For your franchise to participate in the Jiffy Lube International GEDWorks™ Program Agreement the following terms apply to your Franchise (“Employer”) with GED Testing Service LLC (GEDTS)
- The goal of the GEDWorks™ Program is to drive greater awareness, adoption and completion of the GED® test among Employer’s employees and other eligible interested participants as identified by Employer at their discretion. The GEDWorks™ Program will provide better completion outcomes for employees and other eligible interested participants who will use the GED® credential as a stepping-stone to pursue further education or career advancement. GEDWorks™ will help promote Employer’s commitment to education and serve as a role model for how corporations benefit members of their community by making a commitment to fundamental education.
- Employer’s responsibilities:
a. Promote the GEDWorks™ Program to Employer employees and other eligible interested participants.
b. Sponsor any eligibile Employer’s employees for the GEDWorks™ Program.
c. Comply with all applicable governmental laws, rules, ordinances, or regulations in the performance of its duties under this Agreement.
d. Provide reasonable protections to protect the security of candidate data transferred to Employer under this Agreement.
e. Initially approve students who apply and then confirm Enrolled Students are continuing to be actively employed for subsequent modules as they progress through the GEDWorks™ Program.
f. Comply with the current GED Testing Service Branding Guidelines, which may be updated from time to time and will be provided upon request. GED® and GED Testing Service® are registered trademarks of the American Council of Education (ACE).
- GED Testing Service responsibilities:
a. During the Subscription Term, provide students with GED® preparation and GED® testing services, as described under herein.
b. Provide student email, text, and phone support related to general questions on the GEDWorks™ Program, specific product queries and technical support, and direct student guidance and counseling to assist candidates in acquiring GED preparation and testing.
- An “Enrolled Student” means a Jiffy Lube franchise employee who has been approved by the Employer. Each Enrolled Student will receive access to the on-line GED® test preparation products (or similar product), for the GED® test, GED Ready®: The Official Practice Test, and the Official GED® test. In the event the participant does not have access to a computer, they will receive a print book that they will use to prepare for the GED test. Each Enrolled Student will also receive a learning pathways that details their journey to successful completion of the GED® test, as well as a GED® Test Pass Guarantee as described in further detail in Section 6 below.
- The Enrolled Student will receive instructions on how to access and complete their initial task. If appropriate, the Enrolled Students will have to register through the on-line software’s GED® prep product as well as GED.com during their preparation and testing cycle to gain access to the products.
- Under the GED® Test Pass Guarantee, each Enrolled student will have unlimited access to the products described in Section 4 above. In addition, there will be a prescribed learning pathway for each student. This pathway is designed based on the profile of our GED® graduates and incorporates best practices to produce the best outcomes. This learning pathway will instill confidence in our students, and with regular touch-points and updates, will keep the student engaged and motivated, during the preparation cycle. Students will only receive access to the products as described in the learning pathway and must meet a minimum threshold of use and/or achievement before they receive access to the next product. The learning pathway is described below. In the event the pathway described results in poor outcomes, both Parties will work jointly to revise the Pathways.a. Students will only work on one subject area at a given time. In order to pass the GED
® test, students must pass four subject area tests. At the discretion of the GED Advisor, GED Testing Service may request the Employer to approve a second subject area for the participant, before they have tested for the first. For participants that are academically strong and motivated, this process change will allow them to progress through the program faster and schedule multiple exams at once, reducing the amount of time they spend on scheduling single exams on multiple days.
b. Enrolled Students may receive access to the on-line software Prep for the GED® test for a period of either 30 or 90 days based on the best judgment of the GED Student AdvisorTM. If the student uses the preparation product for at least 3 hours per week, and shows academic progress, the access will be renewed for another 30 or 90-day period. If the Enrolled Student does not meet the threshold described above, the student will receive a notice encouraging them to invest the time required and informing them that they risk losing their Test Pass Guarantee. GEDTS will monitor Enrolled Student progress and when the Enrolled Student achieves mastery level on preparation product, the Enrolled Student will be provided the opportunity to take the GED® Ready Official Practice test for the subject area.c. If the Enrolled Student receives a Green score on the GED® Ready, the Enrolled Student will move on to take the official GED® test in that subject. In the event the Enrolled Student scores a yellow, they will be provided a personalized remediation plan, based on their performance, and given access once again to the On-line GED prep software product as described in Section above. If the Enrolled Student scores Red on the GED Ready®, they may be connected with local adult education programs in the area. The adult education programs are usually offered at no cost. The Enrolled Student can pick the adult education program of their choice. Any cost associated with the adult education program is not covered by GED Testing Service. Once the Enrolled Student has made sufficient progress within adult education, they will be offered the GED Ready® and the cycle will progress as described.d. If the Enrolled Student does not pass the GED® test, they will be provided with a personalized remediation plan, based on their performance, and given access once again to the On-line GED prep software product as described in Section 4 above and the cycle will continue as long as the student continues to make progress.
e. If the Enrolled Student passes the GED® test in one subject, the cycle described above resets. The Enrolled Student moves on to the next subject area and continues the process, as described in this Section and in accordance with their Learning Pathway. Access to each subject area test is independent of the others and the Employer must confirm the Enrolled Student is still employed with Employer before progressing to the next subject area.
f. If an Enrolled Student does not meet the minimum 3-hour weekly threshold for a second time, they will lose their Test Pass Guarantee and lose the status of an Enrolled Student. Individuals who lose their Test Pass Guarantee will receive an additional 30-day access to the On-line GED prep software’s prep for the GED® test. In addition, they will receive one free attempt at the GED Ready® practice test and one attempt at the Official GED® test for the specific subject for which they are authorized. No unlimited access to any of the products applies to individuals who lose their Test Pass Guarantee.
g. IMPORTANT RESCHEDULING POLICY: The Enrolled Student may reschedule or cancel his/her scheduled test appointment for the operational GED® test at any time and for any reason as long as it is canceled or rescheduled at least 24 hours prior to the scheduled test appointment. However, if the Enrolled Student does not reschedule or cancel at least 24 hours prior to the scheduled test appointment and does not show up for the testing appointment, this will be considered a “No-Show” and the Enrolled Student will forfeit the GED® Test Pass Guarantee. The No-Show will count as a single attempt and will exhaust the total attempts for the Enrolled Student and the individual will not be eligible to take additional operational GED® tests until the individual or Employer makes an additional purchase.
