Certification License Agreement

For information on Six Seconds’ emotional intelligence certification programs, please click here.

Introduction

Completing the requirements of the EQ Practitioner Certification conveys certain rights and responsibilities.  Under our license agreement, you, personally, become licensed to use some of Six Seconds’ intellectual property, a resource that’s been developed for many years and with considerable expense and contributions from many people around the world.

  • Just as reading a book does not mean you own that author’s ideas, attending a course does not give you any ownership of the course materials; instead, our license agreement gives you permission to use some of Six Seconds’ materials so long as you comply with the terms of the agreement, including using the materials in the manner permitted under the license agreement.
  • The license agreement permits you to use these materials in a certain manner, but it does not make them yours.
  • In accepting this role, you take responsibility for both properly sharing this material – and also safeguarding this property. This includes not deleting any copyright or other notices that Six Seconds includes in its materials.
  • To use the material, you must either be a “Certified subscriber” of the EQ.org Library – our online resource center for the certification network – or negotiate a license fee for your specific needs. You should not use the material to create or develop any materials or services that you represent as your own (or a third party’s) that are the same as, or substantially similar to, Six Seconds’ materials and services.

Under the license agreement, you also become licensed to represent yourself as a Six Seconds Certified Practitioner and use a special Six Seconds logo for this purpose.  This means the reputation of Six Seconds becomes partly your responsibility.  This is why the license must be renewed every year; part of that renewal is ensuring you are staying current and up-to-date with Six Seconds’ materials. Renewal requires documentation of 12 accredited continuing education units with Six Seconds, plus payment of any license fees or dues required. For more information, see the last module of your certification eLearning course.

Six Seconds is a NETWORK, a community of people committed to advancing a set of principles and skills to make positive change.  In becoming a “Certified subscriber”, you are committing to do your part to support and sustain this work.

This introduction is not intended to modify or amend the terms of our license agreement, and in the event of any conflict between this introduction and our license agreement, our license agreement will govern.  The full text of our license agreement is available at: 6sec.org/certlicense

Certification License Agreement

Revised May 22, 2018

THIS AGREEMENT (THE “AGREEMENT”) CONTAINS THE TERMS AND CONDITIONS UNDER WHICH SIX SECONDS GRANTS YOU (THE “PRACTITIONER”) A LICENSE TO USE THE SIX SECONDS’ MATERIALS.  PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE “I ACCEPT” BUTTON, AND/OR COMPLETING THE REGISTRATION PROCESS, THE PRACTITIONER REPRESENTS THAT (1) THE PRACTITIONER HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THIS AGREEMENT, AND (2) THE PRACTITIONER IS OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SIX SECONDS.  IF THE PRACTITIONER DOES NOT AGREE TO BE BOUND BY THIS AGREEMENT, THE PRACTITIONER MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES OR MATERIALS OFFERED ON THIS WEBSITE OR COMPLETE THE REGISTRATION PROCESS.  IN EXCHANGE FOR THE RIGHTS AND PRIVILEGES CONFERRED WITH CERTIFICATION AS A “SIX SECONDS CERTIFIED EQ PRACTITIONER,” THE PRACTITIONER HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS:

Non-Exclusive Licenses

1a. Grant of License in Six Seconds’ Materials. Subject to the terms and conditions of this Agreement, Six Seconds hereby grants to the Practitioner a non-exclusive, non-transferable, non-sublicensable license (i) to use materials that were provided by Six Seconds to Practitioner during the certification training attended by the Practitioner and/or on Six Seconds’ certified library website (collectively, the “Six Seconds’ Materials”) solely for the purpose of teaching, training , coaching or consulting conducted by the Practitioner (the “Permitted Purpose”).

1b. Grant of License in Six Seconds Trademarks. Subject to the terms and conditions of this Agreement, Six Seconds hereby grants to the Practitioner a non-exclusive, non-transferable, non-sublicensable license to use the applicable Six Seconds service mark (each a “Six Seconds Mark”) identified in Exhibit A (which Six Seconds may change from time to time) solely to indicate (if accurate and true) that the Practitioner is certified as a Six Seconds practitioner, coach educator, trainer or assessor.  The Practitioner shall not alter any Six Seconds Mark in any manner and shall not combine any Six Seconds Mark with any other trademark or service mark.  All use of the Six Seconds Marks by the Practitioner must be in accordance with Six Seconds’ brand guidelines located at http://confluence.6seconds.it/x/H4GK, which Six Seconds may change from time to time.  Six Seconds has the right to require the Practitioner to furnish from time to time samples of use of the Six Seconds Marks by the Practitioner.  Should Six Seconds find objectionable any use of the Six Seconds Marks by the Practitioner, Six Seconds shall have the right to revoke, with respect to the objectionable use, the rights granted to the Practitioner under this Agreement to use the Six Seconds Marks, and the Practitioner shall cease using the Six Seconds Marks in the manner found objectionable by Six Seconds.  Except as expressly permitted under this Section 1(b), the Practitioner may not use any trademark or service mark of Six Seconds without Six Seconds’ prior written consent. 

