These Certified Consultant Terms (”Terms”) apply to your participation in any Notion Consulting Partner Program (each a "Program," and collectively, "Programs"). By registering for a Program, you or the entity you represent (”you” or “your”) agree these Terms form an agreement between you and Notion Labs, Inc. (“Notion,” “we,” “us,” “our”). In addition to these Terms, your participation in any Program is subject to the applicable policies made available by Notion (“Program Policy(ies)”).
“Notion Certified Consultant” means an individual who (i) has met all Program requirements, including passing any required Exam; and (ii) is approved by Notion. Notion Certified Consultants may receive additional benefits as specified in the Program Policy such as the authorization to display a digital badge signifying their status as a Notion Certified Consultant (”Notion Digital Badge”).
Program Description.** The Program assesses individuals to determine whether they meet Notion Certified Consultant requirements. Program requirements are found in the Program Policies. Program Policies and these Terms may be changed, including recertification and other additional requirements, at any time and in Notion’s sole discretion. Your participation in any Program following any change to the Program Policy or these Terms will constitute your acceptance of those changes.
1.1 Exam. As part of the Program, you will take a certification assessment (an "Exam") to demonstrate your knowledge and skill in the subject matter assessed by the Exam. Upon passing an Exam and completion of the Program requirements, as determined by Notion in its sole discretion, you are eligible for Certification.
1.2 Certifications.** If you pass an Exam and meet all eligibility requirements, Notion may approve you as a Notion Certified Consultant (a “Certification”). Notion offers different levels of Certification, each with separate and distinct requirements and benefits that are reflected in the applicable Program Policy for that Certification. You must continue to meet all requirements, including maintaining acceptable customer satisfaction, to maintain your Certification in good standing.
1.3 Recertification.** Notion may require that you renew your Certification status and you may be required to pass the then-current applicable Exam.
1.4 Changes to Exams.** You acknowledge that Notion may update or modify the content of an Exam at any time and in Notion’s sole discretion.
Authorization to use Notion Digital Badges.
2.1 If approved by Notion as a Notion Certified Consultant, Notion authorizes you to use the applicable Notion Digital Badge for which you have been certified. All rights not expressly granted herein are reserved by Notion.
2.2 You acknowledge Notion has sole ownership of the Notion Digital Badges and Notion’s trademarks, service marks, logo, and all related intellectual property rights (”Notion Marks”). Nothing in this Agreement, in your performance as an Notion Certified Consultant, or otherwise gives you any right, title, or ownership interest in the Notion Marks or any Notion content or materials.
2.3 You may only use the Notion Digital Badges as permitted by the Program Policy and Notion Brand Usage Guidelines. You shall not use the Notion Digital Badge in a manner that may interfere with or diminish the rights of Notion in the Notion Marks. Nothing in this Agreement shall authorize you to use a Notion Marks except as expressly specified in this Agreement.
2.4 You may use a Certification only to hold yourself as individual out as accredited or certified by Notion. Corporate or other non-individual entities or organizations are not eligible to use Certifications to represent themselves as accredited, certified, or credentialed by Notion. You may use a Certification only in accordance with the then-current Notion Brand Guidelines, which are located at the following URL: <Insert Notion Guidelines>
Your Obligations. You will act and perform all activities under the Program, including any and all services you may provide and business you may conduct as a Notion Certified Consultant, in a manner that maintains the good reputation of Notion and its services and the Notion brand. Without limitation, you: (i) will not engage in any illegal, false or deceptive acts or practices; (ii) will not hold yourself out as a representative, employee or contractor of Notion or make any representations, warranties, or guarantees to customers on behalf of Notion; and (iii) will comply with all applicable laws and regulations including, but not limited to laws regulating your professional status and licensing requirements and export regulations.
You are responsible for the accuracy, completeness, quality and legality of any information you provide in connection with any Program, the means by which you acquired such information, and your use of such information in connection with any Program.
You agree to adhere to our Content & Use Policy at all times in connection with your participation in any Program.
Disclaimer of Warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTION SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES RELATING TO THE PROGRAM INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF NOTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE PROGRAMS, EXCEED FIFTY U.S. DOLLARS ($50.00). THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT WILL NOTION OR ANY NOTION ENTITY HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COSTS OF COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF NOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF ANY REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
5.1 Some jurisdictions do not allow limitations of liability in certain circumstances and the limitations do not apply if prohibited by law.
