Related Resources

Lorem ipsum dolor sit amet.

Fusce tincidunt, arcu vel semper mollis.

Read More.

Lorem ipsum dolor sit amet.

Fusce tincidunt, arcu vel semper mollis.

Read More.

Lorem ipsum dolor sit amet.

Fusce tincidunt, arcu vel semper mollis.

Read More.

TERMS OF USE AGREEMENT

PTCB CERTIFICATION SPONSORSHIP PROGRAM

IN ORDER TO PARTICIPATE IN THE PTCB CERTIFICATION SPONSORSHIP PROGRAM, YOU (“SPONSOR”) MUST AGREE TO THE FOLLOWING TERMS OF USE AGREEMENT (“AGREEMENT”), AND CLICK “I ACCEPT.”  BY CLICKING “I REJECT,” YOU ARE INDICATING THAT YOU DO NOT AGREE WITH THE AGREEMENT TERMS,AND WILL NOT BE ACCEPTED AS A PROGRAM SPONSOR.

1. GENERAL AGREEMENT TERMS.
A. PTCB has developed, owns, and administers the PTCB Certified Pharmacy Technician (CPhT™) Certification Program™, including the CPhT credential.

B. SPONSOR employs or educates pharmacy technicians, and is committed to developing a qualified and skilled pharmacy technician workforce to support pharmacists and advance patient safety.

C. SPONSOR has agreed to pay the fee related to PTCB certification, which includes the CPhT certification application and examination fee (certification application fee), for individuals applying for PTCB certification whom Sponsor has identified as a “Sponsored Candidate,” and to facilitate the PTCB certification application process, asset forth in this Agreement.

D. In consideration of SPONSOR’s support of Sponsored Candidates, PTCB agrees to provide the SPONSOR with services and assistance related to the certification applications of its Sponsored Candidates, as set forth in this Agreement.

E. SPONSOR agrees to all terms and conditions in the Pass Rate Data License Agreement, which is incorporated here by this reference.

F. The Parties agree that all Sponsored Candidates must satisfy all current PTCB requirements in order to be eligible for the CPhT certification.
2. SPONSOR RESPONSIBILITIES.

Consistent with this Agreement, SPONSOR will:
A. Identify and approve eligible Sponsored Candidates for whom SPONSOR will pay the PTCB certification application fee, consistent with the fees and payment schedule identified in Section 4 of this Agreement.

B. Provide to PTCB an accurate and complete list of Sponsored Candidates, and other Sponsored Candidate information requested by PTCB, in the format approved by PTCB.

C. Promote the PTCB Certification Program to individuals who are eligible to be Sponsored Candidates and communicate with Sponsored Candidates concerning important PTCB Certification Program information.

D. Be responsible for all decisions resulting in the withdrawal or termination of SPONSOR’s sponsorship and payment of the certification application fee for aSponsored Candidate.

E. In the event that SPONSOR withdraws or terminates its sponsorship of a Sponsored Candidate, or a Sponsored Candidate withdraws or terminates his/her PTCB certification application, SPONSOR will provide notice of such withdrawal or termination to PTCB at least twenty four (24) hours prior to the Sponsored Candidate’s scheduled test administration date.

F. Designate a SPONSOR representative to serve as the contact person for all communications related to this Agreement.
3. PTCB RESPONSIBILITIES.

Consistent with this Agreement, PTCB will:
A. Provide designated SPONSOR representatives with certain access to PTCB’s secure file transfer protocol (SFTP) for the secure exchange of information between SPONSOR and PTCB, including information concerning Sponsored Candidates.

B. Enable SPONSOR to create a master account on the PTCB Internet site, which will provide SPONSOR with access to additional PTCB Internet site webpages available only to PTCB and authorized SPONSOR representatives. SPONSOR will be permitted to customize its master account, including the ability to create authorized account users and to set account security levels.

C. Provide SPONSOR with certification application status information concerning the Sponsored Candidates, including the relevant PTCB certification examination administration dates, [INSERT ADDITIONAL INFORMATION ITEMS].

D. Enable SPONSOR to access the Sponsor Summary Reports, which provide aggregate pass rate data and related information concerning Sponsored Candidates’ performance on the Pharmacy Technician Certification Examination (PTCE). As a condition of accessing the Sponsor Summary Reports, SPONSOR agrees to all terms and conditions in the PTCB Pass Rate Data License Agreement.

E. Allow SPONSOR to withdraw or terminate its sponsorship of a Sponsored Candidate,and not pay any certification application fee related to that Sponsored Candidate, so long as SPONSOR provides notice of such withdrawal or termination to PTCB at least twenty four (24) hours prior to the Sponsored Candidate’s scheduled test administration date.

F. Permit SPONSOR to register multiple Sponsored Candidates for the PTCB Certification Examination at one time, including the payment of certification application fees for such candidates.

G. Provide SPONSOR with the ability to conduct online verification of the certification status of Sponsored Candidates certified by PTCB.

