Trust20 Certification Program Agreement
This Trust20 Certification Program Agreement (“Program Agreement”)is entered into on the Effective Date by and between Relish Works, Inc. (“Certifier”, an Illinois corporation with offices at 222 W. Merchandise Mart Plaza, Suite 575 Chicago Illinois 60654U.S.A. and the business establishment identified in this registration (“Participant”).
WHEREAS, Certifier operates the Trust20 Certification Program, through which it provides standards for conditions that promote health and safety interests, sanitization and social distancing practices in commercial establishments providing food and beverages;
WHEREAS, Certifier is the owner of all right, title and interest in the certification mark(s) below:
which, subject to the terms and conditions of this Program Agreement including without limitation the Standards provided herein (including as they may be updated from time to time), Certifier licenses certification marks to establishments providing food and/or beverage services at a commercial kitchen in a fixed location;
WHEREAS, Participant is the owner of an establishment that provides food and/or beverage services in the Territory at a commercial kitchen in a fixed location, and wishes to participate in the Trust20 Certification Program; and
WHEREAS, Certifier agrees to grant, and Participant agrees to accept, a license to use the Licensed Certification Marks, subject to the terms and conditions herein.
NOW, THEREFORE, in exchange for good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows.
- (a) “Certification” means the process in which Participant has met all the Standards, including the requirements in the Checklist as reviewed by the Evaluator on the day of his/her visit to Participant’s location, or as determined by the Evaluator based on video or picture evidence, or on a subsequent visit to the location.
- (b) “Certification Mark Use Guidelines” means the document titled Certification Mark Use Guidelines which describes the proper manner of using and displaying the Licensed Certification Marks and is available at https://www.trust20.co/legal/certification-mark-usage-guidelines , including as it maybe updated by Certifier from time to time.
- (c) “Certified Location(s)” means a location in the Territory that has successfully completed the Certification process, namely, the service location identified in Participant’s registration.
- (d) “Checklist” means the Trust20 Certification Checklist [accessible by clicking here], including as it may be updated by Certifier from time to time.
- ( “Effective Date” means the day on which both of the following criteria are satisfied: (1) the Program Agreement has been electronically agreed to by Participant, and Certifier has notified Participant in writing of Certifier’s acceptance of Applicant’s Program Agreement; and (2) Participant has paid Certifier, and Certifier has received, the prescribed fees indicated at https://www.trust20.co/legal/fee-page.
- (f) “Evaluator” means Certifier or a person nominated by Certifier to visit a prospective Participant’s establishment that provides food and/or beverage services at a commercial kitchen in a fixed location on behalf of Certifier, for evaluating such location according to the Standards.
- (g) “Licensed Certification Marks” means the certification marks licensed pursuant to this Program Agreement, identified above, including as they may be updated in writing by Certifier from time to time.
- (h) “Material Breach” has the meaning as defined in Section 10(f).
- (i) “Material Modification” means a modification to the Certified Location that affects one or more of the requirements in the Checklist.
- (j) “Standards” means the standards against which Certifier evaluates an applicant for Certification, as described in the TRUST20 Certification Mark Standards document , including as it may be updated by Certifier from time to time.
- (k) “Territory” means the geographic locations in which the Trust20 Certification Program is available, including as it may be updated by Certifier from time to time.
- (a) Payment. Participant shall submit the required information and remit the amount of fees as indicated by Certifier at the time of application for Certification.
- (b) Grant. Upon successfully completing and passing the Certification process, payment of applicable fees to Certifier, Participant’s execution of this Agreement, and Certifier’s notification to Participant inwriting of its acceptance of Participant’s Program Agreement, Certifier grants to Participant a limited, non-exclusive, revocable, non-transferable, non-sublicensable, royalty-free, license to use the Licensed Certification Marks (i) at the Certified Location by displaying the “Trust20 Certified” cling sticker that Certifier ships to Participant at the Certified Location (Participants may not copy, reproduce, or modify such cling sticker), and in connection with the advertising of the Certified Location on Participant’s website, in social media and other electronic media, in Participant’s print and digital marketing materials, and on Participant’s menu.
