These terms and conditions (the “Terms”) apply to your participation in the XM Institute XM Professional Certification Program (the “Program”). By participating in the Program, you (“you” or “your”) acknowledge that you have read and agree to be bound by these Terms. The sponsor of the Program is Qualtrics, LLC (“Qualtrics,” “we,” “our,” or “us”).

  1. Participation. You can register to participate in the Program by completing an application available at https://www.xminstitute.com/certification. You hereby represent and warrant to Qualtrics that: (i) you have obtained all of the necessary permissions from your employer, partners, and affiliates, as applicable, to participate in the Program; (ii) your participation in the Program is not in conflict with, and will not cause an event of default under; and (iii) all information provided in your certification application is complete, true, and accurate. 
  2. Certifications; Refunds. The certification requirements are available at qltrcs.co/xmphandbook. We determine the certification and recertification requirements and reserve the right to adjust them at any time in our sole and absolute discretion by posting them at qltrcs.co/xmphandbook.  We will not provide refunds for any purchased certification.
  3. Misconduct. If we discover you have violated these Terms or provided false, misleading or incomplete information in connection with your application: (1) you may lose all certifications and associated fees paid related to the Program, and (2) we, in our sole discretion, may choose to terminate your participation in the Program. 
  4. Use of Certification. Your use of the certification designation (XMP) and logo is only for the personal use of the individual person who received the certification, and cannot be used to represent that a company, organization, or school is certified. That is, a company, organization, or school may not represent itself as certified—only those individual persons who have received the certification may represent themselves as certified. At all times when you are holding yourself out as the recipient of a Qualtrics certification, you will conduct your activities in a professional and competent manner; comply with all applicable laws, regulations, and orders of any governmental or regulatory authority; not make any representations, warranties, or guarantees to third parties with respect to Qualtrics; not misrepresent or embellish your relationship with Qualtrics; and comply with all applicable terms and conditions of any agreement governing your participation in the Program; and not engage in any illegal, false, or deceptive acts or practices.
  5. Release. You release Qualtrics and its affiliates, successors and assigns, and their respective officers, employees, agents and contractors (the “Released Parties”), from any and all claims that you may have now or in the future associated with the Program or the Items, including without limitation claims arising from rights of publicity, privacy or intellectual property.  You represent that you are free to grant the rights granted in this Release. YOU AGREE THAT THE RELEASED PARTIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARE NOT RESPONSIBLE FOR ANY LIABILITY, LOSS, INJURY, OR DAMAGE TO PROPERTY OR TO PERSON RELATING IN ANY WAY TO THE PROGRAM. YOU ALSO AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY ATTORNEYS’ FEES OR COURT COSTS DIRECTLY OR INDIRECTLY RELATED TO YOUR PARTICIPATION IN THE PROGRAM, OR BY REASON OF YOUR ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY CERTIFICATIONS. FURTHER, IN ANY DISPUTE, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES. YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
  6. Collection and Use of Personal Information. We are collecting personal information primarily to process your participation in the Program and to contact you if necessary. By participating in this Program, non-U.S. resident entrants are authorizing the transfer of personal data to the United States for these purposes. By participating in the Program, you agree that we may share your information, in our sole discretion, with third parties that have a need to know the information (such as those we retain to assist in administering the Program). The data controller is Qualtrics, LLC. By enrolling in the Program, you also agree to all terms listed in our Privacy Statement available at http://www.qualtrics.com/privacy-statement/
  7. Restrictions. You may not use the Program for any purpose that is: (a) prohibited by these Terms, (b) violates any applicable law, (c) causes damage on or through the Program, (d) infringes upon the rights of any third party, (e) is defamatory, libelous, abusive, obscene, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent, or otherwise objectionable, or (f) actually or intends to affect or interrupt the operation of the Program.
  8. Publicity; Use of Qualtrics Marks. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors), or announce or imply the existence of any relationship or affiliation between us and you or any other person or entity except as permitted by the Agreement. Subject to your continued compliance with these Terms, we grant you the limited right to use the name of the specific Qualtrics certification that you have received and any trademarks, service marks, service or trade names, logos, and other designations of us and our affiliates that we make available to you in connection with these Terms or the Program associated with such Qualtrics certification, (collectively, the “Qualtrics Marks”) for so long as such Qualtrics certification is valid or until revoked or terminated as set forth in these Terms. You may use the QualtricsMarks only in accordance with the trademark use guidelines that we give you or post on the Qualtrics certification Site from time to time (“Trademark Use Guidelines”). We may revoke any license granted to you to use any Qualtrics Mark associated with the Qualtrics certification at any time by giving you notice of such revocation.