1c. Ownership. The Practitioner acknowledges that Six Seconds retains all rights (including, but not limited to, all copyright and trademark rights) in the Six Seconds’ Materials and the Six Seconds Marks.   The use of the Six Seconds Marks by the Practitioner will inure solely to the benefit of Six Seconds.

2. License Fees

The fees that the Practitioner paid to Six Seconds for the Six Seconds courses that the Practitioner has taken to receive certification from Six Seconds and the renewal fees that the Practitioner pays to Six Seconds for such certification are consideration for the licenses granted under Section 1(a) with respect to the Practitioner’s use of the Six Seconds’ Materials for the Practitioner’s personal use.   If the Practitioner wishes to use any Six Seconds’ Materials for teaching, training, coaching or consulting purposes, then Practitioner must first pay Six Seconds an annual license fee via a “Certified subscription” on EQ.org.  If the Practitioner wishes to use the Six Seconds’ Materials in any manner that associates Six Seconds and/or Six Seconds’ Materials with Practitioner’s company or other corporate entity, then Practitioner must negotiate and sign a separate agreement with Six Seconds to cover such usage.

3. Restrictions

3a. The Practitioner agrees to use Six Seconds’ Materials in good faith and in keeping with the 501 (c)(3) nonprofit status of Six Seconds. The Practitioner shall not use any Six Seconds’ Materials in a manner that is lewd or obscene; that discriminates against or libels any individual, group or entity; that would harm the reputation of Six Seconds; or that violates any applicable law or regulation.

3b. The Practitioner agrees to make every reasonable effort to protect Six Seconds’ copyrights and trademarks. The Practitioner shall not remove any copyright notices or other notices that Six Seconds includes in the Six Seconds’ Materials. 

3c. During the term of this Agreement, the Practitioner may use copies of the Six Seconds’ Materials that Six Seconds provides through the Six Seconds certified library web site, currently located at https://EQ.org/download and provide such copies of such Six Seconds’ Materials to third parties solely for the Permitted Purpose. Except as expressly permitted in the previous sentence, the Practitioner shall not copy the Six Seconds’ Materials, or provide any Six Seconds’ Materials to any third party, without Six Seconds’ prior written consent.

3d. The Practitioner shall not alter Six Seconds’ Materials in any way without Six Seconds’ prior written consent. The Practitioner shall not use the Six Seconds’ Materials to develop any materials or services represented as the Practitioner’s own that are the same as, or substantially similar to, Six Seconds’ materials and services.   Except for the license granted under Section 1(a), all other uses of the Six Seconds’ Materials by the Practitioner (including, but not limited to, incorporating the Six Seconds’ Materials, or any portion of such materials, into books, games or online applications using any Six Seconds’ Materials to certify third parties regarding any Six Seconds methods or services) are prohibited.  The Practitioner must comply with all of the terms of the Terms of Use policy posted on Six Seconds’ website (at http://6sec.org/terms).  Six Seconds may, by written notice to the Practitioner, request that the Practitioner delete, amend or correct any item of the Six Seconds’ Materials if Six Seconds believes that such item is erroneous, outdated or may give rise to liability for Six Seconds or the Practitioner.  The Practitioner will comply with each such request as soon as possible after the Practitioner’s receipt of the request.

4        Term and Termination

4a. The term of this Agreement will begin on the date that the Practitioner completes the Six Seconds certification process, and, unless earlier terminated in accordance with this Agreement, shall last for one year.

