CAUTION: BY SELECTING THE "AGREE" BUTTON YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THE ROCHESTON CERTIFICATION PROGRAM CANDIDATE AGREEMENT. YOU MAY TAKE THE CERTIFICATION TEST(S) ONLY IF YOU AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU ARE NOT WILLING OR ARE NOT ABLE TO AGREE TO SUCH TERMS AND CONDITIONS, SELECT "EXIT" AND INFORM YOUR PROCTOR, AND YOU WILL NOT BE ALLOWED TO TAKE THE CERTIFICATION EXAM(S).
Rocheston Department of Certification (a division of Rocheston Pvt. Ltd.) (Rocheston) and you (“You” or “Your”) hereby agree that the following terms and conditions (the "Agreement") govern your participation in the Rocheston Certification Program (“Certification Program”).
“Certification Designation" shall mean the specific Certification Program certification designation granted to You upon successful completion of and compliance with the Certification Requirements for the applicable product line or technology as specified in this Agreement.
“Certification Exam” or “Test” shall mean the applicable certification test for the particular Certification that You have registered for.
“Certification Requirements” shall mean those requirements specified or referenced in this Agreement that you must meet in order to use and maintain the Certification Designation and use the Logo in accordance with the terms of this Agreement.
"Logo" shall mean the specific Certification Program logo designated for one of the following Certification Designations you have earned: Rocheston Certified Cybersecurity Engineer
“Certification Program Website” shall mean the Certification Program website located at https://cert.rocheston.com/
2.1 Certification Requirements. In order to use a Certification Designation, You must:
- Pay the applicable exam fees;
- Accept the terms and conditions of this Agreement before completing each Certification Exam;
- Meet all the requirements specified on the Certification Program Website for the applicable Certification Designation;
- Comply with any additional requirements specified on the Certification Program Website for the applicable Certification Designation;
- Keep contact information up to date with both the testing vendor and the Certification Program (including, without limitation, maintaining an updated profile in Rocheston’s examination system so that you may access exam results and for other purposes);
- Meet all of the Certification Program’s continuing certification requirements specified on the Certification Program Website for the applicable Certification Designation
- In the event that You are not able to continue to fulfill the requirements of the certification scheme, You must inform the certification body without delay.
2.2 Modification to Certification Requirements or the Certification Program. Rocheston reserves the right to change the Certification Program, without cause, including but not limited to changing Certification Requirements; specifying an expiration of any Certification Designation; changing eligibility requirements; and changing test objectives, test content, test passing score, test item type, time allowed for test, and test delivery platform for any Certification Exam. Furthermore, Rocheston may, without cause or notice, require You to update Your Certification Designation by requesting You to re-take any or all applicable Certification Exams and/or execute a new version of this Agreement with Rocheston. The most current Certification Requirements for Your applicable Certification Designation may be found on the Certification Program Website.
2.3 Certification Title Grant. Upon completion of the applicable Certification Requirements and Your receipt of Your Certification Welcome Kit, and subject to the terms of this Agreement, Rocheston grants You a non-exclusive, non-transferable, non-assignable, non-sublicensable, personal, revocable right to designate Yourself with the applicable Certification Designation. You may use that Certification Designation only to promote Your qualifications related to the use of the applicable certification. Any person who You share Your certification badge with will have access to Your certification status.
2.4 Logo Rights and Restrictions. Upon completion of the applicable Certification Requirements and Your receipt of Your Certification Program Success Kit, and subject to the terms of this Agreement, Rocheston grants You a non-exclusive, non- transferable, personal right to use the RCCE Logo on Your resume, business cards, marketing collateral, letterhead and website solely in connection with Your provision of services in relation to the Rocheston Certified Cybersecurity Engineer Certification for which You have a current, valid Certification Designation. You are granted no other right, title, or license to the Logo or any other Rocheston trademarks or logos. Your use of the Logo is subject to the terms of this Agreement and Rocheston’s Logo Usage Guidelines posted at https://cert.rocheston.com/policies/page/ which are subject to change at Rocheston’s discretion. You agree not to use the Logo in any manner that would diminish, tarnish or otherwise damage Rocheston’s image or reputation, or the
goodwill associated with the Logo. Upon request, You agree to promptly provide Rocheston at your expense samples of any materials bearing the Logo. You agree not to file any application to register any trademark, service mark, or domain name for the Logo or any other mark confusingly similar to the Logo, and not to use Rocheston’s trademarks or potentially confusing variation of Rocheston’s trademarks as part of your company name, product or service names, or domain names. You agree that the Logo is owned solely and exclusively by Rocheston. You will not, at any time during term or after the termination of this Agreement, register or attempt to register the Logo (or any mark confusingly similar thereto), or claim any interest in, contest the use of, or otherwise adversely affect the validity of the Logo anywhere in the world. You agree not to interfere with or bring any kind of action or legal or administrative proceeding in relation to the rights and title of Rocheston in or to the Logo or any other Rocheston trademarks or logos. Rocheston maintains sole ownership of all Logos, Trademarks and certificates issued and can withdraw their use if You breach the terms of this agreement.
