Tpcp App Rev02

8/3/2019 Tpcp App Rev02

1/27

Training Provider

A P I C E R T I F I C A T I O N P R O G R A M S

Item

Effective Date

Revision

Educating the Oil and Natural Gas Industry

API Training Provider Certification Program Application

May 1, 2008

02


2/27

Contents:

PrefaceTPCP Eligibility

Requirements

A description of requirements

that make a course eligible to

apply for TPCP certification.

Part 1General Requirements

A description of what is

expected of both API and

the applicant.

Part 2Application ProcessDescribes components and

steps involved in submitting

the TPCP application and

having it approved.

Part 3Application

Provides API with the basic

information required for

processing your application.

Part 4Use of the API TPCP

Mark/Logo

Specifies the rules governing

the API TPCP logo.

Part 5Certification Agreement

Specifies the rules governing

the API Training Provider

Certification Program.

Part 6Multiple Course Listing

Application

Part 7Fee Schedule

Describes the types of fees,

the costs involved, and how

to submit payment.

The API Training ProviderCertification Program

Thank you for requesting information on the API Training

Provider Certification Program. By applying for your API Training

Provider Certification, you have already shown you are willing to

take an important step toward further improving your training

course management system. So fill out your application today.Information on the materials you need to submit is included.

If you have any questions, please contact one of our associates

by calling API at 202-962-4791, or you can fax us at 202-682-

8070. Please send email inquiries to [email protected].

Your application will be processed as soon as we receive your

payment. Thanks again for your interest in the API Training

Provider Certification Program.


3/27

API Training Provider Certification Program

Effective 05-01-08 / Rev: 02 / 2007-090 API Training Provider Certification Program

Preface

Page 1 of 1

TPCP Eligibility Requirements

All training courses considered for certification shall meetone or more of the following course content criteria to beeligible for API TPCP certification. Content must be based on:

1. API publications

2. API contracted or volunteer subject matter experts.

3. Collaborative industry-based volunteer or contractedsubject matter experts.

4. Federal regulations applicable to oil and gas industrytraining.

5. National or international standards generallyrecognized by and applicable to the oil and gasindustry.


4/27



1. This part details the general requirements of the API

Training Provider Certification Program (TPCP) for thecertification of training courses and course providers.

2. Review the requirements stated in this booklet and theapplicable industry specification(s) and governmentrequirement(s) for which you are seeking certification.If you feel that the training course(s) meets all thestated requirements to obtain certification, pleasecomplete and submit the following:

(a) Statement of eligibility. For each trainingcourse for which you are requesting certification,include a statement that describes the eligibility

criteria that your course satisfies. The statementshould also include background information(e.g. Subject Matter Expert names andcredentials, relevant governmental regulationsor API publications, etc), which supports youreligibility criteria. (Attach a separate page ifnecessary.)

(b) Application. For each training course for whichyou are requesting certification, the API TrainingProvider Certification Program Application mustbe completed and signed. If there are multipledelivery locations for each course and alllocations are to be listed on APIs website, youmust also complete Part 6, Multiple CourseLocations Application. (If additional coursedelivery locations are not to be posted on the

API website, do not complete Part 6.) You maycomplete and submit only Part 6 to add one ormore course delivery locations to an existingapplicant or certified course that you wantposted on the API website. A separate TPCPcertificate will be issued for each course locationand is active for the same period of the originallycertified course. All course locations are subject

to audits. The addition of each course deliverylocation is subject to a fee, which is describedin Part 7.

(c) Certification Agreement. For each training

course for which certification is requested, aseparate API Training Provider CertificationAgreement must be completed and signed.

Note: The applicant is not allowed to use the

API Training Provider Certification Mark or claim

that a program has been certified by API until all

steps in the process have been completed; the

applicant has agreed to comply with all terms

and conditions by signing the Certification

Agreement; the applicant has paid the

applicable fees and; and API has determined

that the applicant satisfies all of the program

requirements.

(d) Compliance Checklist. Along with the abovedocuments, the enclosed Compliance Checklistmust be submitted (in English). The checklistaddresses the minimum requirements identifiedin the Criteria for the Certification andAdministration of the API Training ProviderCertification Program (TPCP).

(e) Course Objectives. A description of courselearning objectives and a detailed current outlineof the course(s) must be submitted with the

application.

In lieu of the course outline, the table of contentsfor your current training manual(s) or e-learningmaterial that is supplied to students may besubmitted. (Do not mail your training manual.)

(f) Course Schedule. A current schedule forthe course(s) must be provided to assist inscheduling the API audit.

(g) For CBT or Web-Based Courses. Submitready-to-install CD-ROM or URL.

(h) Application and Other Fees. See Part 7 for feeinformation and where to send your applicationfee.

Note: Original signatures are required on all

documents and all blanks must be completed.

Part 1 : General Requirements

Page 1 of 3


5/27




Page 2 of 3

3. Submittal of the application package, including

applicable fees, does not entitle the applicant to usethe API Training Provider Certification Mark or claimthat API has certified a specific training program.The API Training Provider Certification Agreementdoes not become effective until the date that it isexecuted by API.