4b. Six Seconds may terminate this Agreement upon written notice sent to the Practitioner’s address specified by the Practitioner during the registration process on Six Seconds’ website if the Practitioner breaches this Agreement.  In addition, Six Seconds shall have the right, upon 30 days written notice sent to such address, to terminate this Agreement.  Upon the expiration or termination of this Agreement, the Practitioner shall cease using all Six Seconds’ Materials.  Unless Six Seconds terminates this Agreement under the first sentence of this Section 4(b), if the Practitioner has purchased Six Seconds’ Materials from Six Seconds in the ninety (90) day period immediately preceding such termination by Six Seconds that the Practitioner can no longer use due to this termination, Six Seconds agrees (at the Practitioner’s request) to repurchase these current Six Seconds’ Materials from Practitioner at Practitioner’s cost (that is, the amount that the Practitioner paid to Six Seconds for such Six Seconds’ Materials) within thirty (30) days following such termination.

4c. Sections 1(c) and 3-9 will survive the expiration or termination of this Agreement.

5       Representations and Warranties

5a. Disclaimer of Representations and Warranties. SIX SECONDS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5b. eu Personal Data Warranty. Practitioner represents, warrants and undertakes that it has complied, and shall comply, with its obligations under Data Protection Laws, including, without limitation, obtaining valid and effective consent from EU Data Subjects for the transfer of EU Personal Data to Six Seconds and the processing and storage of EU Personal Data by Six Seconds envisaged by the terms of this Agreement. Practitioner agrees to indemnify, keep indemnified and defend at its own expense, Six Seconds against all costs, claims, damages or expenses incurred by Six Seconds or for which Six Seconds may become liable (including, without limitation, any claim brought by a EU Data Subject against, or fine imposed by a regulator upon, Six Seconds) due to: (i) Practitioner’s breach of any representation, warranty or undertaking contained in this paragraph; and (ii) any failure by Practitioner, its employees, or its agents to comply with Data Protection Laws.  For purposes of this Agreement, the following terms will be defined as follows:

                  5b(i) “Data Protection Laws” means any data protection, privacy or similar laws or regulations anywhere in the world relating inter alia to the processing or other use of personal data, including the GDPR, that apply in relation to any Personal Data processed in connection with the Services or this Agreement;

                                  5b(i)(1) “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and to the extent the GDPR is no longer applicable in the United Kingdom, any implementing legislation or legislation having equivalent effect in the United Kingdom.

                  5b(ii) “EU Data Subject” shall have (until 24 May 2018) the meaning prescribed to “Data Subject” under the Directive and (from 25 May 2018) the meaning given to “Data Subject” under the GDPR;                       

                                  5b(ii)(1) “Directive” means European Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as amended or superseded from time to time; and

                  5b(iii) “EU Personal Data” shall have (until 24 May 2018) the meaning prescribed to “Personal Data” under the Directive and (from 25 May 2018) the meaning given to “Personal Data” under the GDPR.

6         Indemnification

Six Seconds shall indemnify, defend and hold harmless the Practitioner from and against any and all judgments, settlements, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Liabilities”) arising out of any third party claim alleging that the Six Seconds’ Materials and/or the Six Seconds Marks (in each case as provided by Six Seconds hereunder and used as permitted under this Agreement)  violate or infringe any intellectual property right of any third party.  The Practitioner shall indemnify, defend and hold harmless Six Seconds from and against any and all Liabilities arising out of any third party claim relating to the Practitioner’s breach of this Agreement.

7         Limitation of Liability

EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION OR ARISING OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS, EACH PARTY’S LIABILITY TO THE OTHER SHALL NOT, IN THE AGGREGATE, EXCEED THE TOTAL AMOUNT PAID BY THE PRACTITIONER TO SIX SECONDS UNDER THIS AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRIOR TO THE DATE THAT A CLAIM ARISES.

8         Confidentiality and Data Protection and Security

Confidential Information. “Confidential Information” means (i) proprietary or trade secret information which is clearly labeled or designated in writing as confidential by the disclosing party; and (ii) any non-public information concerning a party’s business, procedures, or plans.  “Confidential Information” shall not include information that the receiving party can demonstrate (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving party; (b) was known to the receiving party as of the time of its disclosure; (c) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (d) is subsequently learned from a third party that, to the receiving party’s knowledge, is not under a confidentiality obligation to the disclosing party.    Each party agrees that it will not, during the term of this Agreement and for one (1) year thereafter, disclose to any third party any Confidential Information received from the other, except as may be required by law.  Upon termination or expiration of this Agreement, or at the request of the disclosing party, the receiving party shall (at its option) return the disclosing party’s Confidential Information to the disclosing party, or destroy it and, upon the disclosing party’s request, certify that it has taken such action.

8b. GDPR. 