In the event of a third-party contacting Rocheston to verify the authenticity of Your use of the RCCE logo, Rocheston will provide them with the link to Your publicly available certification badge.
2.5 Term. Subject to the terms of this Agreement, the Agreement shall remain in effect so long as You comply with its terms.
2.6 Withdrawal. You may terminate this Agreement at any time upon written notice to Rocheston. Rocheston reserves the right to terminate this Agreement for cause and revoke Your Certification Designation at any time upon written notice to You (sent to Your last known mailing and/or email address). Cause for Termination shall include, (i) any breach of this Agreement which remains uncured for 30 days following notice of the breach by Rocheston, (ii) Rocheston’s determination, in its sole discretion, that You have cheated on any Certification Exam, have aided in the cheating of a Certification Exam or have disclosed test questions of any Certification Exam to a third party, or (iii) Your misrepresentation of Your Certificate Designation (iv) Non-compliance of the certification scheme before the end of the suspension period, if the certificate is under suspension. Upon termination of this Agreement, all rights related to Your Certification Designation, including all rights to use Your Certification Designation and the Logo, will immediately terminate. Except as provided herein, you shall have no further rights or obligations under this Agreement after termination. Furthermore, You will return at your expense all physical Certification material given to You as proof of Certification, this will include Certificates, Badges, Letters and any other applicable designators.
2.7 Suspension. Your right to use the logo/badge/certification usage and to hold the certificate is immediately suspended if You misuse the certificate as specified as per the conditions in this agreement. Rocheston is authorized to withdraw or to declare null and void the certificate - autonomously or in cooperation with the auditing body - in case of grave reasons justifying a suspension. Rocheston is authorized to revoke the suspension - autonomously or in cooperation with the auditing body – provided that You have taken corrective actions and that these corrections are verified and positively evaluated by the auditing body or the certification body. In the event of suspension, You will be suspended for a period of 90 days during which the investigation and final resolution will take place.
2.8 Verification of Candidates. Rocheston reserves the right to use any reasonable methods for the purpose of verifying the identity of Certification candidates, including, without limitation, the use of challenge questions, identification numbers, photographic
verification, and signature verification.
3. COMPLIANCE WITH TESTING REGULATIONS
You agree to comply with all testing regulations required by Rocheston and/or Rocheston’s authorized contractors administering the Certification Exam including, without limitation, the policies listed below.
3.1 No Cheating. You agree that all work submitted by You in completing the Certification Exam and in satisfaction of the Certification Requirements, including Certification Exam answers, assignments, resolutions and personal registration information is entirely Your own. You will neither: (i) provide nor accept improper assistance; nor (ii) use unauthorized materials in attempting to satisfy Certification Requirements (including unauthorized certification content provided by third parties).
3.2 No Misconduct. You agree that You will not (i) falsify your identity or impersonate another individual; (ii) forge any Certification Designation certificates, Certification Exam score reports, identification cards or any other Certification Exam records or vouchers; (iii) engage in fraudulent conduct or misrepresent yourself as Certified when You have not successfully met the applicable Certification Requirements; (iv) misuse or disclose to another person your testing ID number, member site username and/or password or any other Certification Program identities; (v) copy, resell, distribute or misuse any Certification Exam voucher(s) or any other Certification Exam discount; (vi) use any Certification Exam vouchers obtained from an unauthorized source; or (vii) engage in any other misconduct that could be considered by Rocheston, in its sole discretion, as compromising the integrity, security or confidentiality of the Certification Exam or the Certification Program.
3.3 No Disclosure. You understand and agree that the Test is Rocheston’s confidential and proprietary information. You agree to maintain the confidentiality of the Test and not disclose, whether verbally, in writing or in any media, the contents of the Test or any part of the Test. Further, You agree not to request any other individual to disclose any Test or any part thereof to You.
3.4 No Misuse of the Test. You agree that You will not copy, publish, offer to sell, sell, publicly perform or display, distribute in any way or otherwise transfer, modify, make derivative works thereof, reverse engineer, decompile, disassemble or translate any Certification Exam or part thereof.
3.5 Certification Exam Vouchers. Rocheston does not guarantee the authenticity of Certification Exam vouchers obtained from anyone.
3.6 Retake Policy. You agree to comply with Rocheston’s Certification Exam retake policy when retaking any Certification Exam that You previously failed. Retaking a passed Certification Exam is prohibited. The retake policy is available on the Certification Program website.
3.7 Certification Exam Materials. Rocheston may impose restrictions or regulations governing the use of any materials that You may bring into the examination area and/or refer to during the Certification Exam. You agree to return any such examination material to Rocheston or the testing partners, as may be directed upon completion of the Certification Exam.