For additional information, please contact API at202-962-4791, fax 202-682-8070, or visit ourwebsite at www.api.org/TPCP.

The Training Provider agrees that API shall be thesole judge of whether the training curriculum and

course conform to the requirements of the APITraining Provider Certification Program and whether

the curriculum and course accurately reflect thetraining that is offered. The Training Providerunderstands and agrees that fees submitted

to API in the application will not be refunded byAPI if API determines that the Training Providerfails to meet all program requirements, includingcourse content criteria.

4. APIs written agreements with each Training Providerrequire the organization to operate in conformancewith its training management system.

5. API Certification Programs personnel are responsiblefor the review of all applications and resolution ofrelated questions. Upon approval, the Manager ofOperations is responsible for the issuance of coursecertifications.

6. Prior to submission of an application for certifcation,applicants shall have implemented training policiesand procedures that meet the requirements of thelatest edition of the Criteria for the Certification andAdministration of the API Training Provider Certification

Program.

7. Applicants that satisfy the requirements and conditionsof the API Training Provider Certification Programand any other related requirements of governmentagencies or standards-setting organizations, etc.,

through the application and course witness process,shall be granted a Training Course Certificate for

the specific course assessed. The Training CourseCertificate shall remain the property of API. Unless

terminated by API, Training Course Certificates shall

be effective from the date of certification and shallremain in effect for the period specified in the licenseagreement, as long as the organization continuouslymeets all the requirements of APIs Training ProviderCertification Program as described herein. If anorganization does not wish to maintain a course ascertified, it shall notify API in writing ninety (90) daysprior to the anniversary date of the Training CourseCertificate.

8. An organizations certified course shall:

(a) Agree to implement and maintain all

elements that are specific to the Criteria forthe Certification and Administration of the APITraining Provider Certification Program (TPCP).This continual implementation shall apply toeach certified course.

(b) Maintain and document the training course inaccordance with the Criteria for the Certificationand Administration of the API Training ProviderCertification Program (TPCP) and specific course-based requirements as determined by the TPCP.

(c) Appoint a Training Management Representativeto be responsible for all matters relating tothese program requirements. The TrainingManagement Representative shall beresponsible for the awareness of customercomplaints and corrective actions relative to

the certified training course(s).

(d) Use the API Training Provider Certification Markin accordance with the conditions defined inPart 4.

(e) Immediately discontinue any use of the API

Training Provider Certification Mark when notifiedby API.

(f) Upon cancellation or withdrawal of the Certificateof Registration (whether through the request of

the organization or API), discontinue all use ofthe API Training Provider Certification Mark,including all advertising, literature, or documentswhich contain any reference to the API TrainingProvider Certification Mark or the status ofhaving a certified training course.


6/27



(g) Keep a record of all complaints and their

resolution, including any corrective actions takenrelative to the certified training course.

(h) Notify API of any major changes made to thecertified course(s), the approved coursematerials or training policies. The TrainingProvider understands that these major changes

to a certified course may be subject to review,audit, and re-certification, at the TrainingProviders expense, by API based on the natureand extent of changes. The Training Providershall verify that course instructors carry outall necessary adjustments to the course and

materials within a reasonable time.

(i) Notify API of any change of address or significantchanges in operation or service provided inaccordance with applicable requirements of thisdocument.

9. API Training Provider Certification Program costs shallinclude:

(a) An Initial Application and Annual Fee for eachcertified training course.

(b) An Annual Fee for each course location postedon the API website (if applicable).

(c) A Royalty Fee based on each student attendingcourse.

(d) Audit/Witness Fees and any related expenses.

(e) If applicable, additional expenses incurredby API resulting from the organizationsnonconformance with the API Training ProviderCertification Program or its own training systemrequirements, the nature of which require API toperform follow-up or re-audits/re-witnessing notregularly scheduled.

10. The Training Provider understands and agrees that a

course may be audited periodically during the term ofcertification to determine whether or not the TrainingProvider continues to qualify for the authorization touse the API Training Provider Certification Mark.Training Providers with multiple course deliverylocations are subject to periodic audits of any of theselocations. The frequency of the periodic audits shallbe at the discretion of API. The Training Provider agrees

to permit API or an assigned API auditor to conductsuch audits. Periodic audits shall be at APIs expenseexcept that every third year renewal audits shall beperformed and shall be at the Training Providersexpense. The Training Provider agrees that APIs

representatives shall, after giving reasonable notice,have access to the facilities covered by this Agreementin order to perform any audits (scheduled orunscheduled).

11. API may perform for cause audits on certifiedTraining Providers as a result of complaints fromcourse users. API shall pay the audit cost. If numerousor severe non-conformances are found as a resultof any audit, API may also perform a re-audit at theTraining Providers expense.


Page 3 of 3


7/27



Part 2: Application Process

Page 1 of 1

1. API shall:

(a) Review training course materials forconformance with the program criteria.

(b) Schedule, perform, and review audits/witnessing.

(c) Notify the certified Training Provider of anychanges in the API Training Provider CertificationProgram requirements and give a practical periodof time to modify their training system to meet

the revised requirements.

