IIBA Global Partner Program - Terms & Conditions - EEP
This Training Partner Program Agreement (the “Agreement”) is entered into between International Institute of Business Analysis ("IIBA"), a Canadian non-profit corporation and you ("Provider"), a registered academic or commercial training provider (collectively, the "Parties"), and is effective as of the date of the Provider electronically accepts the terms and conditions of this Agreement (the “Effective date”).
WHEREAS
- IIBA owns valuable intellectual property including the BABOK® Guide, certification programs, and associated marks;
- Provider wishes to participate in IIBA's Training Partner Program to deliver business analysis education aligned with IIBA standards;
- Parties wish to establish the terms under which Member may: (a) Participate in IIBA's Training Partner Program; (b) Use certain IIBA intellectual property for educational purposes; (c) Submit courses for IIBA authorization; and (d) Access volume purchase orders for certification examinations.
- IIBA may disclose confidential information to Partner in connection with this Agreement;
THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:
- DEFINITIONS
In this Agreement, the following terms shall have the meanings set out below:
“BABOK® Guide” is the copyrighted work owned by IIBA that consists of the knowledge and current practices that are generally accepted within the business analysis profession.
"Course" or “Authorized Course” means any IIBA-authorized instructional program delivered under this Agreement, including classroom-based, computer-based, or online instruction formats.
"Course Materials" means all supporting educational content used in connection with a Course, in any media format (hardcopy, electronic, or digital), where at least seventy-five percent (75%) of the substantive content aligns with IIBA's Standards and Publications: (i) ECBA™ Materials comprising all content addressing Entry Certificate in Business Analysis™ requirements; (ii) CCBA® Materials covering Certification of Capability in Business Analysis™ preparation; and (iii) CBAP® Materials for Certified Business Analysis Professional™ certification requirements.
“ECBA™” “CCBA®” “CBAP®” “IIBA®-AAC ™” “IIBA®- CBDA” “IIBA- CCA™” and “IIBA®-CPOA” are each designation conferred by IIBA to certify that the individual holding the designation has met the appropriate standards, qualifications and testing requirements established by IIBA.
"Marks" means all IIBA trademarks, service marks, certification marks, logos and trade names. More details may be found on IIBA’s website. See https://www.iiba.org/about-iiba/brand-centre-brand-identity-marketing-media/trademarks-and-guidelines/ .
“IIBA’s Standards and Publications” means the standards and publications, both registered and unregistered copyrights, (including, without limitation, the BABOK® Guide) developed and owned by IIBA for the practice of business analysis as a profession, both in existence and as published by IIBA in the future.
“Intellectual Property” means any discoveries, research, developments, designs, industrial designs, improvements, innovations, inventions, creations, software, computer programs and code of all types, layouts, interfaces, applications, tools, databases, hardware, methods, concepts, processes, know-how, formulae, mask works, works subject to copyright and other technologies, trademarks, design marks, works and creations now existing or developed in the future, whether or not registered or registrable, patentable or non-patentable or confidential or non-confidential. Intellectual Property includes those materials referenced by IIBA’s Standards and Publications.
"Intellectual Property Rights" means all legal protections afforded to Intellectual Property worldwide, including: (i) copyrights and related rights; (ii) patents; (iii) trademark and trade dress rights; (iv) design protections; (v) database rights; (vi) trade secrets; and (vii) all associated registrations, applications, and derivative rights. “Program” means a prescribed series or grouping of Courses.
“Training Program Partner” or “IIBA Training Partner Program Member” means an accredited academic institution or a registered commercial training provider that has: (a) paid the applicable fees; (b) complied with all terms of this Agreement; and (c) been granted by IIBA the right to participate in the Training Partner Program, including the benefits of using designated IIBA intellectual property, submitting courses for authorization, and accessing certification exam purchase programs.
- COMPENSATION, GRANT, TERM AND CONDITIONS
- Compensation. Provider will pay IIBA the applicable fees prescribed in Schedule A plus all applicable taxes, including, without limitation, harmonized sales taxes, local sales and use taxes. IIBA shall have the right at any time and from time to time during the Initial Term or any Renewal Term to change the fees prescribed in Schedule A or any applicable taxes on not less than sixty (60) days’ notice in writing to the Partner.
