Merit Program for Instructors (MPI) Microcredentials Confidentiality and Usage Agreement     

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS MAHJ LIFE MERIT PROGRAM FOR INSTRUCTORS MICROCREDENTIALS CONFIDENTIALITY AND USAGE AGREEMENT. SIGN ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. FAILURE OR REFUSAL TO SIGN THIS AGREEMENT MAY PRECLUDE YOU FROM RECEIVING THE RESULTS OF ANY EXAM AND/OR RESULT IN FORFEITURE OF YOUR EXAM FEE, AT MAHJ LIFE’S SOLE DISCRETION.

This Mahj Life Merit Program for Instructors Microcredentials Confidentiality and Usage Agreement (“Agreement”) is entered into between you and Mahj Life, LLC (“Mahj Life”), and made effective the date the enrollment form was submitted from the Mahj Life Merit Program (“Effective Date”).

Mahj Life, organized under the laws of the state of Georgia, having its principal place of business at the following address:

6175 Hickory Flat Hwy, Ste 110-3335
Canton, GA 30115
care@mahjlife.com

YOU AND MAHJ LIFE AGREE TO THE FOLLOWING:

  1. DEFINITIONS
    • “Microcredential” means the certificate of competency and microbadges earned by qualified instructors and offered by Mahj Life.
    • “Candidate” means the individual who has successfully met the requirements for Microcredentials as set forth in this Agreement.
    • “Confidential Information” means any Mahj Life information received by you in connection with this Agreement if such information is marked as confidential, proprietary, or the like, or in the case of confidential information disclosed orally, identified as confidential, proprietary, or the like at the time of oral disclosure, or in either case, even if not marked or identified as confidential, information that should reasonably be understood under the circumstances to be confidential. Such confidential information includes, without limitation, the contents of any exam and any related information including: (i) any questions, answers, templates, drafts, the length or number of exam segments or questions; (ii) any changes to the contents of an exam prior to Mahj Life’s announcement of such changes; (iii) any communication (including, without limitation, any oral communication) regarding or related to the exam; or (iv) information which you know or have reason to know is confidential, proprietary or trade secret information of Mahj Life, as well as any information posted on https://mahjlife.com. (to the extent such information is not publicly accessible).
    • “Personal Data” means your personal information or any information which is reasonably capable of specifically identifying you, in any event as defined by applicable law, including, without limitation, your full name, e-mail address, postal address, biometric data or other personal identifying data collected from you by MAHJ LIFE or its authorized agents.
    • “Program(s)” means the workshop and exams offered by Mahj Life under this Agreement.
    • “Testing Delivery Partner(s)” means the entity engaged by Mahj Life to administer the applicable exam.
  2. CANDIDACY
    • A candidate must be a member of the Mah Life Instructor Guild.
    • A candidate must take a pre-test and pass with 80% or better.
  3. ACCEPTABLE BEHAVIOR AS AN MAHJ LIFE CANDIDATE MEANS YOU WILL:
    • Comply with all Mahj Life testing policies, processes, procedures, and guidelines, including the test security rules of the Testing Delivery Partner.
    • Provide truthful documentation regarding your Personal Data.
    • Comply at all times with the highest standards of professional conduct as stated in Mahj Life’s policies, Code of Conduct and Ethics, and Exam.
    • Note: (i) use compromised exam content to prepare for your exam, or (ii) share or compromise Mahj Life workshop and exam content.
    • Promptly report anyone who undermines, subverts, or otherwise breaches any rules applicable to the Mahj Life Merit Program for Instructors by going to the Contact Us form on the Mahj Life website (https://mahjlife.com)
    • Ensure that your Personal Data is kept up to date with Mahj Life.
  4. CONFIDENTIALITY AND INTELLECTUAL PROPERTY OWNERSHIP
    • Confidentiality. MAHJ LIFE makes exams available to you solely for the purpose of testing your knowledge of the exam subject matter for which you seek Microcredential. You are expressly prohibited from disclosing, publishing, reproducing, or transmitting any Confidential Information, in whole or in part, in any form or by any means, oral or written, electronic or mechanical, for any purpose to any person(s), including to a Mahj Life staff not affiliated with the Mahj Life Merit Program for Instructors. If you disclose Confidential Information in violation of this Agreement or you otherwise undermine the integrity and security of the Program, Mahj Life reserves the right to revoke your Microcredentials as set forth in Exhibit 1 to this Agreement.