2. After determining that the applicant has met all the

requirements and paid the applicable fees, API shallissue the Training Course Certificate. The TrainingCourse Certificate shall list the specific course that hasbeen certified. The applicants name shall be includedin APIs list of certified course providers. If a multiplecourse locations application was completed andapplicable fees paid, additional course locationsshall also be included in the list of certified courseproviders. Thereafter, API Certified Training Providersand their applicable course locations may use theTPCP Mark on course materials, marketing andpromotional materials, and on websites within thescope described in Part 5: API Training ProviderCertification Agreement.

3. If the organization or any of its multiple locations fails

to comply with API Training Provider CertificationProgram requirements, API will take appropriate actionincluding, but not limited to:

(a) Suspending or canceling the Training CourseCertificate.

(b) Declining to grant or reinstate the TrainingCourse Certificate.

4. API may change this program at any time. Applicantsshall be required to comply with the new requirementswithin the time frame specified by API.

5. A listing of all certified courses and their correspondingproviders are available from API and shall be providedwhen requested.


8/27


Introduction. This Application provides API with the basic

information required for processing your application. Pleaseinclude as much detailed information as possible. It will beused to determine the time and personnel requirementsand subsequent costs for API Training Provider Certification.All such information is subject to investigation and anapplication may be rejected if the information suppliedis proven to be invalid.

How To Submit This Application. Submit all pagesof the Application Form, accompanied by the original signedcopy of the API Certification Agreement for each trainingcourse certification, Compliance Checklist, statement ofeligibility, course objectives, course outline or training

manual table of contents, and course schedule.

For electronic courses, please include applicable URLs, linksto the Internet with required access codes, CD-ROM(s), anyapplication agreement, and associated course or programdocuments.

API

Training Provider Certification Program

1220 L Street, NWWashington, DC 20005-4070USA

For submitting payments, see Part 7Fee Schedule.

Yourapplication will not be processeduntil payment

is received.

NOTE: If certification is being sought for more than one

course or program, please indicate each course or program

on a separate application. If more space is needed, please

attach additional sheets as necessary.

1. Criteria on which the courses content is based

(check all that apply):

K API publications

K API contracted or volunteer subject matter experts

K Collaborative industry-based volunteer orcontracted subject matter experts

K Federal regulations applicable to oil and gasindustry training.

K National or international standards generallyrecognized by the oil and gas industry.

Part 3 : Application

Page 1 of 7

API Training Provider Certification Program Effective 05-01-08 / Rev: 02 / 2007-090

2. Company Name (as it is to appear on the Certificate):

Please identify the type of program:

K Operator/Contractor In-House Program

K Commercial Training Organization

K Educational Institution (e.g., college or university)

K Nonprofit Training Organization

KOther: ____________________________________

3. Actual Location of Training Providerto be certified:

Street Address (P.O. Box Numbers are not acceptable.)

City

State/Province

Zip/Postal Code

Country

4. Course Name (as it should appear on certificate):


9/27




Page 2 of 7

5. Training Provider Contact Person (primary contact

person of the Training Provider to be certified):

Name

Title/Position

Street Address

City

State/Province

Zip/Postal Code

Country

Telephone Number

Fax Number

Email Address

Sales Email Address (optional)

Website (optional)

6. Direct API Legal Documents to (if other than

Training Provider contact):

Name

Title/Position

Street Address

City

State/Province

Zip/Postal Code

Country

Telephone Number

Fax Number

Email Address


10/27




Page 3 of 7

7. Is your entity a division or subsidiary of another

company?

KYes K No

8. If Yes, please provide the following:

Company Name

Street Address

City

State/Province

Zip/Postal Code

Country

9. Please list all approved or accredited training courses

offered by your company and the name of theauthorizing organization:

10. Total number of students trained in the previouscalendar year:

11. Total number of students forecast to be trained:

(a) In the current calendar year

(b) Next year


11/27




Page 4 of 7

12. Curriculum/Course Summary, Objectives,

Composition and Outline. Please complete thissection and provide objectives and an outline (or

training manual table of contents) for each coursefor which certification is sought.

(a) Course objectives and outline. (Please includethe name and course number or otherdesignation used to identify the course):

(b) Course Duration:

(c) Summary of Topics:

(d) Lecture/Discussion/Demonstration(% of each / total = 100%):

(e) Hands-On Activities and Training Simulation

(% of each / total = 100%):

(f) What are the class size requirements of thiscourse?

Minimum:

Maximum:

(g) Training Tools (Please list all mechanical orelectronic simulators and hands-on props, tools,or equipment available at your training facility):

(h) Miscellaneous Equipment (check all that apply):

K VCRs Quantity: ____________

K DVD Players Quantity: ____________

K Slide Projectors Quantity: ____________

K Film Projectors Quantity: ____________

K Other equipment and quantities:

(i) Interactive Learning Systems:

K CBT K Multimedia PC

K CDI K Web-based

K Other: ________________________________


12/27




Page 5 of 7

(j) Course Type:

(k) Course Level (Check one):

K Introductory K Fundamental

K Advanced K Other:

______________________________________

(l) Approximately how many employees (includingadministrative) are involved in the trainingcourses offered by your company?