- (c) Reservation of Rights. Except for the limited license herein, Certifier reserves all right, title and interest in and to the Licensed Certification Marks
- (d) Certification Requirements and Modifications. For so long as and at all times during Participant’s use of the Licensed Certification Marks, Participant shall maintain the Certified Location in compliance with (i) all applicable laws and regulations, (ii) all inspection, permitting, and licensing requirements, (iii) all applicable government guidance, including without limitation health, industry, re-opening, and operating guidance, and (iv) the Standards, including each of the criteria in the Checklist as reviewed by the Evaluator during the qualifying evaluation. Participant shall not make any Material Modifications to the Certified Location without first disclosing the Material Modifications in writing to Certifier and re-submitting the Certified Location for Certification at Participant’s sole cost and expense. If Certifier in its sole discretion determines that reevaluation is warranted, Participant shall submit a reevaluation fee to Certifier, as indicated by Certifier. Participant may not use the Licensed Certification Marks on or in connection with Certified Location after implementing Material Modifications unless Certifier or its nominee has confirmed continued Certification after review of the disclosed Material Modifications and, if applicable, a re-evaluation and Participant’s payment of a re-evaluation fee.
- (e) Proper Use of Licensed Certification Marks. Participant may only use the Licensed Certification Marks at or in connection with the Certified Location. In addition,
- i. Participant shall not modify, enhance or change the Licensed Certification Marks;
- ii. Participant shall not combine the Licensed Certification Marks with any name, trademark, service mark, or similar designation of any company or organization;
- iii. Participant shall not use the Licensed Certification Marks as part of an Internet domain name, social media name, or icon;
- iv. PARTICIPANT SHALL ALWAYS DISCLOSE CLEARLY AND CONSPICUOUSLY AND ADJACENT TO THE LICENSED CERTIFICATION MARKS (a) THE LOCATION OF THE CERTIFIED LOCATION AND (b) THE DATE ON WHICH THE CERTIFIED LOCATION WAS REVIEWED BY CERTIFIER OR ITS NOMINEE.
- v. The Licensed Certification Marks inform consumers that the Certified Location was visited, reviewed, and met Trust20 Certified Standards for cleaning and safety on the date of the review. Participant agrees not to use the Licensed Certification Marks in a manner which suggests that Certifier has certified different or additional qualities or characteristics of Participant or its business, or that is otherwise false or misleading to consumers. By way of example and without limitation, Participant may not use the Licensed Certification Marks in a manner that states or implies that Certifier has certified Participant’s compliance with any laws or regulations, or related licensing or inspection requirements.
- vi. Participant shall display the Licensed Certification Marks only in a positive manner, and shall not use the Licensed Certification Marks or any other trademark or service mark of Certifier in a way that disparages Certifier or the Certification Mark program, or that diminishes or otherwise damages Certifier’s reputation or goodwill.
- (f) Unlicensed Use. Participant may not use or reproduce the Licensed Certification Marks in any manner other than as described in this Program Agreement and the Certification Mark Use Guidelines or any other guidelines provided in writing by Certifier. Nothing contained herein grants Participant the right to use any other trademark, service mark, certification mark, tag line and/or logo of Certifier without express written permission from Certifier, and Participant hereby agrees not todo so.
- (g) Certifier May Terminate or Modify Program. Certifier may terminate or modify the Trust20 Certification Program at any time without restriction, for any reason or for no reason.
3. Trademark Ownership.
- a. Ownership of Marks. Participant acknowledges and agrees that Certifier is the sole owner of the Licensed Certification Marks and all associated good will, and Participant shall take no action and make no statement inconsistent therewith.
- b. No Challenge of Ownership. Participant shall not challenge or contest, or cause any third party to challenge or contest, Certifier’s rights in the Licensed Certification Marks, the validity of the Licensed Certification Marks, or any registrations therefore, or the validity of this Program Agreement.
- c. No Attempt to Register. Participant shall not register or attempt to register anywhere in the world the Licensed Certification Marks or any other name or mark comprising Trust20 or confusingly similar thereto, as or as part of a certification mark, trademark, service mark, tag line, domain name, or social media account name or handle, or any similar designation of origin.