    • Intellectual Property Ownership. Mahj Life retains all rights, title, and interest in and to all Microcredentials, Programs, Confidential Information, and related information and all copyrights, patent rights, trademark rights, and other proprietary rights therein (collectively “Mahj Life Proprietary Information”). All rights in Mahj Life Proprietary Information are expressly reserved to Mahj Life. Mahj Life may pursue all available remedies to protect Mahj Life Proprietary Information, which may include, without limitation, prosecution to the maximum extent possible under applicable law(s) and to seek, to the fullest extent of applicable law, civil and criminal penalties and/or injunctive or other equitable relief.
    • VIOLATIONS OF THE ACCEPTABLE BEHAVIOR SECTION AND/OR AN APPLICABLE MAHJ LIFE POLICY, INCLUDING WITHOUT LIMITATION FAILURE TO REPORT POTENTIAL VIOLATIONS COMMITTED BY OTHERS, MAY RESULT IN LEGAL ACTION, CANDIDATE SANCTION, OR REMOVAL FROM MAHJ LIFE’S MERIT PROGRAM FOR INSTRUCTORS. EXHIBIT 1 “VIOLATIONS, SANCTIONS & APPEALS PROCESS” TO THIS AGREEMENT IS INCORPORATED BY THIS REFERENCE.
  5. PRIVACY AND DELIVERY OF MICROCREDENTIAL INFORMATION TO THIRD PARTIES In order to deliver and administer the Programs, Mahj Life, as a global organization, may transfer your Personal Data to Mahj Life in the United States of America or to third parties (e.g., Testing Delivery Partners). For further information on how MAHJ LIFE may process your Personal Data under this Agreement, see the Mahj Life Online Privacy Statement, which is incorporated into this Agreement by this reference.
    • Verification of Microcredential.  Mahj Life often receives requests from a third party to verify a candidate’s Microcredential status. Such requests may come directly from a third party or from you. Mahj Life may but has no obligation to provide verification if Mahj Life does provide such information to the requestor, it is as a courtesy to you; you, therefore, agree Mahj Life has no liability for providing such information.
    • Limited Disclosure. In addition to the permitted disclosures stated herein, Mahj Life may share your information in the following ways: (i) to comply with applicable laws or any judicial or regulatory request (including, without limitation, to comply with any subpoenas or court orders), (ii) to exercise our legal rights or defend against legal claims related to this Agreement, (iii) to investigate, prevent, or take action regarding actual or suspected fraudulent or unlawful activities and/or brand protection matters (such as the use of Mahj Life’s trademark without a license), and/or (iv) situations involving potential threats to the physical safety of any person. Mahj Life may, at its sole discretion or will, as required by applicable law, notify you as to what information has been provided to relevant third parties.
  6. MICROCREDENTIAL
    • Microcredential Requirements. To earn Microcredentials, you must meet the minimum requirements of the relevant Program, which includes, without limitation, earning 80% or better passing scores on required exams in accordance with Mahj Life’s testing guidelines. If you meet these requirements and pass the Microcredential exam, you will receive a Microcredential from Mahj Life signifying your accomplishment. To maintain Microcredentials, you are further required to participate as a member of the Mahj Life Instructor Guild and provide proof of purchase of the current Mah Jongg Made Easy, the official guidebook published by the National Mah Jongg League.
    • Microcredential Assets. Qualified instructors who pass the exams earn the right to use the Mahj Life logo, Mahj Life Microbadge, and PDF Certificate of Competency. You hereby acknowledge Mahj Life’s ownership of the logo, agree not to challenge, or otherwise carry out any action that would impair Mahj Life’s rights in the logo, and further agree not to register or otherwise attempt to obtain rights in this logo or similar mark. Nothing herein is intended to grant any right in the logo other than the right to use the logo in accordance with the requirements set forth herein. Your license to use the logo will terminate no later than termination or expiration of your Microcredential. Notwithstanding any other termination provision, however, Mahj Life reserves the right to terminate your right to use the logo for any use that does not conform to these requirements, that infringes on Mahj Life’s intellectual property or another right, or that violates other applicable laws.
    • Microbadge
      • In order to protect the value of Mahj Life Microcredentials, it is important that they be used appropriately and only by the individuals who have earned the right to use them. Since this is a Microcredential of an individual, it should not be used to promote a company or any other entity in such a way that might create confusion around the Microcredential status of other individuals within that company or entity.
