This Mendix Trainer Agreement (the “Trainer Agreement”) shall apply to the registration and purchase of the Mendix Trainer Certification (“Certification”). This Certification shall grant you access to Mendix training enablement content (“Training Materials”), so that you may use the Training Materials to provide training as regards the Mendix Platform during the term set out herein.

By checking the box “I agree with the Trainer Agreement and the Mendix Privacy Policy” and clicking the “SUBMIT”-button, you confirm your registration and agree to be bound by the terms set out herein. If you do not agree to this Trainer Agreement, do not proceed with this registration. For clarification purposes, this Trainer Agreement complements the Digital River’s Terms of Sale that are also presented to you in the checkout process with Digital River.

1. Exclusive Certification

The Certification not only grants you access to the Training Materials yet also, where successful payment has been made, provides for access to the Mendix Trainer Guild. This Mendix Trainer Guild will provide you with many advantages such as (i) the possibility to share best practices as regards the Mendix Platform, (ii) learn and gather information in relation to the Mendix Platform, (iii) contribute to the Mendix Community; and (iv) build a special network with other individuals.

2. Term and Termination

This Trainer Agreement shall apply for one (1) year effective from the moment of registration. After this term the Trainer Agreement shall automatically expire. You shall be responsible to repurchase the Certification in a timely manner. In case you wish to withdraw and therefore terminate the Certification, you shall need to inform [email protected]. Mendix shall not offer any refund nor credit since you and Mendix collectively culminated an extensive process preceding Certification. Upon expiration or termination of this Agreement you shall return the Training Materials to Mendix and destroy any computer or backup files promptly. Furthermore, you shall also cease to provide any further training.

3. Intellectual Property Rights

You acknowledge that all intellectual property rights related to the Mendix Platform and the Training Materials provided by Mendix remain the sole property of Mendix. You shall use the Training Materials solely for the intended purposes and shall not show or distribute the Training Materials to anyone else unless otherwise agreed upon with Mendix. Handouts of the Training Materials conform the intended purposes, should be in a view-only format and may not include any speaker notes. Mendix remains responsible for maintaining and updating the Training Materials, for example in case of a new (major) Mendix release. Furthermore, you may share ideas or feedback as regards the Training Materials without gaining partial or full ownership thereof. Additionally, where any faulty or inaccurate information is included in the Training Materials, please notify Mendix upon discovery of such fact. Mendix, at its sole discretion, may decide to reward any such contribution with appropriate forms of recognition. Based on a case-by-case approach, Mendix may, upon your request, provide authorization to translate the Training Materials without affecting any of the intellectual property rights set out herein. You shall be solely responsible for the translation.

4. Feedback

You shall encourage individuals who purchase and follow a training (“Trainees”) to provide their feedback following the completion of a training (either online or on-site). Feedback shall be collected by means of an online survey including relevant details such as the date and the specific training provided. Mendix shall be entitled to monitor the quality of the training delivery based on the feedback provided by the Trainees and reserves the right to publicly share the course ratings based on the provided feedback.

5. Code of Conduct

You represent and warrant that you will comply with all applicable laws in respect of the activities contemplated by this Trainer Agreement. This includes, without limitation, laws and regulations relating to taxation, any anti-corruption, antitrust, anti-money laundering or other criminal law, rule or regulation applicable. Furthermore, you represent and warrant that you will adhere to the Siemens Business Conduct Guidelines (or any successor guidelines), as found at https://assets.new.siemens.com/siemens/assets/api/uuid:5c242542-e991-4b97-af63-090ad509be74/2019- sag-bcg-en.pdf (or any successor URL or location as may be communicated to you by Mendix or Siemens from time to time).

6. Breach

Mendix has the right to (temporarily) revoke the Certification in case you fail to adhere to this Trainer Agreement and the terms set out herein. Mendix may also per its sole discretion, decide to terminate your Certification upon a continuing or serious breach hereof. Mendix Trainer Agreement Mx_TrainerAgreementv.0.3_3Jun2024 Page 2 of 2

7. Indemnification

You shall indemnify and hold harmless Mendix, its officers, directors, agents, and employees, from and against any claims, actions, demands, losses, costs, expenses (including, but not limited to, legal fees and disbursements), damages, liabilities, and lawsuits arising from any breach of your obligations under this Trainer Agreement.

8. Confidentiality

All confidential information provided shall be used by the other party solely for the purposes of performing training pursuant to these terms and conditions, and, except as may be required in carrying out the terms of this agreement, shall not be disclosed to any third party without the prior consent of the providing party.

9. Independent Contractor, No Representation

You shall act as an independent contractor. This Trainer Agreement does not create an agency, partnership, joint venture or any similar relationship between you and Mendix. Neither party is an employee or agent of the other, and neither has the authority to act on behalf of the other.

10. Notices

You shall promptly inform Mendix of any changes regarding contact information or any other relevant details and circumstances which may affect your ability to fulfill their obligations under this Agreement.

11. Data Privacy

Mendix collects and processes Personal Data about you if you register for the Certification. The Mendix Privacy Policy (https://www.mendix.com/privacy-policy/) discloses how Mendix processes Personal Data.

 

12. Jurisdiction

In the event of any dispute or claim, you and Mendix agree to make a genuine effort to resolve the matter in good faith. Where the dispute or claim cannot reasonable be resolved, legal proceedings may be initiated. In such case, this Agreement will be governed by the laws of the Netherlands.