Subject Matter Expert Non-Disclosure Agreement

I, ________________________________, in consideration of my participation in a certification program of The Computing Technology Industry Association, Inc. (“CompTIA”) as a Subject Matter Expert (“SME”), agree as follows:

  1. I will keep confidential and secret any and all information, including, but not limited to, examinations, test questions, test question responses and answers, analyses, studies and other nonpublic records and information, that are disclosed to me as a result of my participation in any CompTIA certification program or that I develop, alone or with any third party, during my participation in any CompTIA certification program ("Confidential Information").
  2. I will treat all Confidential Information as CompTIA's sole property and proprietary information and take all steps necessary to ensure its confidentiality. I will use Confidential Information only as needed to carry out the purposes of CompTIA or my duties as a SME. Except for the purposes of carrying out such duties, I will not copy or otherwise duplicate Confidential Information or knowingly allow anyone else to copy or otherwise duplicate Confidential Information.
  3. I will return to CompTIA all Confidential Information in my possession or control at the completion of my service as an SME or upon CompTIA's request, whichever is earlier.
  4. Upon discovery of any unauthorized use or disclosure, or suspected unauthorized use or disclosure, of Confidential Information, I will promptly inform CompTIA in writing of such unauthorized use or disclosure. I will cooperate with CompTIA in every reasonable way to help CompTIA regain possession of Confidential Information and prevent its further unauthorized use or disclosure.
  5. CompTIA will own all Confidential Information, including, but not limited to, test questions, test question responses and answers, developed, reviewed or revised by me, either alone or jointly with any third party, related to any CompTIA certification program. I agree that no transfer of ownership, nor any license or right, in any Confidential Information is granted to or conferred upon me in this Agreement, by any disclosure of such Confidential Information by CompTIA or by my participating in a CompTIA certification program.
  6. The material that I develop or help to develop as an SME is work specially ordered or commissioned by CompTIA for use as part of a certification program test or as related test question or answer material. I expressly agree that all such work shall be considered a work for hire under copyright law and the sole property of CompTIA.
  7. I hereby transfer or assign to CompTIA any copyright ownership or right I may have in or to all current or prior CompTIA certification program test questions and answers developed, reviewed or revised by me, either alone or jointly with others and agree to execute and deliver to CompTIA any further documents as requested by CompTIA to facilitate such transfer or assignment.
  8. I agree that only original material, not owned by any other person, will be submitted by me to CompTIA. If material from any other source is used for any test item submitted by me, I will notify CompTIA in writing of such source at the time such test item is submitted. In carrying out my duties as a SME, I will do nothing that will violate or infringe the rights of any other person.
  9. I will not use my participation in any CompTIA certification program or status as a SME for any commercial purpose. I will not participate in the creation, publication, review or revision of any book, literature, training course or other training material of any kind, in any medium whatsoever, that discusses any CompTIA certification program or related CompTIA certification examination, mentions my participation in any CompTIA certification program as a subject matter expert or in the development or review of any CompTIA certification examination or test questions, or purports to provide training for, preparation for, or information about any CompTIA certification program or any related CompTIA certification examination.
  10. I agree that CompTIA shall be entitled to injunctive or equitable relief to prevent or curtail any actual or threatened breach of the provisions of this Agreement by me and recovery of reasonable attorneys' fees incurred in any such action.
  11. I agree that any and all disputes arising hereunder shall be governed by and interpreted in accordance with the laws of the United States of America and the laws of the State of Illinois. I hereby submit to the jurisdiction of the state and federal courts of the State of Illinois for the resolution of any of such disputes and waive any objection to the propriety or convenience of venue in such courts.

 

Signed and Agreed to by:
SUBJECT MATTER EXPERT:
Name: ______________________________________________________________________
Signature: ____________________________________________________Date: ___________