- d. No Rights in Mark Acquired by Participant. All use of any of the Licensed Certification Mark by Participant will inure solely to the benefit of Certifier and Participant shall acquire no rights therein. If at any time Participant acquires any rights in, registrations of, or applications for, the Licensed Certification Marks, by operation of law or otherwise, Participant shall immediately upon request by Certifier and at no charge to Certifier assign such rights, registrations, or applications to Certifier, along with any and all associated goodwill.
4. Quality Control.
- a. Right to Review and Inspect. Certifier may, from time to time, request in writing, video or photo evidence of the Certified Location to assess the level of consistency and quality of use of the Licensed Certification Marks in connection with the Certified Location and to ensure that Participant maintains the consistency and quality of the Certified Location and any associated materials throughout the term of the Program Agreement. Participant shall provide such evidence at no cost to Certifier. Participant agrees to cooperate with Certifier in facilitating Certifier’s monitoring and control of the nature and quality of Participant’s activities and Participant shall permit Certifier, its nominees (and any authorized representatives) to conduct reasonable, periodic inspections of any Certified Location with reasonable notice.
- b. Non-conformance. If at any time Certifier reasonably determines that any Certified Location where, or in connection with which, the Licensed Certification Marks are displayed fails to materially conform to the Standards or the terms in this Program Agreement, Certifier shall so notify Participant in writing and the Participant shall correct the non-conformance and provide video and/or photo evidence (as specified by Certifier) within fourteen (14) days from the written notice from Certifier regarding such non-conformance, and/or permit further onsite review of the Certified Location, in Certifier’s sole discretion. For avoidance of doubt, this Section 4 b shall not modify or limit any termination right of Certifier under Section 10 e arising from or in connection with a Material Breach by Participant.
5. Protection of the Licensed Certification Marks.
- a. Duty to Notify. Participant agrees to immediately notify Certifier in writing of any suspected infringement of the Licensed Certification Marks in any jurisdiction of which Participant becomes aware. Participant agrees to notify Certifier of any claims made against it, adverse to or conflicting with Certifier’s exclusive ownership of the Licensed Certification Marks.
- b. Termination in case of third-party claim. Certifier or Participant may immediately terminate this Program Agreement in the event that a challenge to the Licensed Certification Marks is brought against Certifier and/or Participant, upon written notice thereof to the other party.
- c. Right to enforcement and defense. Certifier shall have the sole right, but not the obligation, to take any action on account of any infringement, imitation, claim, or problem related to the Licensed Certification Marks. Certifier may, in its sole discretion, enforce its rights in the Licensed Certification Marks to stop their unauthorized use, and Certifier will retain all recoveries thereby received.
6. Representation and Warranties by the Participant. Participant represents and warrants that it and it’s Certified Location are currently in compliance, and will be and remain in compliance during the Term of this Program Agreement with (i) all applicable laws and regulations, (ii)all inspection, permitting, and licensing requirements, (iii) all applicable government guidance, including without limitation health, industry, re-opening, and operating guidance, and (iv) the Standards, including each of the criteria in the Checklist as reviewed by the Evaluator during the qualifying evaluation.
7. NO WARRANTIES. THE LICENSED CERTIFICATION MARKS ARE LICENSED “AS IS,” AND CERTIFIER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS TO PARTICIPANT, CONSUMERS, OR ANY OTHER PERSONS OR ENTITIES WITH RESPECT TO THE LICENSED CERTIFICATION MARKS OR OTHERWISE REGARDING THIS PROGRAM AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
8. NO REGULATORY CERTIFICATION. THE TRUST20 CERTIFICATION PROGRAM IS NOT AFFILIATED WITH ANY GOVERNMENT AGENCY OR REGULATORY BODY, AND CERTIFICATION GRANTED UNDER THE PROGRAM IS NOT A CERTIFICATION OF COMPLIANCE WITH ANY RELEVANT HEALTH OR SAFETY REGULATIONS AS MANDATED BY GOVERNMENT OR INDUSTRY REGULATORY BODIES. PARTICIPANT MUST CONTINUE TO INFORM ITSELF AND BE IN COMPLIANCE WITH THE RELEVANT RULES AND REGULATIONS FOR ENSURING THE LEGAL OPERATION OF PARTICIPANT AND ITS CERTIFIED LOCATION.