Please attach the course schedule

(including dates, location, etc.).

13. Training Personnel and Administration of

Training.

(a) Identify the method of evaluating students andthe criteria for successful course completion:

(b) If tests are used as a method of evaluation ofstudents:

(i) How many tests are given during a typicalcourse? ______

(ii) How often are tests given during a typicalcourse?

(iii) What is the length/duration ofcourse?

(iv) What is the total number of tests for thecourse? _____

(v) What is the minimum acceptable/passingscore? _____

(vi) What is the policy regarding missed testsor failed tests?

(c) What are the security measures in place to

identify the test takers, ensure confidentialityand ensure tests are not copied or disbursed?

(d) What are the policies for course attendance andmissed classes?

(e) Where are trainee course records maintainedand what is the retention period of the records?

(f) How are the course instructors evaluated?

(g) Where are records of instructor evaluationsmaintained and what is their retention period?

(h) Does your company use student evaluations ofthe course instructor?

KYes K No


13/27




Page 6 of 7

Instructor Credentials. On a separate sheet, please

provide a list of the names and experience of the instructorsthat will be providing the training of the certified courses(a resume would be ideal).

Application Agreement. Applicant agrees as a condition ofthe application being accepted by API:

1. To submit the training data requested.

2. To participate in, and to pay the cost of the API classwitness evaluation (if deemed necessary by API),whether or not applicant is granted trainingcertification.

3. That API shall be the sole judge of whether or not anapplicant meets the appropriate qualification tobecome a Certified Training Provider.

4. That if the applicant fails to pay the witness fee withinthe time frame specified, API may bring an action orproceeding to recover these costs. API shall be entitled

to recover reasonable attorneys fees and costs. Theapplicant agrees that the venue and applicable law forsuch action shall be the District of Columbia, UnitedStates of America.

5. That the applicant shall not be granted any rights touse the API Certificate of Registration until all steps in

the process have been completed to the satisfaction ofAPI, applicable fees have been paid, and the applicanthas agreed to comply with all of the terms andconditions of the Certification Agreement.

6. The undersigned individual represents and warrantsthat he/she is expressly and duly authorized by theirentities or agencies to execute the Agreement and tolegally bind their entities or agency as set forth herein.

Applicant Use Only

Applicant Information Authorization

Name of Organization, Company or Individual

Signature of Authorized Officer

Title of Authorized Officer

Date

API Use Only

API Review.

Name

Position

Date


14/27




Page 7 of 7

Attachments. Please attach the following to the application:

Objectives or Training Manual Table of Contents(Complete training manual may be sent electronicallyif desired.)

Course Schedule

Compliance Checklist

Statement of eligibility (if additional pages were used)

For electronic courses:

Applicable URLs

Links to the Internet with Required Access Codes

CD-ROM(s),

Any Application Agreement, and Associated Courseor Program Documents.


15/27



Part 4 : Use of the API TPCP Mark/Logo

Page 1 of 1

1. The Training Provider shall not use the API TPCP logo in

advertising or in a manner that suggests that any othercourses or products that are offered by the TrainingProvider have been certified by API.

2. The Training Provider shall not use the mark API orAMERICAN PETROLEUM INSTITUTE, except in thefollowing circumstances: (1) As part of the API TPCPmarks; (2) In text in advertising stating that trainingmeets, exceeds or otherwise satisfy API or AMERICANPETROLEUM INSTITUTE standards. However, theTraining Provider shall not use the marks API orAMERICAN PETROLEUM INSTITUTE apart from theAPI TPCP marks, in such a manner to suggest or

indicate APIs sponsorship, approval or endorsementof the courses.

3. The Training Provider agrees to notify API in a timelymanner if it has evidence or information whichindicates that its certified training courses do notconform to APIs requirements or of any assertion bya third party that the curriculum and training wasinvalid or misleading. The Training Provider agrees thatAPI shall have the right to terminate this Agreement,in whole or in part, in response to said assertion orinformation.

4. When the API TPCP logo is used on student course

completion certificates, it shall always be inconjunction with the applicable TPCP licensenumber(s).

5. The Training Provider agrees that API may notifyvendors, governmental authorities, potential users,and others of an improper or unauthorized useof the mark or the failure of courses to satisfyAPI requirements when in judgment of API suchnotifications are necessary to protect consumers,

the public, or for APIs own protection.


16/27



Part 5 : API Training Provider Certificate AgreementTPCP Certificate Number: ____________________________

Page 1 of 6

This Agreement dated ________________________________

between the American Petroleum Institute (hereinafterAPI), a corporation of the District of Columbia, havingoffices at 1220 L Street, NW, Washington, DC 20005-4070,USA, and

(hereinafter Training Provider a corporation of

having its principal place of business at

Whereas, API is the owner of all rights to certain marksrelating to APIs Training Provider Certification Program,

, (hereinafter TPCP).

Whereas,the Training Provider desires a nonexclusivelicense from API to use the API TPCP mark in connectionwith the marketing of training classes that conform withAPI standards and specifications.