      • The Microcredential includes the Mahj Life name and logo so it may not be altered in any manner including size, typeface, proportions, colors, elements, or location of any of the text in relationship to the icon element. It also may not be animated, morphed, or otherwise distorted to control its perspective or two-dimensional appearance.
      • The Microcredential may be used on your personal website as long as it is directly associated with your name and wordmark (i.e., text references).
    • Logo
      • The logo may be used on your personal business cards, on personalized letterhead, or in advertising and other promotional materials ONLY if it is directly associated with your name and wordmark. The maximum size of the logo in any printed materials is .35″. The logo may be used in the following manner:
      • You are permitted to use one of two logos, black (PMS 532 C) or color (red PMS 2350 C; green PMS 363 C). 
      • Do not use the logo on a patterned background or on one that is too light or too dark for it to read well.
      • Do not incorporate or combine the logo into any other graphic element or add any language or design features to the logo.
      • The logo may not be used on products or on packaging.
      • The logo may not be used on any printed materials that do not specify the Microcredential holder’s wordmark.
      • The logo may not appear on or in connection with any marketing materials for any individual other than the one to which a specific wordmark has been issued.
      • The logo may not appear on any materials that disparage Mahj Life, its partners, or its products or services that infringe upon any Mahj Life intellectual property or other rights, or that violate any state, federal or foreign law or regulation.
      • The Mahj Life name or any potentially confusing variations may never be incorporated as part of the name of a product or service of your company.
    • Wordmark
      • Microcredentials are digital so they can be verified on a webpage. However, they can also be included in a resume or email signature as textual descriptions that make fair and accurate references to the program and to your Microcredential status. Since it is a trademark, it should be used as an adjective and never as a noun. Examples:
      • Quest Microbadge
        • Michele Frizzell
        • Mah Jongg Instructor, Author, Speaker
        • Mahj Life American Mah Jongg Quest Mastery No. 12570
      • Trek Microbadge
        • Michele Frizzell
        • Mah Jongg Instructor
        • Mahj Life American Mah Jongg Quest Rules Trek Microbadge No. 12569
    • Trademark
      • If you use your Microcredentials on your proprietary teaching and marketing materials, include the following notice in the document footer: The creator of this material is a Mahj Life Instructor Guild member and has been awarded Microcredentials for their achievements. However, this material is not sponsored or endorsed by Mahj Life and the Mahj Life Merit Program for Instructors.
      • Review and Approval Process
      • You agree to cooperate fully with any request by Mahj Life to review any materials reflecting the logo and to promptly make any changes required to conform to these guidelines.
    • Program Changes. Mahj Life may change the Program at any time without notice. Accordingly, it is your responsibility to review Mahj Life Instructor Microcredential Policies described herein as often as is required for you to keep up to date with the requirements of the program. Such changes may include without limitation, adding or deleting available Microcredentials and modifying Microcredential requirements, changes to recommended training workshops, testing objectives, outlines, and exams, including, without limitation, how and when exam scores are issued. You hereby agree to meet (and to continue to meet) the Program requirements, as amended, as a condition of obtaining and maintaining your Microcredential.
  7. EXAMS
    • Accuracy and Integrity of Exam Process. Following completion of your exam, you may be provided with a preliminary score report indicating an exam score; however, this is not your official score. Mahj Life and/or the Testing Delivery Partner will review your exam record for scoring accuracy, for evidence of possible misconduct, and for response patterns that may suggest your scores do not represent a valid measure of your knowledge or competence as sampled by the exam (“Measurement Error”). Mahj Life reserves the right to invalidate your exam score and Microcredential result, even after your official exam score has been posted on such website if the review of your exam record reveals (i) scoring inaccuracies (attributable to Mahj Life or to the Testing Delivery Partner) or (ii) response patterns indicative of possible misconduct on your part or (iii) response patterns indicative of possible Measurement Error(s). If Mahj Life determines that your exam score is invalid due to scoring errors or Measurement Error(s), you will be advised of options for retaining the exam. If Mahj Life determines that your exam score is invalid due to possible misconduct on your part, Mahj Life reserves the right to invalidate your score and consider your action in violation of Exhibit 1 to this Agreement.