5.2 You agree that Notion shall have no liability to you and that you shall defend, indemnify, and hold Notion, its affiliates, and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all actions, demands, claims, and liabilities arising out of: (i) your use of the Notion Digital Badges in a manner which is in any way inconsistent with these Terms; (ii) the performance, promotion, sale, or distribution of your services as a Notion Certified Consultant; and (iii) the termination of this Agreement by Notion or termination of your status as a Notion Certified Consultant.
5.3 In the event Notion seeks indemnification from you, Notion will promptly notify you in writing of the claim(s) for which Notion seeks indemnification. Notion reserves the right, at its option and sole discretion, to assume full control of the defense of such claim with legal counsel of its choice. In the event Notion assumes control of the defense of such claim, Notion shall not settle any such claim requiring payment from you without your prior written approval. Upon Notion’s request, you shall reimburse Notion for any expenses reasonably incurred by Notion in defending such a claim, including, without limitation, attorney's fees and costs, as well as any settlement of the claim in respect to which the foregoing relates.
Confidentiality. The content of the Exam, including questions, answers, or any communication, oral or written, regarding or related to the Exam is Notion’s confidential information ("Confidential Information"). You will not disclose or transmit Confidential Information to any other person. You may use Exam content only for the purpose of taking the Exam. You may not use the Exam for any other purpose.
Notwithstanding any other provision in these Terms, if you provide any ideas, suggestions or recommendations (“Feedback”) to Notion regarding or in any way related to the Program, the Exam, Notion, or Notion’s Confidential Information, Notion is free to use and incorporate such Feedback in Notion’s sole discretion, without payment of royalties or other consideration to you. Nothing in these Terms shall be interpreted to grant a license or waive any rights in either party’s patents, copyrights or trademarks.
Term and Termination.
7.1 These Terms may be terminated by either Party at any time without cause (i.e. for any or no reason), on thirty (30) days’ written notice to the other party.
7.2 Notion may immediately terminate these Terms, including termination and revocation of any Certifications and all rights to use Notion Digital Badges if: (i) you fail to fully perform or comply with any obligation under these Terms; (ii) you use an Exam or Notion Digital Badge, or disclose Confidential Information for a purpose other than the stated purpose of these Terms; (iii) you infringe an intellectual property right of Notion; or (iv) engage in an activity prohibited by law.
7.3 Immediately upon notice of termination of these Terms by Notion, you shall immediately cease all use of all Notion Digital Badges.
7.4 Termination of these Terms shall not prejudice or in any way compromise Notion’s rights under this Terms or in law, or equity.
Relationship of Parties.
8.1 You acknowledge and agree that nothing in these Terms or any other fact or circumstance shall create an employment relationship between you and Notion, nor shall it create any partnership, joint venture, principal-agent or franchisor-franchisee relationship. You shall confirm the status of your relationship with Notion and your lack of authority to act on Notion’s behalf whenever necessary to avoid third party confusion.
8.2 You shall not advertise, promote, or suggest in any manner that your services are provided by, sponsored by, or associated in any way with Notion, or that you are employed by, affiliated with, or sponsored by Notion, except to display your Notion Digital Badge(s).
Governing Law and Venue. All claims arising out of or relating to these Terms will be governed by the laws of the State of California, excluding its conflict of laws rules, and will be litigated exclusively in the federal or state courts of San Francisco County, California, USA; you and Notion consent to personal jurisdiction in those courts.
Data Sharing and Protection.
10.1 You agree and understand that it is necessary for Notion to collect, use and otherwise process your personal information to process your Exam, issue and maintain Notion Digital Badges, otherwise support the services provided under these Terms and the applicable Program.
11.1 You may not assign your rights or obligations under these Terms. Any unauthorized assignment is void.
11.2 Notion is not liable for any performance or delays.
11.3 A waiver by Notion of any breach or default under these Terms shall not constitute a waiver by Notion of any subsequent breach or default.
11.4 If a court of competent jurisdiction holds that any provision of these Terms are invalid or unenforceable, the remaining portions will remain in full force and effect.
11.5 These Terms constitutes the entire agreement between you and Notion with regard to the Program, and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter. No modification of this Agreement shall be binding upon Notion unless made in writing, and signed by an authorized representative of Notion.
12.1 Age. You must be 18 years of age or older to be eligible for any Program.
12.2 Trade Compliance. You are not eligible to participate in the Program if your participation in the Program would violate applicable export controls or sanctions programs, including if you are a resident of Cuba, Crimea, Iran, North Korea, Syria, Russia, Belarus, or the regions Donetsk People’s Republic or Luhansk People’s Republic.
Last updated: September 14, 2023