Certified Operator Agreement

Please read this agreement and fill out the form below at the Testing Center before taking the NewTek Certification Exam.
1. Introduction. Read this document carefully. It constitutes a legal agreement between you, the applicant (“Applicant”) for NewTek Certified Operator status, and NewTek, Inc. (“NewTek”) pertaining to the NewTek Products identified below in paragraph 2a. By signing this agreement and taking the exam, you are agreeing to accept all of the following terms and conditions, and failure to meet or any breach of them, may result in failure of the exam and/or loss of any certification.
2. Nature of Certification.
a. The Products for which the Applicant seeks to be examined and for which NewTek Certified Operator Status applies are as follows: (select the appropriate product on the form below)
 TriCaster Pro Line (410, 460, 860, 8000v2)
 TriCaster 8000;  TriCaster 40;
 TriCaster 855(855, 455);  3Play 4800;
b. The Certification, if granted, is that NewTek certifies that Applicant has passed NewTek’s Exam demonstrating a basic knowledge of the operation of the NewTek Products, Applicant may not assert that the Exam is NewTek’s certification that Applicant is an expert or experienced in the Product operation, or that it is a certification that Applicant is certified in the operation of anything other than the current version of the specific Product to which the Exam pertains. . .
3. Requirements for Certification. To obtain Certification, Applicant must meet the following requirements:
a. Take and pass the Exam, in accordance with Exam requirements and rules, which are incorporated into this agreement as in stated here, that demonstrate a level of understanding of the Product and its operation, as well as the expectations of a Certified Operator under this agreement, as NewTek in its sole discretion determines.
b. Provide evidence satisfactory to NewTek, in its sole discretion, that Applicant has sufficient experience operating the Product so as to demonstrate a working hands-on knowledge of the Product at a level satisfactory to NewTek. This may be in the form of letters, demonstration, or other means allowed by NewTek, from time to time.
c. Provide any other proof of a certain level of competence satisfactory to NewTek.
d. Acknowledge and agree to keep the Exam contents confidential regardless of whether Applicant passes the Exam.
e. Pay any applicable Exam Fees.
4. Terms of Certification. Certification is subject to the terms of this agreement, including the following:
a. If Applicant passes the Certified Operator Exam (“Exam”) for the Product and meets any other requirements listed herein, Applicant will be granted NewTek Certified Operator status.
b. The Term of the Certification status is for two years from the date of taking of the Exam.
c. Certification is valid only for the Product and for the Term stated herein, and is revocable as set forth herein.
5. Obligations and Conditions. If Applicant is granted Certification status, Applicant agrees:
a. To act in a legal and professional manner, and act in a competent manner pertaining to the operation of the Product, at all times while a NewTek Certified Operator.
b. To keep a NewTek account active with Applicant’s current email address and physical address. This information is used to maintain the database of certified operators, as well as to determine Applicant’s residence city during a location-based search of the Certified Operator Directory.
c. That Applicant’s name and email address, and city, may be added to the searchable Certified Operator Directory on the NewTek website; however, if Applicant wants its name and contact information removed from the site, Applicant may send a written request to [email protected]
d. Not to represent to the public or in any forum, that Applicant is certified for anything other than the Product for which Applicant has passed a Certification Exam.
e. To maintain the Confidentiality of the Exam contents.
6. Termination and Revocation of Certified Operator Status
a. Upon the expiration of the Certification, or revocation of the Certification status, Applicant agrees to cease any further use in any way of the Certification mark, or other NewTek trademarks.
b. Certification status can be revoked at NewTek's sole discretion for the following:
i. Breach of any condition of this Agreement;
ii. Illegal and/or unprofessional behavior
iii. Disparaging NewTek, its trademarks, its reputation and good will, its products, and/or its customers.
iv. If, for any reason, NewTek deems, due to Applicant’s conduct, status, or otherwise, that in NewTek’s sole discretion Applicant’s Certified Operator status is detrimental to NewTek's business, reputation, or interests.
c. NewTek is not liable to Applicant for any damages, loss of business or income, or inconvenience caused by any revocation.
7. Non-disclosure. Applicant agrees to keep the Exam contents, questions, and answer choices confidential and not to disclose or divulge them in whole, or in part, or in any way, direct or indirect, publicly or privately, including Testing Center staff. Testing Center Staff may or may not have seen the Exam and they are there to administer only. This non-disclosure provision remains in effect permanently, even if Applicant’s Certification status lapses or is revoked by NewTek. Applicant must sign this Certified Operator Agreement acknowledging his/her agreement to abide by this provision.