9. LIMITATIONS ON LIABILITY. CERTIFIER ITSELF, ITS EVALUATORS,AND THEIR RESPECTIVE AFFILIATES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, STATUTORY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCURRED BY ANY PARTY ARISING OUT OF OR RELATED TO ANY USE OR EXPLOITATION OR ANY ATTEMPTED USE OR EXPLOITATION OF ANY CERTIFICATION MARK OR LICENSE UNDER THIS PROGRAM AGREEMENT.
10. Term and Termination.
- a. Term. The license granted in this Program Agreement will continue for a period of one year from the Effective Date or until terminated according to this Section 10, whichever occurs first (a “Term”).
- b. Renewal. Participant shall apply for re-evaluation for the renewal of this Program Agreement before the end of an existing Term. If there-evaluation application and the prescribed fee payments are received by Certifier before the end of the Term, Participant may continue to use the Licensed Certification Marks until the re-evaluation is completed or until Certifier declines to re-evaluate or renew. If Participant satisfies the re-evaluation requirements, the Term of the Program Agreement will be extended for one year from the expiration of the prior Term (also, a “Term”).
- c. Failure of Renewal. If Participant does not apply for a renewal re-evaluation or does not pay the required renewal re-evaluation fee to Certifier, as indicated on the https://www.trust20.co/legal/fee-page before end of an existing Term, or does not pass the renewal re-evaluation, or if Certifier declines to re-evaluate or renew, the Program Agreement and all licenses hereunder shall immediately terminate.
- d. Voluntary Termination. Either Certifier or Participant may terminate this Program Agreement with or without cause upon thirty (30) days prior written notice to the other party.
- e. Termination for Material Breach. Certifier may terminate this Program Agreement immediately, and revoke Participant’s right to use the Licensed Certification Marks upon a Material Breach by Participant.
- f. Material Breach Defined. Material breaches shall include, but not be limited to:
- i. Participant’s use of the Licensed Certification Marks in connection with a Certified Location inconsistent with the license granted under this Program Agreement, or otherwise contrary to the provisions of such license;
- ii. Participant’s non-compliance with (i) all applicable laws and regulations, (ii) all inspection, permitting, and licensing requirements, (iii) all applicable government guidance, including without limitation health, industry, re-opening, and operating guidance;
- iii. Participant’s failure to correct any instance of non-compliance under Section 4 b, or to otherwise fail to comply with Section 4 b, within fourteen (14) days upon first notice of non-compliance from Certifier; and
- iv. Participant’s challenge to Certifier’s ownership of the Licensed Certification Marks or any other similar marks.
- g. Termination for Failure to Adopt Amended Terms. Certifier shall have the right to amend this Program Agreement from time to time including without limitation the Standards, the Checklist, and the Licensed Certification Marks, by providing Participant with at least thirty (30) days written notice of such amendment, at the correspondence email address(es) submitted with Participant’s application for Certification. For avoidance of doubt, nothing in this Section 10 g shall modify or limit any termination right of Certifier under other provisions of this Program Agreement.
- h. Partial Termination by Certifier. Certifier may terminate Participant’s right to use one or more of the Licensed Certification Marks without need of judicial notice or court action in one or more particular countries, states, counties, or other jurisdictions (each a “jurisdiction”) (i) where such continued use is prohibited in any respect by the action of any judicial, administrative or like authority, or as a result of an agreement with a third party to settle a dispute relating to a trademark or service mark based on the Licensed Certification Marks, or (ii) in which Certifier determines that the continued use of the Licensed Certification Marks in such jurisdiction may impose potential liability on Certifier or threaten Certifier’s ownership or use of any of the Licensed Certification Marks. Without limiting the aforesaid, Certifier may also terminate Participant’s right to use one or more of the Licensed Certification Marks upon thirty (30) days written notice if Certifier amends the Trust20 Certification Program, the Program License, the Certification Mark Use Guidelines, or otherwise, such that the terminated Licensed Certification Mark is no longer a Licensed Certification Mark under the Trust20 Certification Program. Upon a partial termination under this Section 10 h, Participant must cease use of the terminated Licensed Certification Mark.