- Grant. Subject to the terms and conditions herein and upon payment to IIBA of the fees prescribed in Schedule A, IIBA grants the Provider, status as “Training Program Partner”, as applicable, for a period of one (1) year, renewable for each successive year that this Agreement is renewed.
- Term and Renewal. The term of this Agreement shall commence on the Effective Date and shall continue for a period of one (1) year (“Initial Term”). The term may be renewed for successive one (1) year terms (each a “Renewal Term”) upon mutual agreement of the parties, unless terminated or not renewed in accordance with the terms of this Agreement.
- Partnership Advantage Plan (applicable to Premium level). At IIBA’s discretion and upon request, Training Partners may access the Partnership Advantage Plan which offers a bundled certification package. This package typically includes an IIBA certification exam, application fee (if applicable), and a one-year membership; however, IIBA may amend its contents at any time.
Pricing is set solely by IIBA, applies only to the bundled offer, and may not be combined with other promotions. Participation is optional and subject to IIBA approval.
Training Partners must:
- Offer the package as a single product
- Ensure complete delivery to students
- Promote the package in good faith
- Keep pricing and terms confidential
- Obtain consent to share student data with IIBA in accordance with IIBA’s Privacy policy.
IIBA may suspend or revoke access to this option for non-compliance with program terms.
- Restrictions. Provider is prohibited from granting or endowing any individual with any accreditation, certification, or professional designation on behalf of IIBA.
- Misleading Advertising. Provider agrees that it will not engage in any marketing practice that:
- Misrepresents the nature, quality, or outcomes of its courses or its relationship with IIBA or third-party sponsors;
- Violates applicable laws in any jurisdiction where courses are offered, advertised, or materials are distributed;
- Causes confusion among students or the public regarding IIBA’s authorization, accreditation, or affiliation;
- Is false, misleading, or deceptive in any material respect; or
- Infringes the rights (including intellectual property or privacy rights) of IIBA, students, or third parties.
- INTELLECTUAL PROPERTY
- General
- Each party retains exclusive ownership of its pre-existing Intellectual Property Rights. Provider acknowledges that IIBA owns all rights in: (a) its Confidential Information; and (b) all materials, work product, and deliverables created by IIBA under this Agreement, and nothing in this Agreement will function to transfer IIBA intellectual property and confidential information rights to the Provider.
- IIBA may, in its sole discretion, publish the name of the Provider on its website and in any public descriptions of the Training Partner Program and/or the results thereof, and the Provider hereby grants to IIBA a worldwide, revocable, non-exclusive right and license to use of the name, trademarks and any logos of the Provider in association with such disclosure. IIBA may use aggregated statistics from the Provider internally and externally, so long as such aggregated statistics do not disclose data provided by an individual Provider.
- Identification as Training Partner Program
- Limited License. Subject to the terms of this Agreement, IIBA grants Provider a limited use, non-exclusive, non-assignable and revocable license (without the right to sublicense) to identify itself as an “IIBA Training Partner” and to use its trade-marks (collectively, the “Marks”) subject to IIBA’s trademark and brand guidelines, currently published at https://www.iiba.org/about-iiba/brand-centre-brand-identity-marketing-media/trademarks-and-guidelines/ for the Term, solely for the purposes described under this Agreement. Provider confirms on execution of this agreement that it has familiarized itself with the information contained in the trademark and brand guidelines. IIBA reserves the right to alter or amend these guidelines at any time and will inform the Provider by publishing the revised version on its website.
- Provider will give public notice on documents, signage, advertisements, websites, and other materials on which the Marks are affixed that the Marks are wholly owned by IIBA and are used under license granted by IIBA.