8. Testing Process and Rules. The Testing Process and Rules are as set forth in more detail herein and in any additional materials provided to Applicant at or before the time of the Exam, or on the Exam Details webpage at www.newtek.com/support/certified/exam-details.html. Applicant agrees to follow them, and understands failure to do so may result in failure and/or revocation of Certification that may have been erroneously granted. These rules include:
a. Certification Exams are given and proctored at NewTek Authorized Testing Centers. Applicant must contact the Testing Center of his/her choice directly to schedule an appointment to take the Exam. It is Applicant’s responsibility to make himself/herself aware of the test rules and policies, including those pertaining to nonrefundable fees, before making an appointment. If Applicant cannot make the testing appointment, Applicant must notify the Testing Center immediately. The policy on rescheduling fees and non-refundable deposits is solely at the discretion of the Testing Center and NewTek.
b. Applicant will appear at the Testing Center at the agreed upon time with at least one form of government-issued photo identification such as a driver's license or passport. Applicant will not be allowed to bring anything into the exam area. All electronic devices, cell phones, backpacks, Blackberries, etc. must be left outside the room and neither NewTek, nor the Testing Center, will be liable for any such property. Applicant is not allowed to talk with anyone during the Exam or get help with any questions. If a technical problem occurs with the Exam or the computer on which Applicant is taking it, Applicant must bring that to the proctor's attention immediately. Applicant is reminded not to disclose the Exam questions to the proctor or Testing Center staff. They are NOT permitted to discuss specific questions or answer choices with Applicants.
c. Applicant must agree to accept NewTek's decision on the Exam score as final.
9. Certification Mark and Trademarks
a. As a Certified Operator, Applicant may utilize the Certification Mark shown in Exhibit A only, and only according to the terms and conditions herein and according to NewTek’s certification mark usage policies in effect from time to time. Applicant may not revise, alter or change the mark in any way except to shrink or expand its size as needed. Applicant may not use any other NewTek logo trademarks. Any use of the NewTek trademarks, such as NewTek and TriCaster, must be used only in accordance with NewTek trademark policies available on its website, including tm or other appropriate notation, and indicate that the mark is a trademark of NewTek, Inc.
b. The Certification mark may be used in Applicant’s resume, business cards, or other promotional and informational materials, placed on shirts, hats or other clothing in appropriate places, only if Applicant has active Certification status and only relating to the Product. NewTek reserves the right to approve or reject any use on clothing or elsewhere that is not consistent with professional attire or use as determined by NewTek in its sole discretion.
c. Applicant may only use the marks, whether verbally, in writing, or elsewhere, to indicate Applicant’s accurate Certified Status.
d. Applicant may not imply he/she is an agent or employee of NewTek at any time unless NewTek expressly states otherwise in writing by separate agency agreement.
10. Copyrights and other Intellectual Property. Applicant agrees and acknowledges that NewTek owns all copyrights to the Exam, and all trademarks relating to it and the Product. Applicant will not in any way copy the Exam or portions thereof, and will not challenge any Copyrights, Trademarks or other Intellectual Property rights of NewTek.
11. Transferability. Applicant’s Certification status and benefits are not transferable to another person, and only persons, not businesses or corporate entities, are eligible for Certified Operator status.
12. No Warranties. NewTek does not warrant or guarantee Applicant’s successful completion of any certification program or exam, and does not warrant that achieving Certified Operator status suggests applicant should be qualified to perform any and all tasks pertaining to the product. Achieving Certification status does not guarantee Applicant qualifies for any particular employment, nor does it guarantee Applicant will have increased business prospects, and NewTek makes no such warranties or representations.
13. Indemnity. Applicant agrees to indemnify and hold NewTek harmless for all damages or other losses incurred by NewTek as a result of Applicant’s violation or breach of these terms, or otherwise sustained as a result of the conduct or misconduct, including for any misrepresentations of Applicant as a Certified Operator.
14. Applicable Law. This agreement is governed by the laws of Texas, and the parties agree to jurisdiction there.
Agreement revised 12/23/13
By signing this agreement, on paper or electronically, Applicant agrees to abide by its terms and conditions. [If submitting this form on-line, typing your name in the “Sign Your Name” box constitutes signing the form.]
Sign: ________________________________________________
Print: ________________________________________________
Date: ________________________________________________