Now therefore, in consideration of the mutual covenantshereinafter stated, the parties agree as follows:

1. API grants to the Training Provider a nonexclusivelicense to use the TPCP mark in connection with the

training course, provided that this course is conducted

in accordance with the standards and requirementsset forth in API Criteria for the Certification andAdministration of the API Training Provider certificationProgram (TPCP) and the API program requirements,including any amendments, modifications,substitutions or interpretations that hereafter areadopted. The Training Provider shall not use the markin advertising or in a manner that suggests that anyother courses or products that are offered by theTraining Provider have been certified by API.

2. The Training Provider shall not use the mark API or

AMERICAN PETROLEUM INSTITUTE, except in thefollowing circumstances: (1) As part of the API TPCPmarks; (2) In text in advertising stating that trainingmeets, exceeds or otherwise satisfies API orAMERICAN PETROLEUM INSTITUTE standards.However, licensee shall not use the marks APIor AMERICAN PETROLEUM INSTITUTE apart from

the API TPCP marks, in such a manner to suggest orindicate APIs sponsorship, approval or endorsementof the courses.

3. When the API TPCP logo is used on student coursecompletion certificates, it shall always be in

conjunction with the applicable TPCP licensenumber(s).

4. The Training Provider understands and agrees that thecertification status of any training course offered by

the Training Provider shall be made available by API tothe general public for review and use and that theTraining Provider waives any rights to this information.

5. The Training Provider agrees that API shall be the solejudge of whether the certified training curriculum andcourse conforms to the requirements of the APITraining Provider Certification Program and whether

the curriculum and course accurately reflects thetraining that is offered.

6. If API determines at any time during this Agreementthat the Training Provider does not conform to theprogram requirements, API may terminate thisAgreement immediately.

7. The Training Provider understands that participationin the program is voluntary and agrees that API hasnot made any direct or indirect representations orwarranties concerning any potential business

opportunities.

8. The Training Provider agrees to pay API the AnnualCertification Fee, the annual per student royalty fee,

the multiple course location fee and any otherapplicable fees within thirty (30) days of receiving theinvoice from API. The Training Provider agrees that APIFees may be revised Annually. All fees are payable inU.S. Dollars.

TM

Applicant Initial Here:


17/27



Part 5 : API Training Provider Certificate Agreement

Page 2 of 6

9. The Training Provider agrees to pay all sales, use,

property, excise, and other taxes now or hereafterimposed by any government body or authority basedon or in any way measured by this Agreement.

10. The Training Provider agrees to notify API in a timelymanner if it has evidence or information whichindicates that its certified training courses do notconform to APIs requirements or of any assertion bya third party that the curriculum and training wasinvalid or misleading. The Training Provider agrees thatAPI shall have the right to terminate this Agreement,in whole or in part, in response to said assertion orinformation.

11. The Training Provider agrees that if any action orproceeding is brought by API to enforce, protect orestablish any right or remedy with respect to thisAgreement (including, but not limited to, the failureof the Training Provider to pay applicable fees orcourse witness costs), API shall be entitled to recoverreasonable attorneys fees and costs provided that itis the prevailing party.

12. The Training Provider understands and agrees that thecertified training course shall be audited periodicallyduring the term of this certification to determinewhether or not the Training Provider continues toqualify to use the TPCP Mark. The frequency of theperiodic audits shall be at the discretion of API.Training Provider agrees to permit API, or any approvedAPI auditor to conduct such audits. Periodic auditsshall be at APIs expense except that the every-third-year renewal audit shall be at Training Providersexpense. Training Provider agrees that APIsrepresentatives shall have access, free of charge, toany training courses covered by this Agreement inorder to perform these audits. The right of APIsrepresentative to obtain free access to these training

courses shall not be conditioned upon the execution byhim or API of any agreement, waiver or release whichin any way purports to affect his legal rights or therights or obligations of API. Any such documentexecuted in contravention of this provision shall bewithout force or effect. However, API shall direct itsrepresentative to exercise due care in complying withany safety regulations which may be generallyapplicable to the personnel at the facility.

13. The Training Provider agrees that use of the API

TPCP Mark on course materials shall constitute arepresentation and warranty by the Training Provider

to API and to the purchasers of the Training Providerscourse that the course conforms to the applicablestandards, specifications and requirements of API; and

the Training Provider agrees to be solely responsiblefor, and to defend, indemnify, and hold API and APIsaffiliates, officers, directors, agents, and employeesharmless against any and all claims, actions, suits,liabilities, demands, expenses (including reasonableattorneys fees), losses, costs, or damages assertedagainst or incurred by API arising out of or inconnection with (1) the failure of the Training

Providers course to conform to such standards andspecifications, or (2) the breach of any obligations orwarranties hereunder; and the Training Provider furtheragrees to defend API, at the Training Providersexpense, against any and all such suits, claims orproceedings.

14. The Training Provider agrees that any auditing,sampling, inspections or tests conducted by APIare designed only to verify conformance with APIrequirements and do not relieve the Training Providerof its responsibility to ensure the quality of its courseor ensure that its course meets API TPCP Programrequirements.