                  8b(i) Compliance. Practitioner shall comply with its obligations under applicable Data Protection Laws.  Practitioner shall ensure that all Practitioner employees, subcontractors and other personnel shall comply with obligations that are equivalent to the obligations imposed on Practitioner under this section to the extent that such Practitioner employees, subcontractors and personnel carry out any processing of Six Seconds Personal Data under or in connection with this Agreement. Practitioner shall not do any act that puts Six Seconds in breach of its obligations under applicable Data Protection Laws, and Practitioner shall notify Six Seconds if in Practitioner’s opinion performance of a Six Seconds instruction would result in breach of applicable Data Protection Laws. Nothing in this Agreement shall be deemed to prevent Six Seconds from taking the steps it reasonably deems necessary to comply with applicable Data Protection Laws.  “Six Seconds Personal Data” means EU Personal Data that is processed by Practitioner or any Practitioner employees, agents or personnel in performing its obligations under this Agreement or which is otherwise made available directly or indirectly to Practitioner or its employees, agents or personnel by Six Seconds.

                 8b(ii) General. The parties acknowledge that: (i) Six Seconds alone shall determine the purposes for which and the manner in which Six Seconds Personal Data is, or is to be, processed in the performance of this Agreement; (ii) Six Seconds shall be the Data Controller in respect of all Six Seconds  Personal Data; (iii) Practitioner shall be the Data Processor in respect of Six Seconds Personal Data; and (iv) Practitioner shall only process Six Seconds Personal Data for the limited purpose of performing its obligations under, and during the term of, this Agreement. “Data Controller” shall have (until 24 May 2018) the meaning prescribed under the Directive and (from 25 May 2018) the meaning given to it under the GDPR.  “Data Processor” shall have (until 24 May 2018) the meaning prescribed under the Directive and (from 25 May 2018) the meaning given to it under the GDPR.

                 8b(iii) Requests. In a manner that conforms to any timescales set out in applicable Data Protection Laws, (and, in any event, as soon as reasonably practicable, if sooner, or as specified below in this section), Practitioner shall comply with any written request by Six Seconds to: (i) correct or delete inaccurate Six Seconds Personal Data; (ii) provide a copy of Six Seconds Personal Data relating to an EU Data Subject in the possession or control of Practitioner; (iii) provide information about the Processing of Six Seconds Personal Data including information (or a report in sufficient detail if requested by Six Seconds, within thirty (30) days of such request) about the technical and organizational security measures that it uses to comply with the Practitioner Security Obligations or information about how its processing of Six Seconds Personal Data complies with applicable Data Protection Laws; (iv) within ten (10) days of such request or notice (as applicable) from Six Seconds, assist and provide the required information in respect of any request or notice, or any anticipated request or notice, by or on behalf of any EU Data Subject or by the Information Commissioner’s Office or any other supervisory authority in respect of Six Seconds Personal Data; and (v) otherwise provide reasonable assistance to Six Seconds as necessary to allow Six Seconds to comply with applicable Data Protection Laws.

                 8b(iv) Use. Practitioner shall not, without Six Seconds’ prior written consent: (i) use Six Seconds Personal Data for Practitioner’s own purposes; (ii) transfer any Six Seconds Personal Data to, or allow access to any Six Seconds Personal Data by, third parties (whether a subcontractor or otherwise); (iii) transfer any Six Seconds Personal Data, or allow Six Seconds Personal Data to be accessed from outside of the country in which it was received by Practitioner (other than to or from a country in the European Economic Area); (iv) carry out the processing by automatic means of any Six Seconds Personal Data for the purpose of evaluating matters about an EU Data Subject that constitutes the sole basis for any decision that significantly affects such Data Subject.

                 8b(v) Complaints. Practitioner shall promptly notify Six Seconds if any complaints are received by Practitioner from third parties about the processing of Six Seconds Personal Data, and Practitioner shall not make any admissions, settle or take any action which may be prejudicial to the defense or settlement of any such complaint and shall provide to Six Seconds such reasonable assistance as it may require in connection with such complaint. If Practitioner acquires, on behalf of Six Seconds, any EU Personal Data from EU Data Subjects as part of the Services, Practitioner shall give such individuals a data protection notice describing the intended use of such EU Personal Data, in a form provided by Six Seconds. Without prejudice to its other obligations under this Agreement, if Practitioner becomes aware of any unauthorized, unlawful or dishonest conduct or activities or any breach of this section (including the occurrence of any Data Breach), Practitioner shall immediately notify Six Seconds and provide all relevant information reasonably required by Six Seconds about such conduct, activities and/or breaches.  “Data Breach” means any security breach, or any similar or equivalent comprise which leads to the unintended, accidental, unauthorized or unlawful loss, disclosure of, or access to, EU Personal Data (or any part thereof) by any third party.