H. Enable SPONSOR to upload, through the PTCB SFTP, multiple certification verification requests, using the following PTCB certificant identifiers: last four (4) digits of certificant’s Social Security Number (SSN) and certificant’s last name; employee identification number, if provided to PTCB; or, PTCB Certification Number.

I. Provide complete and accurate aggregate information to SPONSOR concerning its Sponsored Candidates.

J. Designate a PTCB representative to serve as the contact person for all communications related to this Agreement.
4. SPONSOR FEES AND PAYMENT SCHEDULE.
A. As consideration for the services provided by PTCB under this Agreement, SPONSOR agrees to pay PTCB a certification application fee of $129.00:
(1). For each Sponsored Candidate who completes his/her scheduled PTCB certification examination

(2). Where the SPONSOR withdraws or terminates its sponsorship of a Sponsored Candidate, but does not provide notice of such withdrawal or termination toPTCB at least twenty four (24) hours prior to the Sponsored Candidate’s scheduled test administration date.

(3). For each Sponsored Candidate who does not appear for his/her test appointment,and whose sponsorship has not been withdrawn or terminated by SPONSOR consistent with the terms of this Agreement.
B. SPONSOR will not be responsible for any other fees or costs related to its sponsorship of a Sponsored Candidate, unless specifically agreed to by the Parties in writing.

C. PTCB will submit monthly invoices to SPONSOR for the payment of all Sponsored Candidate certification application fees due during the previous month. SPONSOR will make such payments to PTCB within forty-five (45) calendar days from the invoice date.

D. In the event that SPONSOR fails to pay the invoiced fees for Sponsored Candidates within forty-five (45) days of the invoice date, PTCB will impose, and SPONSOR will pay, a late payment interest charge equal to one percent (1%) per month against the outstanding balance.
5. CONFIDENTIALITY.
A. Each Party acknowledges that, in performing its obligations under this Agreement, it directly or indirectly will have access to some of the other Party’s confidential information (Confidential Information). For the purposes of this Agreement, Confidential Information will include all information or materials designated as such by either Party, or which would reasonably be considered confidential and private. Confidential Information does not include information which is: lawfully known to the Receiving Party or to the public before disclosure; becomes part of the public domain, except by a breach of this Agreement by the Receiving Party; or, was received from a third party under no duty or obligation of confidentiality to the Disclosing Party.

B. Each Party will maintain the confidentiality and privacy of all Confidential Information,and will not, without the expressed consent of the other Party: use such Confidential Information for purposes other than those permitted in the Agreement; or, disclose suchConfidential Information to any third parties or to any employee who does not have a valid business reason to use such Confidential Information. Neither Party may sell,disclose, or provide the other Party’s Confidential Information to third parties in any form. Each Party will take all reasonable measures and efforts to protect the other Party’s Confidential Information, including measures at least as protective as those it uses with respect to its own Confidential Information, so long as those measures are reasonable and not negligent. Each Party may share Confidential Information with consultants or independent contractors who specifically agree to be bound by the confidentiality requirements in the Agreement, and who need such information to further the purposes of this Agreement.
6. INTELLECTUAL PROPERTY OWNERSHIP/ LIMITED LICENSE TO USE.
A. PTCB Trademarks. The Parties agree that PTCB owns all right, title, and interest related to the following trademarks: the PTCB design marks; the Pharmacy Technician Certification Board word mark; the PTCB word mark; the PTCB Certified Pharmacy Technician word mark; the PTCB CPhT word mark; the CPhT word mark; the PTCB Certification Program Sponsor word and design mark; and, all related PTCB trademarks, certification marks, designations, logos, and identifiers (PTCB Marks). PTCB grants SPONSOR a non-exclusive, revocable, and limited right to use the PTCB Sponsor marks, only in connection with the performance of its responsibilities under this Agreement, and only for the term of this Agreement, consistent with the PTCB Trademark and Certification Mark Use Policy, which is incorporated in this Agreement by this reference.

B. SPONSOR Trademarks. The Parties agree that SPONSOR owns all right, title, and interest related to all SPONSOR trademarks, designations, logos, and identifiers (SPONSOR Marks). SPONSOR grants PTCB a non-exclusive, revocable, and limited right to use the SPONSOR Marks, only in connection with the performance of its responsibilities under this Agreement, and only for the term of this Agreement. Such permitted use will include displaying the SPONSOR marks in print and electronic materials which identify SPONSOR’s relationship with PTCB.

C. PTCB Internet Site. The Parties agree that PTCB owns all right, title, and interest related to the PTCB Internet site, located at www.ptcb.org. PTCB grants SPONSOR a non-exclusive, revocable, and limited right to use the PTCB Internet site, as set forth herein, during the term of this Agreement, so long as such use is consistent with the PTCBPrivacy Policy, and other applicable PTCB policies.
7. TERM OF AGREEMENT.

This Agreement will commence on the Effective Date, and continue for successive one (1) year terms, until terminated or modified by written agreement of the Parties.

8. TERMINATION.
A. This Agreement may be terminated by a non-breaching Party if the other Party materially breaches this Agreement, and such breach is not cured within thirty (30) days after written notice of the breach.