15. If APIs requirements are modified during the term ofthis Agreement, API shall determine the date by whichthe new requirements become effective and shallnotify the Training Provider of such date. TheTraining Provider agrees to comply with the modifiedrequirements and to use the API TPCP Mark after

the effective date only on course materials thatmeet the new or revised requirements.

16. The Training Provider agrees that API may notify

vendors, governmental authorities, potential users,and others of an improper or unauthorized useof the mark or the failure of courses to satisfyAPI requirements when in judgment of API suchnotifications are necessary to protect consumers,

the public, or for APIs own protection.



18/27




Page 3 of 6

17. The Training Provider agrees that the sale, delivery, or

promotion of any course utilizing the API TPCP Markwould mislead the public if such course does notcomply with the requirements of API as herein providedand agrees that any breach of this contract in thisrespect could not adequately be compensated for inmoney damages. For these and other reasons, theTraining Provider agrees that, in the event of theviolation of any of the terms and conditions of thisAgreement, a temporary injunction may be issued at

the instance of API restraining the Training Providerfrom further use of the API TPCP Mark in any mannerwhatsoever, and from any further sale or offering forsale, delivery or distribution of said course bearing the

API TPCP Mark, and any other relief which may bedeemed appropriate. The granting or issuance of such

temporary injunction shall not affect the right of API tocompensatory and punitive damages for the misuse of

the API TPCP Mark or its name, abbreviations, orsymbols, and shall be in addition to, and not in lieu of,any other rights and remedies provided by thisAgreement.

18. The Training Provider agrees not to makerepresentations or warranties to potential customersor API that are false, misleading, or inconsistent with

the terms of this license agreement or the API TrainingProvider Certification Program.

19. This Agreement may be terminated by API at any timeand for any reason satisfactory to API after providingnotice to the Training Provider. However, if the TrainingProvider defaults in any of its obligations under thisAgreement, API may immediately terminate or suspend

the rights or authority conferred by this Agreementwithout prejudice to any other rights which API mayhave. Termination, suspension, or expiration of thisAgreement shall not affect any liability of the TrainingProvider existing as of the date of such action, shall not

relieve the Training Provider of its obligation ofindemnity as to courses provided prior thereto, andshall not excuse the Training Provider from paying anyfees or other charges owing to API. Upon terminationor suspension, with or without cause, of any rightsor authority conferred by this Agreement, or uponexpiration of this Agreement, the Training Provideragrees to immediately discontinue the use of theAPI TPCP Mark on any product which is the subjectof such termination, suspension or expiration.

20. If this Agreement is terminated by API without cause,

the Training Provider agrees that its sole and exclusiveremedy shall be a refund of the annual fee. If thisAgreement is terminated for cause, The TrainingProvider agrees that API shall not be obligated torefund any fees or payments made by the TrainingProvider. The Training Provider agrees that under nocircumstances shall API be liable for loss of profits,loss of income, loss of business opportunity, economicloss or other consequential loss or damages as a resultof the termination of this agreement.

21. API has the right, but not the obligation, to register atits own cost, any or all of the API TPCP Mark worldwide.

Furthermore, API does not represent or warrant,expressed or implied, that the API TPCP Mark does notinfringe or otherwise violate the rights of third parties.API, however, represents and warrants that it has noactual knowledge that the API TPCP Mark infringes orotherwise violates any valid right of any third party inwhole or part that would preclude the Training Providerfrom using the API TPCP Mark as provided for in thisAgreement.

22. The Training Provider agrees that API is the sole ownerof the API TPCP Mark and agrees not to take anyactions which are inconsistent with APIs ownershiprights including, but not limited to, challenging APIsownership rights, challenging the validity of the APITPCP Mark or any registrations and applications

thereof, and/or attempting to register the API TPCPMark or other API mark in any country, state or other

jurisdiction.

23. The Training Provider shall promptly notify API of anyassertion that the use of the mark in the promotion orsale of certified courses hereunder infringes or violates

the rights of any third party and will consult with APIto determine the course of action to be followed in

response to said assertion. API shall have the rightto terminate this Agreement, in whole or in part, inresponse to said assertion.



19/27




Page 4 of 6

27. The Training Provider agrees that this Agreement does

not relieve the Training Provider of its obligationsconcerning courses marketed or distributed pursuant

to previous license Agreements between the TrainingProvider and API and any amendments or renewals

thereof. The Training Provider agrees that API mayutilize the rights and remedies specified in thisAgreement to ensure that products in the marketplacewhich were licensed to use the API TPCP Markpursuant to previous agreements are in full compliancewith the API requirements applicable at the time thecourse was marketed or distributed.

28. If any action or proceeding is brought by API to enforce,

protect or establish any right or remedy with respect tothis Agreement (including but not limited to the failureof the Training Provider to pay applicable fees or auditcosts) or with respect to the subject matter of thisAgreement, API shall be entitled to recover reasonableattorneys fees and costs provided that it is theprevailing party.

29. The Training Provider agrees to cooperate fully withAPI in any effort which API may deem advisable inorder to record the Training Provider as a registereduser of the marks, including the providing ofinformation and execution of documents inconnection therewith. Expenses associatedwith such recording shall be borne by API.