                 8b(vi) Practitioner Security Obligations. Practitioner acknowledges that it is obliged to comply with the Practitioner Security Obligations (including management of on-going compliance and effective security management) in respect of Six Seconds Personal Data and, in particular, that it shall comply with the following obligations: (i) take appropriate technical and organizational security measures to safeguard against any unauthorized and unlawful processing of Six Seconds Personal Data and against any accidental loss or destruction of, or damage to, EU Personal Data; (ii) only process Six Seconds Personal Data in accordance with written instructions given by Six Seconds; (iii) take reasonable steps to ensure the reliability of those Practitioner employees, agents or other personnel that have access to Six Seconds Personal Data; and (iv) ensure that all Practitioner employees, agents or other personnel involved in processing Six Seconds Personal Data have undergone reasonably adequate training in the care and handling of EU Personal Data.

                 8b(vii) Indemnity.  Practitioner agrees to indemnify, keep indemnified and defend at its own expense, Six Seconds against all costs, claims, damages or expenses incurred by Six Seconds or for which Six Seconds may become liable (including, without limitation, any claim brought by an EU Data Subject against, or fine imposed by a regulator upon, Six Seconds) due to: (i) Practitioner’s breach of any obligation contained in this section; and (ii) any failure by Practitioner, its employees, or its agents to comply with Data Protection Laws.

                     8b(viii) Audit. Practitioner shall permit Six Seconds to carry out, and assist Six Seconds with, audits of Practitioner’s security and data protection controls, policies and procedures in relation to the processing of personal data pursuant to this Agreement, including compliance with the Practitioner Security Obligations.

9         Miscellaneous 

The Practitioner may not assign this Agreement to any third party, in whole or in part, without Six Seconds’ prior written consent.  This Agreement will be binding upon, and inure to the benefit of, the successors and permitted assignees of each of the parties. This Agreement shall not be deemed or construed to create any partnership, joint venture or agency relationship between the parties.  Neither party is, nor will either party hold itself out to be, vested with any power or right to bind the other party contractually or act on behalf of the other party as a broker, agent or otherwise. No waiver of any provision of this Agreement, or of any right or remedy under this Agreement, shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced.  No delay in exercising, no course of dealing with respect to, and no partial exercise of any right or remedy under this Agreement shall constitute a waiver of any other right or remedy, or future exercise thereof.  This Agreement and performance hereunder shall be governed by the laws of the State of California, without regard to its conflicts of laws rules.  Any suit, action or proceeding relating to this Agreement must be brought against either of the parties in the state or federal courts located in San Francisco, California, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such suit, action or proceeding and waives any objection to jurisdiction or venue laid therein.  If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement will remain in full force and effect.  This Agreement constitutes the entire agreement of the parties relating to the subject matter of this Agreement and supersedes all prior or contemporaneous communications, understandings and agreements, oral or written, relating to such subject matter.  This Agreement may be modified only in a writing signed by both parties. 

EXHIBIT A

Six Seconds Marks

If the Practitioner is a certified EQ practitioner by completing the “EQ Practitioner Certification,” then the Practitioner may use the following mark as permitted under Section 1(b) of this Agreement:

logo_certified_practitioner      

If the Practitioner is a certified EQ coach by completing the “EQ Coach Certification,” then the Practitioner may use the following mark as permitted under Section 1(b) of this Agreement:

logo_certified_coach

If the Practitioner is a certified EQ educator by completing the “EQ Educator Certification,” then the Practitioner may use the following mark as permitted under Section 1(b) of this Agreement:

logo_certified_educator

If the Practitioner is a certified EQ trainer by completing the “EQ Advanced Trainer Certification,” then the Practitioner may use the following mark as permitted under Section 1(b) of this Agreement:

logo_certified_trainer

If the Practitioner is a certified EQ assessor by completing the “EQ Assessor Certification” or “EQ Tools for Education Certification,” then the Practitioner may use the following mark as permitted under Section 1(b) of this Agreement:

logo_certified_assessor

If the Practitioner is a certified VS consultant by completing the “VS Consultant Certification,” then the Practitioner may use the following mark as permitted under Section 1(b) of this Agreement:

VS-Cert-LOGO-sm

 

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