B. This Agreement may be terminated by either Party upon sixty (60) days written notice to the other Party, including a termination date. Upon such notice of termination, the Parties will endeavor to conclude any pending activities hereunder in a timely and reasonable manner.

C. In the event of termination by SPONSOR, SPONSOR agrees to pay PTCB for all Sponsored Candidate certification application fees owed to PTCB through the date of termination, consistent with the terms of this Agreement.

D. Regardless of termination or expiration of this Agreement, the provisions of Sections 4,5, 6, 8, and 12 will survive such termination or expiration.

E. Immediately following the termination or expiration of this Agreement, all services provided to SPONSOR under the Agreement will terminate, and the Parties will cease further use of the other Party’s marks, including trademarks, certification marks, logos,designations, and other identifiers.

F. Upon termination or expiration of the Agreement, PTCB will have no obligation to maintain any SPONSOR information provided to PTCB.
9. REPRESENTATIONS AND WARRANTIES. SPONSOR represents and warrants that: all information provided to PTCB under thisAgreement will be accurate and complete to the best of SPONSOR’s knowledge; and, SPONSOR will notify PTCB of any changes in the information provided to PTCB, in a timely manner.

10. NO PTCB EMPLOYMENT OR OTHER CONTRACTUAL RELATIONSHIP. Nothing in this Agreement creates any employment or contractual relationship between any Sponsored Candidate and PTCB. The Parties agree that PTCB will not in any way be responsible for, and disclaims all liability relating to, any decision(s) or action(s) of SPONSOR or a Sponsored Candidate’s employment or other relationship or affiliation with SPONSOR.

11. TEST ADMINISTRATION RESPONSIBILITY. PTCB will make all reasonable efforts to assure that each eligible Sponsored Candidate is properly scheduled for a PTCB certification examination administration. However, the Parties agree that PTCB will not in any way be responsible for, and PTCB specifically disclaims all liability relating to, a Sponsored Candidate’s test administration.

12. INDEMNIFICATION. SPONSOR agrees to indemnify and hold harmless PTCB, and its Directors, Officers, employees, representatives, and agents from and against any and all third party claims, demands, losses,liabilities, actions, lawsuits, proceedings, judgments, awards, and expenses (including reasonable attorney fees) related to SPONSOR’s responsibilities under this Agreement, or SPONSOR’s employment or other relationship with a Sponsored Candidate. PTCB agrees to indemnify and hold harmless SPONSOR, and its Directors, Officers, employees, representatives, and agents from and against any and all third party claims, demands, losses, liabilities, actions, lawsuits, proceedings, judgments, awards, and expenses (including reasonable attorney fees) related to PTCB’s responsibilities under this Agreement.

13. AGREEMENT DISPUTE RESOLUTION. Any questions arising from the interpretation of this Agreement will be settled through discussion between the Parties in good faith. If such questions are not settled between the Parties, the Agreement will be terminated immediately, and each Party retains all rights to pursue legal claims related to the Agreement.

14. RELATIONSHIP OF THE PARTIES.The Parties acknowledge and agree that all services are being performed as independent contractors. Neither Party will act as, or be deemed to be, agent for, or partner of, the other Party for any purpose whatsoever. Nothing in this Agreement will be construed to grant either Party the right to make commitment of any kind for, or on behalf of, the other Party without prior written consent of the other Party.

15. GOVERNING LAW. This Agreement will be governed by, and construed in accordance with, the laws of the District of Columbia. All legal proceedings relating to the subject matter of the Agreement will be maintained in courts sitting within the District of Columbia, and both Parties consent and agree that jurisdiction and venue for such proceedings will lie exclusively with such courts.

16. ASSIGNMENT. Neither Party will assign, delegate, or otherwise transfer any of its rights and responsibilities under this Agreement to any third party without the prior, express, written approval of the other Party. The rights and obligations set forth in this Agreement are binding upon and will inure to the benefit of the successors and permitted assigns of the Parties.

17. SEVERABILITY. If any provision contained herein is determined by a court of competent jurisdiction, or an arbitration tribunal, to be invalid or unenforceable, said determination will not affect the validity and enforceability of the remaining provisions hereof. The Parties represent that they are not aware that any provision of the Agreement is invalid or unenforceable.

18. WAIVER. No waiver by either Party, whether express or implied, of any right or obligation set forth in this Agreement, or any breach or default, will constitute a continuing waiver of that or any other right, obligation, breach, or default.

19. FORCE MAJEURE. Neither Party will be held responsible for delays or failures in performance due to acts beyond and outside of their respective control. Such acts include, but are not limited to, acts of nature,strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, failure by public or private carrier, communication line failure, earthquakes, or other disasters. However, both Parties have the responsibility to cure any failures to perform or other breach of this Agreement as soon as practical and reasonable following the ending or correction of the delay or failure.

20. ENTIRE AGREEMENT. This Agreement represent the entire agreement and understanding of the Parties with respect to the subject matter hereof, and supersede any prior or contemporaneous discussions, representations, or agreements, oral or written, of the Parties regarding this subject matter. This Agreement will not be modified except by further agreement approved by both Parties.