    • YOU SHALL ADHERE TO ALL PROGRAM RULES AND SHALL NOT AT ANY TIME, WHETHER FOR YOUR BENEFIT OR THE BENEFIT OF OTHERS, ENGAGE IN ANY ACTION TO SUBVERT, OR ATTEMPT TO SUBVERT, THE EXAMINATION PROCESS.
  8. LIMITATION OF LIABILITY
    • To the maximum extent permitted by law, in no event will Mahj Life be liable to you for any (i) lost or damaged data, lost revenue, lost income, or lost profits, or (ii) special, indirect, consequential, or incidental losses, or (iii) punitive damages, regardless of the theory of liability (including negligence), even if we have been advised of the possibility of such damages.
    • The exclusions and limitations of this Section 8 will apply notwithstanding any failure of the essential purpose of any limited remedy provided herein.
    • Subject to Sections 8a and 8b above, Mahj Life’s maximum liability under this agreement shall not exceed the exam fee you paid to Mahj Life for your exam.
    • Mahj Life does not use a franchise business model. When you joined the Mahj Life Instructor Guild, you acknowledged that you are an independent business owner.
  9. TERM AND TERMINATION
    • Term. The Agreement commences when you first accept this Agreement and shall remain in effect until terminated as set forth below.
    • Termination by Mahj Life. Mahj Life may, in its sole discretion, terminate this Agreement at any time if you breach any of the material terms of this Agreement, or if you violate or fail to meet any Program requirements.
    • Notice of Termination. All notices of termination must be made in accordance with the notice requirements set forth in the “Notice” section below. Mahj Life will provide you with written notice of termination of your last known address. Termination notices sent by Mahj Life are effective as of the date set forth in the notice. Written notices of termination directed to Mahj Life are effective upon receipt by Mahj Life. Mahj Life, without waiving its right to immediately terminate this Agreement, may provide you with thirty (30) days’ notice to correct any default if this Agreement is terminated for breach under Exhibit 1 to this Agreement. If Mahj Life permits such a cure period (i.e., the grace period for failure to comply), your failure to cure any default within the cure period will automatically cause the termination of this Agreement without further notice.
    • Effect of Termination. Upon the termination of this Agreement, you shall immediately cease to represent yourself as a Mahj Life Candidate, including the return and/or destruction of materials evidencing such Microcredential in accordance with Exhibit 1 to this Agreement.
  10. ASSIGNMENTS
    • You may not assign any rights, licenses, or obligations received under this Agreement to anyone. Any attempted assignment in violation of this Agreement is null and void and without effect.
  11. MISCELLANEOUS
    • Waiver and Modification. You waive the right to challenge the validity and enforceability of this Agreement on the grounds it was transmitted and entered into electronically. You agree that entering into this Agreement electronically is equivalent to signing the Agreement. Failure by either you and/or Mahj Life to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Any waiver, amendment, or other modification of any provision of this Agreement will be effective only if in writing and signed by both you and Mahj Life.
    • Severability. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the provision, and the remainder of this Agreement will continue in full force and effect.
    • Survival. Section 4 (Confidentiality and Intellectual Property Ownership), 5 (Privacy and Delivery of Microcredential Information to Third Parties), 8 (Limitation of Liability), 9.4 (Effect of Termination), 11 (Miscellaneous), and Exhibit 1 (Violations, Sanctions, & Appeals Process; below signature section) will survive termination of this Agreement.
    • Entire Agreement. This Agreement constitutes the entire agreement between you and Mahj Life with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, written or oral, regarding such subject matter.
    • Notices. All notices sent or required to be sent shall be in writing or by e-mail to the other party at the address for the other party set forth below, or such other address as is provided in writing or via e-mail.