30. This license shall not be assignable or transferableby the Training Provider in any manner nor shall theTraining Provider have the right to grant sublicenses.

31. This Agreement shall be interpreted and governed bythe law of the District of Columbia, United States ofAmerica.

32. In the event of any litigation between the parties

arising under this Agreement the parties agree thatthe only proper venue for such litigation shall be theDistrict of Columbia, United States of America.

24. API does not undertake and shall have no obligation,

but nevertheless shall be entitled, if it so desires todefend any action brought for infringement or otherviolations of trademarks, patents, industrial andartistic designs or copy rights owned by a third partyor unfair competition with a third party when the basisof the claim is related to the Training Providers use of

the API TPCP Mark. If API does not defend any suchaction, it shall have no obligation to reimburse orindemnify the Training Provider, its agents, sub-agents,customers or any other persons for the cost ofdefending such suit or for damages or costsincurred as a result of such actions.

25. With respect to all claims, actions and suits to enforceAPIs rights in the marks, including suits in which theTraining Provider is joined as a party, API shall have

the sole right to employ counsel of its choosing and todirect the handling of the litigation and any settlement

thereof. API shall be entitled to receive and retain allsettlement proceeds and all amounts awarded asdamages, profits or otherwise in connection withsuch suits.

26. The Training Provider agrees to assist API in theenforcement of any rights of API in the API TPCP Mark.The Training Provider agrees that it will not perform anyacts which directly or indirectly assist a third-party inusing the API TPCP Mark without authorization. TheTraining Provider agrees to notify API in writing of anyinfringements or imitations by third parties of the APITPCP Mark which may come to the Training Providersattention. API shall have the sole right to determinewhether or not any action shall be taken, at its soleexpense, on account of any such infringement orimitation. API, if it so desires, may commence orprosecute any claims, actions or suits in its ownname or in the name of the Training Provider or

join the Training Provider as a party thereto.



20/27




Page 5 of 6

33. API is a nonprofit corporation exempt from United

States federal income tax under section 501(c)(6) ofthe Internal Revenue Code of 1986 as amended. Noprovision of this agreement shall obligate API to takeany action that is inconsistent with or that could

jeopardize its tax-exempt status.

34. This agreement shall terminate immediately withoutnotice if the Training Provider files a petition inbankruptcy or is adjudicated a bankrupt or insolvent,or makes an assignment for the benefit of creditors, oran arrangement pursuant to any bankruptcy law, orif the Training Provider discontinues its business or areceiver is appointed for the Training Provider or for

the Training Providers business and such receiver isnot discharged within thirty (30) days.

35. All payments due hereunder shall be made in USdollars and are exclusive of any sales, use or other

taxes, fees or duties arising out of this agreement.

36. This instrument contains the entire and onlyagreement between the parties with respect to

the subject matter hereof. No oral statements orrepresentations not herein contained shall haveany force and effect.

37. It is expressly understood between the partieshereto that no association, agency, apparentagency, employer/employee relationship, partnership,or joint venture of any kind has been created.

38. The terms and conditions of this Agreement areseverable. If any condition of this Agreement isdeemed to be illegal or unenforceable under anyrule of law, all other terms shall remain in force.

39. This Agreement shall not and is not intended to benefitor to grant any right or remedy to any person or entity

that is not party to this Agreement.

40. The undersigned individuals represent and warrantthat they are expressly and duly authorized by theirrespective entities or agencies to execute thisAgreement and to legally bind their respective entitiesor agencies as set forth in this Agreement.

41. Paragraphs 3, 4, 8, 9, 10, 12, 14, 17, 19, 20, 21,

22, 29, 32, 33 and 39 shall survive terminationsuspension or expiration of this Agreement.

42. This Agreement shall be effective on the date that itis executed by API. The Agreement shall expire threeyears from the date it was executed by API.

43. Notices required to be given by this Agreement shall bein writing and shall be effective as of the date on whichsuch notice is delivered to:

(a) Director of Certification ProgramsAPI

1220 L Street, NWWashington, DC 20005-4070

(b) The Certified Training Provider at:



21/27

Applicant Use Only

Applicant Agreement Authorization

Name of Organization, Company or Individual

Name of Authorized Officer

Signature of Authorized Officer

Title of Authorized Officer

Date

API Use Only

API Signature

Effective Date

Expiration Date




Page 6 of 6


22/27



Part 6: Multiple Course Locations Application (Optional)

Page 1 of 2

This part of the application shall be used only if you have

multiple course delivery locations for a particular coursethat you want listed on the API website or for which you desirea separate certificate. If you do not want course deliverylocations posted on website or a separate certificate (even ifyou present a course in multiple locations), skip this section.See Part 7 for fees associated with multiple location listing.

A Multiple Course Locations Agreement shall be completedfor each applicant or certified course for which you wantmultiple locations posted on APIs website. You may completeand submit only the Multiple Course Locations Application

to add one or more course delivery locations.