- Permitted Use of Marks. Provider may use IIBA's Marks (including ECBA™, CCBA®, CBAP®, IIBA AAC®, IIBA-CBDA®, IIBA-CCA®, and IIBA-CPOA® and/or the designations’ full names) solely to promote BABOK®-aligned materials(books, exams, study guides, software); and advertise IIBA-authorized courses (classes, seminars, training) preparing students for IIBA certifications. Provider may also reproduce limited portions of the BABOK® Guide in course materials, provided all copyright notices are maintained.
- Restrictions on Use of Marks and Materials
Provider shall not use IIBA’s Marks or materials in any unauthorized, misleading, or non-compliant manner, including:
- Modify, create derivative works of, or claim ownership over any IIBA materials or intellectual property;
- Use the Marks in any unauthorized, misleading, altered, or co-branded manner without IIBA’s prior written consent;
- Permit third-party use of the Marks or engage in joint programs or partnerships using the Marks unless all parties are authorized by IIBA;
- Register or attempt to register any of the Marks, the IIBA name, or any substantially similar name or mark;
- Use the Marks in any way inconsistent with IIBA’s quality standards, which IIBA maintains through authorization, content oversight, and compliance audits; or
- Continue use of the Marks following termination of this Agreement; all Marks must be removed from all materials and platforms, and this obligation shall survive termination.
- COPYRIGHT LICENSE
- Copyright License. Subject to this Agreement, IIBA grants Provider a limited, non-exclusive, non-transferable, non-assignable, and revocable license to use select content from the current version of IIBA’s Standards and Publications, in printed publications and Course materials for IIBA-authorized Courses (including those under review, if eventually authorized), on the following terms:
- Diagrams may be used as-is with proper copyright attribution; redrawing is prohibited except for minor cosmetic changes (e.g., color).
- Glossary may not be altered in any way and may not be incorporated into other work without express written permission from IIBA. Glossary may be reproduced in full, unaltered, and as a standalone handout.
- Text or sections of IIBA’s Standards and Publications for Course materials maybe reproduced verbatim and unmodified with proper copyright attribution; however, the reproduction of any entire publication, in whole or substantial part, is expressly prohibited.
- Copyright Attribution. All reproductions from IIBA’s Standards and Publications under this grant of license must be accompanied by a copyright notice attributing ownership to IIBA.
- OBLIGATIONS OF PROVIDER
- Provider agrees to carry out the following obligations under this Agreement:
- Programs and Activities. Provider will use its best efforts to ensure that its Courses, Programs and activities are conducted in such a manner to be of the highest quality with respect to content, materials, logistical preparation, and delivery.
- Audit. For Course delivery, Provider will maintain materials related to the Course content, syllabus and Course and instructor evaluations for not less than two (2) years after termination of this Agreement subject to disclosures permissible under applicable legislation. Upon request from IIBA, Provider will deliver such Course content, syllabus and evaluations to IIBA so that it may determine whether such materials comply with the terms and conditions in this Agreement.
- Status. Provider will maintain its status as accredited academic institution or a registered commercial training provider with appropriate facilities and qualified instructors and will remain in full compliance with this Agreement throughout the Term, and any subsequent terms.
- Data Protection. Each Party shall, at its own expense, ensure that it complies, and assists the other Party to comply, with the requirements of all applicable legislation, regulatory requirements, IIBA Privacy policy and IIBA Terms of Use policy in force from time to time relating to the use of personal data and the privacy of electronic communications (“Data Protection Laws”).
- CONFIDENTIAL INFORMATION
- Confidential Information. The Parties acknowledge that, from time to time, either party may disclose or make available to the other information, knowledge or materials that are confidential (the “Confidential Information”). Such Confidential Information may include but is not limited to advance disclosure of an upcoming publication prior to public release of the publication, or advance disclosure of an upcoming project prior to public announcement of such project whether in written, graphic, machine recognizable, electronic, sample, or any other visually perceptible form, or in oral form, which is clearly designated as “confidential” or “proprietary” at the time of disclosure or which would reasonably be understood to be confidential under the circumstances (including all business, technical, and financial information).