MAHJ LIFE RESERVES THE RIGHT TO USE ANY TECHNOLOGIES AND METHODS FOR VERIFYING THE IDENTITY OF CANDIDATES. SUCH TECHNOLOGY MAY INCLUDE, WITHOUT LIMITATION, PERSONALLY IDENTIFIABLE INFORMATION, CHALLENGE QUESTIONS, IDENTIFICATION NUMBERS, PHOTOGRAPHIC INFORMATION, SIGNATURE VERIFICATION, AND OTHER MEASURES TO PROTECT AGAINST FRAUD AND ABUSE.

YOU HEREBY REPRESENT TO MAHJ LIFE THAT YOU: (1) HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT; AND (2) ARE EIGHTEEN YEARS OF AGE OR OLDER.

YOU ACKNOWLEDGE MAHJ LIFE IS RELYING ON ALL SUCH REPRESENTATIONS IN GRANTING MICROCREDENTIAL. MAHJ LIFE SHALL HAVE THE RIGHT TO DENY MICROCREDENTIAL SHOULD YOU FAIL TO MEET THESE REQUIREMENTS OR IN THE EVENT OTHERWISE PROHIBITED BY LOCAL LAW.

By submitting this enrollment form, you agree to abide by the contents herein.

EXHIBIT 1 “VIOLATIONS PROCESS”

UNACCEPTABLE BEHAVIOR AS A CERTIFIED INSTRUCTOR INCLUDES WITHOUT LIMITATION IF YOU:

  • Violate any Mahj Life Policy.
  • Fail to comply with continuing education or renewal requirements.
  • Breach the terms and conditions of this Agreement, the Trademark Agreement, or any other agreement of Mahj Life.
  • Fail to promptly notify Mahj Life of matters affecting your ability to fulfill some or all of the Microcredential requirements.
  • Threaten to bully, harm, or in any manner whatsoever harass any Mahj Life or Testing Delivery Partner(s) (whether verbally or in writing, (e.g., electronic communications, external web postings, etc.). “Harass” or any form of the word “harass” means repeated communications, in any form electronic or otherwise, to Mahj Life or Testing Delivery Partner in which you continue to dispute results of any exam after you have been informed that no further changes will be made to your exam results.
  • Have been convicted of a crime which, as determined by Mahj Life, harms, or affects or may affect Mahj Life’s or the Program’s reputation, goodwill, or security.
  • Have lost or settled a civil case in which Mahj Life is the plaintiff and the claim arising from any alleged damage to Mahj Life, its intellectual property, goodwill, or reputation.
  • Commit or encourage fraudulent or other unlawful activities.
  • Use, store, share, host, copy, distribute, display, publish, transmit, or send content that is or may be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, harmful to others, or otherwise objectionable.

VIOLATIONS OF EXAM CONDUCT POLICY INCLUDE, WITHOUT LIMITATION, IF YOU:

  • Disseminate actual exam content in whole or in part by any means, including, but not limited to, web postings, formal or informal test preparation or discussion groups, chat rooms, reconstruction through memorization, study guides, or any other method as well as providing exam content or information to any person not expressly authorized by Mahj Life to receive such content or information (including but not limited to Mahj Life staff who is not part of the Program).
  • Seek and/or obtain unauthorized exam materials.
  • Using falsified or altered certificates, score reports, or other documents or electronic media to misrepresent your Microcredential status.
  • Provide falsified information, documentation, or statements as a means of a false identity, false address, or solicitation of someone to take a test on another’s behalf.
  • Intentionally or otherwise repeatedly causing a disturbance of any kind in a testing facility.
  • Remove or attempt to remove exam material (in any format) from the testing area.
  • Tamper with the operation of the testing facility computer or attempt to use it for any use other than taking the Mahj Life Microcredential exam.
  • Abuse of the Mahj Life Microcredentials and/or exam process by,
    • Giving, receiving, or obtaining unauthorized assistance during the exam or attempting to do so;
    • Failing to strictly adhere to any Mahj Life or Test Delivery Partner’s policy, procedure, rule, or instruction;
    • Altering or misrepresenting exam scores;
    • Sharing candidate registration account information with unauthorized third parties;
    • Allowing another person, or an organization in which you are not actively involved, to use your Microcredentials to obtain employment or promotions; or
    • Using Mahj Life support services falsely, fraudulently, or otherwise without authorization (including, but not limited to, providing Microcredentials to another person or organization).

MAHJ LIFE’S CANDIDATE PENALTY POLICY

Mahj Life has established rules to minimize unfair advantage that may be gained by a candidate’s misconduct, whether such misconduct during the Microcredential process, the Microcredential exam, and/or in relation to abuse of Mahj Life policies (together, “Misconduct”).

Mahj Life has the right, but not the obligation, to monitor and investigate Misconduct. If Mahj Life, in its sole discretion, reasonably believes you have failed to comply with this Agreement (i.e., committed Misconduct), such Misconduct will constitute a breach of this Agreement. Mahj Life may inform you of such Misconduct and the applicable sanction(s) Mahj Life will apply against you by post or e-mail, using the last postal address and/or e-mail address you provided to Mahj Life. Mahj Life excludes and disclaims all liability for actions taken in response to breaches of this Agreement. The responses described in this Section are not limited to, and Mahj Life may take any other action it reasonably deems appropriate:

  • Prohibited from joining the guild.
  • Prohibited from taking future exams.

Mahj Life, LLC
Merit Program For Instructors Confidentiality Agreement Version 20230515.1

MPI Microcredentials Confidentiality and Usage Agreement

You May Also Like

MPI Rubrics

AMJ Quest Sportsmanship Trek Final Assignment

MPIAMJQSPT Essay