- i. Termination of Certification Mark Program. This Program Agreement immediately terminates upon discontinuance of the Trust20 Certification Program, for any reason. If this Program Agreement is terminated pursuant to this Section 10 i, Participant must immediately cease use of the Licensed Certification Marks upon notice from Certifier.
- j. Effect of Termination. Upon the expiration or termination of this Program Agreement, (a) Participant will have no further rights, privileges, or licenses under this Program Agreement, (b) Participant will discontinue immediately all use of the Licensed Certification Marks and will not use any marks confusingly similar thereto, which obligation shall include, without limitation, the take down, deletion and removal of any and all displays of the Licensed Certification Marks at Participant’s establishment and any other physical location, from Participant’s websites, social media and other electronic media accounts, and any other physical or digital locations reasonably under Participant’s control, and for locations that are not under Participant’s direct control but are related to the advertising or delivery of Participant’s services, Participant shall make best efforts to cause the third parties controlling them to immediately remove the Licensed Certification Marks and/or any materials that include the Licensed Certification Marks, and (c) and Participant will cooperate generally with Certifier to ensure that all rights in the Licensed Certification Marks and the goodwill connected therewith shall remain the property of Certifier. For avoidance of doubt, Participant’s obligations to cease use, take down, delete, and remove uses of the Licensed Certification Marks under Section 10 j (b) shall apply to all uses of the Licensed Certification Marks irrespective of the date they were originally displayed, posted or otherwise distributed.
- k. Survival. The obligations in Sections 3 (Trademark Ownership), 6 (Representations and Warranties), 7 (No Warranties),8 (No Regulatory Certification), 9 (Limitations on Liability), 10 (j) (Effect of Termination), 10 (k) (Survival),12 (Indemnification), and 13 (Miscellaneous) will survive termination of this Program Agreement.
11. Certifier’s Use of Participant Mark and Display of Participant’s Certified Location.
Participant hereby grants to Certifier the right to use Participant’s trademarks and service marks, including any logos used by Participant, to identify Participant’s Certified Location(s) and to identify Participant as the source of the Certified Location(s), including by placing Participant’s name, trademark, logo, Certified Location(s)’ names and information on Certifier’s applicable website, webpage, social media and other electronic media, advertising and marketing, and in any other electronic and print materials through which Certifier identifies, describes, promotes, or markets the Trust20 Certification Program or the Certified Location(s).
Participant agrees to defend, indemnify and hold Certifier and its Evaluators, and their respective representatives, employees, officers, directors, and agents harmless against all claims, suits, costs, damages, judgments, attorney’s fees, settlements or expenses incurred, caused by, or arising from or relating to any breach of this Program Agreement, including the representations and warranties therein, by Participant or claimed, obtained or sustained by any third party, whether for personal injury, misrepresentation, or otherwise arising out of or relating to any breach of this Program Agreement, including the representations and warranties therein, by Participant or claimed, obtained or sustained by any third party, whether for personal injury, misrepresentation, or otherwise arising out of or relating to the advertising, promotion, or use of the Certified Location or the Licensed Certification Marks or misuse of the Licensed Certification Marks by Participant, provided such claims are not caused by Certifier’s breach of this Program Agreement.
- a. Governing Law and Venue. This Program Agreement shall be governed by the laws of the state of Illinois, USA, excluding its choice of law provisions.
- b. Dispute Resolution. Subject to Section 13 c below, all disputes, claims and controversies, whether based in contract, statute, regulation, ordinance, tort, or any other legal or equitable theory, which includes without limitation disagreements on the validity, enforceability, or scope of this Program Agreement between Participant and Certifier (“Dispute(s)”) shall be resolved by binding arbitration and arbitration will be conducted by a single arbitrator.