- Exclusions and Permitted Use. Obligations in this section do not apply to information that: (i) was known to the Recipient before disclosure; (ii) becomes public without breach of this Agreement; (iii) is independently developed; (iv) is approved for disclosure in writing by the Confider; (v) is lawfully disclosed by a third party; or (vi) is required by law to be disclosed. Provider may use Limited Disclosure Confidential Information solely for internal course development and must not disclose it to course participants or the public.
- Post-Termination Obligations. This Agreement shall not grant the Provider any rights, title, or interest in IIBA’s Confidential Information, products, business, or operations. Upon termination or IIBA’s request, the Provider shall immediately cease use of, and return or destroy, all such Confidential Information in any form. Confidentiality obligations survive termination.
- TERMINATION
Either Party may terminate this Agreement for convenience with at least sixty (60) days’ prior written notice. If the Provider terminates without cause or IIBA terminates with cause, all fees paid are non-refundable. If IIBA terminates without cause, it will refund the Provider a pro-rated portion of fees paid.
Upon termination, the Provider shall immediately cease all representations of affiliation with IIBA, including removing IIBA’s Marks and copyrighted materials from all materials and platforms, and discontinuing any written or verbal claims of authorization or association. Clauses intended to survive termination, including obligations related to confidentiality, intellectual property, and indemnities, shall remain in effect.
- GENERAL
- Independent Relationship
Provider affirms its experience and autonomy in delivering educational programs and acknowledges that success depends on its own capabilities and market conditions. No joint venture, partnership, franchise, employment, or agency relationship is created by this Agreement. IIBA will not provide operational or business development assistance beyond licensing its intellectual property.
- Language and Notices
All communications shall be in English. Notices may be delivered by email (preferred), personal delivery, courier, or certified mail to the addresses below:
- Provider: [Per submitted details]
- IIBA: International Institute of Business Analysis
2544 Weston Road Unit #529,
North York, ON M9N 2A6 Canada
Email: partners@iiba.org and blake.heggestad@iiba.org
Attention: Blake Heggestad, Director, Global Programs and Partnerships
- Disclaimer, Indemnity, and Survival
IIBA disclaims all warranties, representations, and conditions, express or implied, regarding its services, wares, and the Training Partner Program, including implied warranties of merchantability or fitness for a particular purpose.
Provider agrees to indemnify, defend, and hold harmless IIBA, its officers, employees, agents, affiliates, and licensors from any claims, liabilities, losses, or expenses (including legal fees) arising from Provider’s breach of this Agreement or participation in the Training Partner Program.
Sections addressing confidentiality, intellectual property, disclaimers, indemnity, and other provisions intended to survive shall do so following expiry or termination.
- Limitations and Governing Law
IIBA shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits or business, arising from this Agreement, even if advised of such possibility.
This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. The parties submit to the non-exclusive jurisdiction of Ontario courts.
- Entire Agreement and Miscellaneous
This Agreement (including any schedules) is the entire understanding between the Parties, superseding all prior agreements or representations. No waiver is valid unless in writing and signed. Waiver of one provision shall not imply waiver of others.
Provider may not assign this Agreement without IIBA’s prior written consent. Headings are for reference only and have no legal effect. Words in singular include plural and all gender expressions are intended. Both parties agree to comply with applicable privacy laws and protect confidential information accordingly.
- Additional Schedules. IIBA may, at its discretion, issue additional offers or agreements as schedules to this Agreement. The terms of this Agreement shall continue to apply and survive the termination of any such schedules.
SCHEDULE A: TRAINING PARTNER PROGRAM FEES
- Program Fees
The Provider shall pay IIBA the applicable annual program fee as specified in the invoice, plus all applicable taxes, including, without limitation, harmonized sales tax (HST), local sales tax, and use tax.
- Payment Terms
- Payment due within 30 days of invoice receipt.
- Fees are in USD. Canadian HST/GST applies to Canadian Providers only.
- International orders are tax-exempt unless required by law.
- Wire transfers are subject to a processing fee (currently $28 USD).
- Once confirmed, orders are non-refundable.
- No refunds for overlapping membership.