4. ROCHESTON ACTION FOR NONCOMPLIANCE
You understand and agree that, if for any reason and at its sole discretion, Rocheston believes Your exam result does not accurately reflect Your true knowledge or mastery of the subject matter of the test and/or that You have violated the compliance terms set forth in Section 3, Rocheston has the right (without refund of any kind) to deny You any further participation in the Test, cancel a passed Test result, suspend or revoke any pre-existing Rocheston certifications, your Rocheston Certified status and any other rights previously conferred on you by Rocheston, and to permanently bar You from any further participation in Rocheston’s certification program.
5. REPRESENTATIONS AND WARRANTIES
5.1 By You. You represent and warrant that (i) You will refrain from any conduct that could reflect unfavorably on or may harm the goodwill and reputation of Rocheston or its products and (ii) You shall not make any representation, warranty, or promise on behalf of or binding upon Rocheston.
5.2 Disclaimer. ROCHESTON 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. ROCHESTON SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY
FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF ANY THIRD PARTY RIGHTS.
Privacy: You agree that Rocheston may collect and process your personal information in connection with Your participation in the Certification Program. You also agree that Rocheston may collect and process the personal information You have entered into the examination portals when participating in the Certification Program, for security and fraud prevention purposes. With respect to such personal information, Rocheston will not disclose Your information unless required by law, or in accordance with such other terms as may be agreed by the parties during the exam registration and delivery process.
This policy is subject to change at Rocheston’s discretion; however, changes to the policy will not materially reduce the level of protection provided to such personal information under this Agreement.
You agree that Rocheston may engage Rocheston affiliates and third party subcontractors to assist in delivering the Certification Program. Please note that Rocheston’s test delivery vendor may gather certain information on behalf of Rocheston for purposes of test delivery and security, including photographic and other personal information.
You agree to indemnify, defend and hold Rocheston harmless against any losses, liabilities, damages, claims and expenses (including attorneys’ fees and court costs) arising out of any claims or suits, whatever their nature and however arising, in whole or in part, which may be brought or made against Rocheston, or its affiliates, officers, employees or assigns, in connection with:
(i) any personal injury, property damage or other claims which are caused, directly or indirectly by any negligent act, omission, illegal or willful misconduct by You,
(ii) Your use of misuse of Certification Designation and/or the Logo;
(iii) Your use or misuse of Rocheston's confidential information; and/or (iv) Your breach of any obligations or warranties under this Agreement.
8. LIMITATION OF LIABILITY
8.1 Liability. The Certification Exam may be administered by an independent testing vendor. You acknowledge and agree that Rocheston shall have no liability to You for any claim in any way related to the Certification Exam, including but not limited to registration, the testing environment, delivery of the Certification Exam, exam fees, and the accuracy, timeliness or reporting of Certification Exam results.
8.2 Damages. ROCHESTON SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS, REVENUE, DATA OR USE. ROCHESTON’S LIABILITY FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE FEES PAID TO ROCHESTON UNDER THIS AGREEMENT.
9. INDEPENDENT CONTRACTOR
You acknowledge that both parties are independent contractors. You will not represent Yourself as an agent, employee, consultant, contractor or legal representative of Rocheston or any subsidiary thereof, based upon this Agreement.
10. CONFIDENTIALITY AND OWNERSHIP
10.1 Confidential Information. The Certification Exam (including without limitation, questions, answers, worksheets, computations, drawings, diagrams, length and number of exam segments and/or questions, or any communication related to the Certification Exam) is the confidential property of Rocheston (“Confidential Information”) and is made available to You for the sole purpose of testing your knowledge in the technical area referenced in the title of the applicable Certification Exam.
10.2 Protection. You agree (i) to hold Confidential Information in confidence and take all reasonable precautions to protect it; (ii) not to use Confidential Information at any time during the term or after the termination of this Agreement; except as provided herein; and
(iii) that You shall not disclose, publish, reproduce or transmit any Confidential Information to any third party, in any form, including without limitation, verbal, written, electronic or any other means for any purpose.
10.3 Ownership. Rocheston retains all rights, title and interest in and to all information, content and data contained in Certification Exams and all copyrights, patent rights, trademark rights and other proprietary rights thereto provided by Rocheston under this Agreement.
11.1 Governing Law. This Agreement is governed by the substantive and procedural laws of India and You and Rocheston agree to submit to the exclusive jurisdiction of, and venue in, the courts in India in any dispute arousing out of or relating to this Agreement.
11.2 Severability and Waiver. 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. Except for actions for nonpayment or breach of Rocheston's intellectual property or other proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either party more than two years after the cause of action has accrued.
11.3 No Assignment. You may not assign your rights and/or obligations, in whole or in part, under this Agreement to any third party. Any such attempted assignment shall be null and void.
11.4 Survival. Provisions that survive termination or expiration of this Agreement include those pertaining to limitation of liability, indemnification, nondisclosure, and others which by their nature are intended to survive.
11.5 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.