  9. Indemnification. You will defend, indemnify, and hold harmless us and our affiliates and licensors, and each of our and their employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third-party claim concerning (a) your participation in the Program; (b) any representations, warranties, or guarantees you make to third parties with respect to us or the specifications, features, or capabilities of any of the services provided under the Terms; (c) any misrepresentation or embellishment by you of your relationship with us; (d) your breach of these Terms or violation of applicable law; or (e) a dispute between you and any third party. We may assume control of the defense and settlement of the claim at any time.
  10. Modification. We may from time to time change these Terms or change or discontinue support of any Program as a whole or any aspect of it, including training or testing materials, passing score requirements, qualification tiers and titles, or Program benefits. We will notify you of changes by posting them on at qltrcs.co/xmphandbook, or by otherwise notifying you in accordance with the notice requirements applicable hereto. You are responsible for checking qltrcs.co/xmphandbook, for changes. Changes will be effective as of the date such changes are posted or, if we notify you by email, as stated in the email message. By continuing to participate in the Program, you agree to comply with the most current version of these Terms. We last modified these Terms on the date listed at the end of these Terms. 
  11. Testing
    1. Procedures. You will comply with all rules and regulations applicable to the administration of each certification exam as determined by us or by any third party authorized by Qualtrics to administer certification exams (a “Certification Exam Provider”). You will not engage in any misconduct in connection with any certification exam, including by (a) receiving or providing unauthorized assistance, or submitting work that is not your own; (b) possessing or using unauthorized materials during such certification exam; (c) falsifying your identity or identification documents, or misusing any testing identification number, username, or other credentials that have been provided to you; (d) failing to adhere to any testing policy, procedure, or directions; (e) receiving or viewing the content of any certification exam that has been disclosed or disseminated in violation of the Agreement; (f) using any Qualtrics Marks in a manner not authorized by the Agreement and the Trademark Use Guidelines; or (g) any other actions that we reasonably believe are inconsistent with the principles of the Program.
    2. Confidential Information. All certification exams and any other materials that are provided to you in connection therewith (collectively, “Testing Materials”) constitute our Confidential Information.
    3. Retakes. If you do not pass a certification exam, you may retake such certification exam only in accordance with the retake policy set forth on the qltrcs.co/xmphandbook, as Qualtrics may amend such policy from time to time. Administration of additional certification exams will be available at additional cost (not included in the price set forth in the SOW or original purchase for the initial certification exam).
    4. Noncompliance. If we reasonably believe that you have violated any terms of the Agreement, we may, without the refund of any fees, cancel the results of any certification exam, revoke any Qualtrics certification, terminate your rights under these Terms, or otherwise prohibit you from participating in the Program.
  1. Additional Terms
    1. You will not issue any press release related to Qualtrics, the Program, or these Terms without the prior written approval of Qualtrics.
    2. The failure of either party to enforce or delay in enforcing rights hereunder will not be deemed a continuing waiver or modification of these Terms.  In the event that any term or provision of these Terms is held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other term or provision hereof, and the parties agree thereafter to use their best efforts to substitute a provision of similar economic intent and effect.
    3. The parties agree that neither party will be liable in any manner whatsoever for acts of God, fires, strikes, accidents or other occurrences beyond its control that prevent either party from partially or completely performing its obligations hereunder.
    4.  You may not assign its rights under these Terms without the prior written consent of Qualtrics.  Qualtrics may assign its rights and obligations under these Terms without your consent.
    5. For purposes of the Program, You and Qualtrics are independent contractors, and nothing contained herein or done pursuant hereto will be construed to create any relationship of principal and agent, joint venturers, partners, or employer and employee between you and Qualtrics. The parties will each be solely responsible for the conduct of their respective employees and agents in connection with the performance of their obligations hereunder. You shall not make any representation to any third party which is contrary to the foregoing.
    6. These Terms will be deemed made in and will be construed in accordance with and governed by the laws of the State of Utah.  You irrevocably submit to venue and exclusive personal jurisdiction in the federal and state courts in Salt Lake County, Utah, for any dispute arising out of this Agreement, and waive all objections to jurisdiction and venue of such courts.

 

Last updated on October 5, 2020.