Acceptance of these Program Terms waives the right to be heard by a judge or jury. PARTICIPANT AND CERTIFIER AGREE THAT, EXCEPT AS PROVIDED IN SECTION 13 c BELOW, ANY AND ALL DISPUTES, ARISING FROM OR RELATING TO THIS PROGRAM AGREEMENT WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT.
Arbitration will be conducted in accordance with the then existing Commercial Arbitration Rules of the American Arbitration Association, at an agreed upon location in Cook County, Illinois. Under no circumstances will class action procedures or rules apply to the arbitration. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. The arbitrator shall not consolidate more than one person's claims, and shall not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action).
The decision of the arbitrator made in writing will be final and binding upon the parties as to the questions submitted, and the parties will abide by and comply with such decision; provided, however, the arbitrator shall not be empowered to award punitive damages. Unless the decision of the arbitrator provides for a different allocation of costs and expenses determined by the arbitrator to be equitable under the circumstances, the prevailing party in any arbitration will been titled to recover all reasonable fees (including but not limited to outside attorneys' fees) and expenses incurred by it in connection with such arbitration from the non-prevailing party.
Except as may be required bylaw, neither a party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.
To the extent any Dispute is not subject to binding arbitration, the parties agree that any dispute arising out of or related to this Program Agreement will be subject to, and the parties hereby consent to, the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois. The parties may apply to such courts to compel arbitration in accordance with this Program Agreement without breach of this arbitration provision.
- c. Injunctive Relief. Certifier may obtain in any court of competent jurisdiction any injunctive relief, including temporary restraining orders and preliminary injunctions, against conduct or threatened conduct for which no adequate remedy at law may be available or which may cause Certifier irreparable harm.
- d. Severability. If any term or condition of this Program Agreement is or becomes invalid or unenforceable, the validity or enforceability of any other term or condition of this Program Agreement shall not be affected and such invalid or unenforceable term or condition shall be enforced to the maximum extent permitted by law and completed by a valid interpretation of such term or condition, which to the extent possible, achieves the original purpose of the invalid or unenforceable term or condition.
- e. No Waiver. No failure to exercise, nor any delay in exercising or invoking any right or remedy under this Program Agreement by Certifier shall operate as a waiver thereof, nor shall any single or partial exercise or invoking of any right or remedy prevent any further exercise thereof or the exercise or invoking of any other right or remedy.
- f. Successors or Assigns. Participant may not transfer its rights or obligations under this Program Agreement in whole or in part to any third party without the prior written consent of Certifier, and any attempt to do so is void. This Program Agreement shall be freely assignable and transferrable, in whole or in part, by Certifier.
- g. Relationship. Nothing contained in this Program Agreement shall be construed as creating a joint venture, partnership, agency or employment relationship between the parties, and neither party will have any right to bind the other or incur any obligation on the other’s behalf without the other’s prior written consent.
- h. Notices. Updates and notices will be sent to participants by email at the email addresses submitted with the application. Notice will be deemed to have been given by the end of the business day in the recipient’s time zone on which it is sent. Either party will advise the other of changes of address by written notice.
- i. Entire Agreement. This Program Agreement, including any additional terms and exhibits references herein, constitute the entire agreement between Certifier and Participant with regard to the Trust20 Certification Program and supersede all prior negotiations, agreements, and understanding with respect to the subject matter. No addition to or deletion from or modification of any of the provisions hereto shall be binding upon Certifier unless made in writing and signed by an authorized representative of Certifier.
- j. Counterparts. This Program Agreement will be executed in electronic counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
By entering your name and title and clicking the “ACCEPT” button below, Participant accepts this Program Agreement and agrees to be legally bound by the terms and provisions herein. Upon receiving notification of Participant’s acceptance of this Agreement, Certifier may notify Participant in writing of its acceptance of Participant’s Program Agreement. If Participant has paid Certifier the prescribed fees indicated at https://www.trust20.co/legal/fee-page, then this Agreement becomes effective when the Program Agreement has been electronically agreed to by Participant, and Certifier has notified Participant of Certifier’s acceptance of the same.