A separate TPCP certificate shall be issued for each courselocation and is active for the same period of the originallycertified course. New course locations may be added at any

time by completing this part of the application and submittingto API. TPCP Certificates for multiple course locations shallbe granted only if the certified course is active and in goodstanding. The addition of each course delivery location issubject to an initial fee and an annual renewal fee, whichare described in Part 7.

Training Provider & Certified Course Information

Business Name

Contact Name

Phone Number

Fax

Email

Applicant or Certified Course Name

Current TPCP Certificate of Registration No.

(if applicable)

Course Delivery Location Information

Location 1

Facility Name and Address

Contact Person

Phone

Fax

Email


23/27



Part 6: Multiple Course Locations Application (Optional)

Page 2 of 2

Location 2


Contact Person

Phone

Fax

Email

Location 3


Contact Person

Phone

Fax

Email

Please use an additional page to list course locations if needed.

Application Agreement. Applicant agrees to the following

as a condition of the application being accepted by API:

1. The Training Provider is ultimately responsible forensuring that course delivery locations comply withall applicable TPCP requirements.

2. The Training Provider shall be invoiced for all auditsincluding audits at course delivery locations, all ofwhich are subject to audits. (Audits occur every three

years and course delivery locations may be included

in audit.)

3. The Training Provider is responsible for the control

of the TPCP Mark as specified in original courseagreement and its use by course delivery locations.

4. Failure of any course location to adhere to TPCPrequirements may result in the suspension and/orcancellation of the Training Providers Certificates ofRegistration for that course or courses.

The undersigned individual represents and warrants thathe/she is expressly and duly authorized by his/her entitiesor agencies to execute the Agreement and to legally bind theentities or agencies as set forth herein.

Authorized Representative Name

Authorized Representative Title

Date


24/27



Part 7 : Fee Schedule

Page 1 of 2

Non-Refundable Application Fee. A separate application

shall be submitted for each course to be certified. For everyAPI Training Provider Certification Application submitted, anon-refundable Application Fee shall be paid as listed below:

$1,100.00 1st course

$ 500.00 2nd course

$ 250.00 3rd and each subsequent course

Note: Applications cannot be processed until full

payment is received.

Certification Renewal Fee. An annual course renewal fee

shall be paid for continuation of course certification(s) ingood standing. The annual renewal fees are listed below:

$1,100.00 1st course

$ 500.00 2nd course


Royalty Fee. Each year a royalty fee for each studentcompleting any API TPCP certified course(s) shall beassessed. The royalty fee only applies to the first 100students regardless of the number of certified courses(therefore, the royalty is capped at $1,500). API shall requesta report of the number of students per course near the endof each calendar year. Invoices for the student royalty feealong with the annual course fee shall be issued in thefirst quarter of the following year.

The annual per student royalty fee: $15.00 per

student (maximum $1500.00 per training provider)

Multiple Course Locations Fee (Optional). Multiple

course delivery locations entitle certificates to be issued foreach location and contact information be identified for eachlocation on the API website. The fee schedule for issuingcertificates and posting contact information for multiplelocations is listed below:

$ 500.00 1st course

$ 250.00 2nd course


The above fees shall also be paid annually to continue

your multiple course listing(s).


25/27



Part 7 : Fee Schedule

Page 2 of 2

How to Send Your Payment(s). All fees payable to API

shall be made in United States currency (U.S. Dollars). TheTraining Provider shall be responsible for all taxes, bankingand services fees, including all applicable withholding taxes(see Part 3 of the API Training Provider Certification ProgramApplication for the address to submit your application).

(a) If you are paying by check or money order, fundsmust be drawn on a United States bank. Pleaseforward your non-refundable fees to:

American Petroleum InstituteTraining Provider Certification ProgramAttention: Account Receivable

P.O. Box 1425Merrifield, VA 22116-1425USA

Please indicate your check number here:

Also include this API Reference Number on your check:SS-2100-U9300-7110

(b) For Overnight/Express delivery, please forwardyour non-refundable fee(s) to:

American Petroleum InstituteTraining Provider Certification ProgramAttention: Accounts Receivable1220 L Street, NWWashington, DC 20005-4070USA

(c) If you are paying by electronic transfer, note that

you are responsible for all electronic transfer, A.C.H. orbanking fees, thus a $30.00 (USD) service fee must beadded to your payment at the time payment is made.Please forward your non-refundable fee(s) to:

Citibank, F.S.B.

Washington, DC 20036-0967ABA# 254070116For further credit to American Petroleum Institute,Account Number: 6672 0060API Tax Identification Number: 13-0433430Reference Number: SS-2100-U9300-7110

Important Note: Do not send your application to thepayment address.


26/27

Apply for API

Training Provider

CertificationToday!


27/27

API Certification Programs

1220 L Street, NW

Washington, DC 20005-4070

USA

Sales: 713-964-2662Customer Service: 202-962-4791

Fax: 202-682-8070

Email: [email protected]

www.api.org

Copyright 2008 - API, all rights reserved. API, the API logo, API Training ProviderCertification Program logo and the Tough Business slogan are either trademarks

Its a tough business.Look to API.TM

Tpcp App Rev02

Documents

Transcript of Tpcp App Rev02