes to hold the examination papers
as confidential information releasing them only
to bona fide candidates.
The Suppliers agrees to keep the examination
answers confidential and not to disclose them to any third party.
Under no circumstances shall the answers be made available to Candidates.
The Supplier will evaluate each completed examination script against applicable Conformance Requirements and make a written
recommendation regarding certification within the examination script. This recommendation will be made within six (6) business days
of the completion of the examination by the Candidate.
Should an examination script be assessed as non-conforming, the Supplier shall state the reasons in writing to the Candidate and allow at
least one further resubmission on a timescale as agreed with the Candidate.
The Supplier agrees to submit the completed examination
scripts to the Certification Authority when submitting the
Individual Candidate for certification within the Web Certification system.
Payment
Payment is required to complete a submission for issuance of
examination papers.
Payment must be by credit card at the time of registration.
The Certification Authority will
not issue the examination paper
until payment details have been confirmed.
4. General
Entire Agreement
This Agreement including any documents referred to therein (as amended from time to time) together with all other forms relating to
this Agreement submitted and accepted by both Parties constitutes the entire agreement and supersedes all prior oral or written
agreements, understandings, or arrangements between the Parties relating to such subject matter. Neither Party shall be entitled to
rely on any agreement, understanding, arrangement, or representation relating to the subject matter of this Agreement which is not
expressly contained in this Agreement and no change may be made to this Agreement except in writing and signed by duly authorized
representatives of both Parties.
Waiver of Rights under this Agreement
No failure or delay on the part of either of the Parties to exercise any right or remedy under this Agreement shall be construed or
operate as a waiver thereof nor shall any single or partial exercise of any right or remedy preclude the further exercise of such
right or remedy as the case may be.
Notices
Any notice or other document to be given under this Agreement shall be in writing in the English language and, except in
circumstances where this Agreement specifically provides for notices by electronic mail, shall be deemed to have been duly given if
sent by hand or by recorded delivery or registered post, or by facsimile (subsequently confirmed by post) to a party at the
specified address for that party, unless a different address has been notified to the other in writing for this purpose. The
specified address for the CA is the address set out above, and the specified address for the Supplier is the address provided for
the primary contact on the Registration Form, as entered into the web-based certification system. Notices shall be deemed to
have been received by the addressee within 72 hours of posting as above or within 24 hours if sent by hand or facsimile to the
addressee's correct address.
Interpretation
The headings in this Agreement are inserted only for convenience and shall not affect its construction.
Where appropriate words denoting the singular only shall include the plural and vice versa.
Term and Termination.
This Agreement comes into effect at the date of acceptance and will expire only if explicitly terminated:
At any time upon six months' written notice by either Party to the other; or
If a period of 30 days has elapsed from one Party notifying the other Party of a breach of this Agreement or of the terms of
the Certification Policy, and such a breach has not been rectified to the satisfaction of the other Party.
Notwithstanding the termination of this Agreement for any reason, the obligations of non-disclosure in respect of any confidential
information disclosed prior to such termination shall survive for a period of 5 years following such termination.
Governing Law
This Agreement shall be governed by the laws of England and the Parties hereby submit to the non-exclusive jurisdiction of the
English courts.
5. Fees
The Fees described at http://www.opengroup.org/ssm/cert/docs/Fee_Schedule.html are quoted net of all applicable taxes and duties
which, where appropriate, will be payable by the Supplier,
as applicable, to the CA (or to the relevant tax authorities as applicable) in addition.
Payment
The CA will charge the applicable fee upon submission of a completed application. The supplier agrees to incurr the
applicable fee for each application.
Fees are payable in U.S. dollars and will be debited against the credit card provided to the CA in the web-based certification
system or by other arrangement with the CA (check or wire transfer). Fees are non-refundable.
6. Execution
By clicking on the "I accept" button below, the Supplier:
Hereby acknowledges reading and understanding of this agreement.
Agrees to be bound by the terms of the Certification Policy and this Examiner Agreement.
Warrants and represents that all products, services or individuals which share the name defined in the Registration Form ,
as entered in the web-based certification system, meet the applicable conformance requirements.
Warrants that NO MATERIAL CHANGES have been made to this Agreement since it was made available to the Supplier by the CA in
an electronic format;
and by clicking on the "I accept" button below, the Supplier agrees that all these obligations, and those described in the
Confidentiality and Indemnity clauses of this Agreement shall survive the termination of this Agreement.
* Note that the accept button is only available within the
certification system