7. Enrolled Students who pass the GED® test will receive a diploma and transcript per their state’s policies. In the event an Enrolled Student passes the GED® test in a state where the GED® test is not offered publically, the Enrolled Student will receive a GED® credential from Washington DC, or some other jurisdiction acting as the GEDTS National Credential issuer. GEDTS will be responsible for fulfilling the National Credential.
8. The GEDWorks™ Program Fees and payment are described in the pricing table below.
|1 - 24||$ 120||For example:
|25 - 49||$ 110|
|50 - 99||$ 100|
|100 - 199||$ 90|
|200 - 499||$ 80|
|500 - 999||$ 75|
The subscription term begins when Employer registers and continues through January 31, 2020. The following subscription fee incentives apply:
- No invoicing until February 1, 2019
- Sign up in November 2018: get November-December 2018, and January 2019 free
- Sign up in December 2018: get December 2018 and January 2019 free
- Sign up in January 2019: get January 2019 free
- Sign up between February and July 2019, subscription term runs through January 31, 2020, fee prorated for the months included through January 31, 2020.
Invoices are due 30 days from the date of invoice.
GED Testing Service may modify or suspend the subscription program at the end of the initial subscription term. If no modifications are made, GED Testing Service will invoice Employer for the subsequent subscription term 90-days prior to the end of the current subscription term.
9. If Enrolled Students are still in progress when the subscription term expires, the Enrolled Students will continue to receive the GEDWorks™ Program as described above for the subject area they are currently working on for a maximum of 6 months after the Agreement expiration date. Employer will be responsible for paying GEDTS for those services that are performed outside the Agreement term, per the terms of this Agreement.
10. THE GEDWORKS™ PROGRAM IS PROVIDED BY GED TESTING SERVICE LLC “AS IS” AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE. IN NO EVENT SHALL GED TESTING SERVICE LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE TRAINING MATERIAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Each party acknowledges that in the course of performing under this Agreement, or in the course of discussing or negotiating Statement of Work(s), any Schedules or Exhibits, or any future agreements between the parties, a party may learn confidential, trade secret, or proprietary information concerning the other party or third parties to whom the other party has obligations of confidentiality. The party receiving Confidential Information will be referred to as the “Receiving Party,” and the party disclosing its Confidential Information will be referred to as the “Disclosing Party.”
“Confidential Information” means any and all information disclosed to the Receiving Party by the Disclosing Party, its agents either orally or in writing: (a) of a technical or conceptual nature consisting of or relating to the databases, software, software documentation, computer based test delivery system, systems, products, services or component parts owned, developed or being developed by the Disclosing Party, including, without limitation, the information ascertained from plans, drawings, programs, schematics, sketches, models or descriptions of processes, or from an inspection of facilities, or from computer programs, databases, software, computer hardware components, or other components of a similar nature; (b) relating to business plans, marketing plans or business opportunities of the Disclosing Party; (c) relating to the Disclosing Party’s finances, business, or methods or proposed methods of doing business; or (d) other information that should reasonably have been understood by the Receiving Party, because of legends or other markings, the circumstances of disclosure, or the nature of the information itself, to be confidential to the Disclosing Party. The GED® Confidential Information shall expressly include any and all information derived from a party’s proprietary information and the terms and conditions of this Agreement. GED Testing Service’s Confidential Information shall include any software provided herein. Each party acknowledges that it acquires only the right to use the Confidential Information of the other party under the terms and conditions of this Agreement for as long as this Agreement is in effect and that neither party shall acquire any rights of ownership or title in such Confidential Information. Upon termination or expiration of this Agreement, each party will return to the other party or certify that it has destroyed all materials containing any of the other party’s Confidential Information that is held by that party or its employees, agents or contractors. If so requested by the Disclosing Party, the Receiving Party agrees to provide written confirmation to the Disclosing Party of its compliance with the terms of this Section.
Confidential Information does not include information which: (i) is or becomes a part of the public domain without breach of this Agreement or another agreement; (ii) is disclosed by the Disclosing Party to third parties without restrictions on disclosure; (iii) is developed independently by the Receiving Party without reference to the Disclosing Party’s materials or information; (iv) was in the Receiving Party’s possession and the Receiving Party was able to disclose this information without breach of any other confidentiality arrangement before receiving such information from the Disclosing Party; or (v) comes into the Receiving Party’s possession without breach by the Receiving Party of any obligations of confidentiality.
Protection of Confidential Information. The Receiving Party shall protect the Disclosing Party’s Confidential Information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination, or publication of the Confidential Information as the Receiving Party uses to protect its own Confidential Information of a like nature. Except as may be authorized by the Disclosing Party in writing or necessary for GED Testing Service to perform the Services under this Agreement, the Receiving Party will (a) not disclose Confidential Information to any person who is not a party to this Agreement; (b) limit dissemination of Confidential Information only to its agents, subcontractors, and Testing Centers having a "need to know"; and (c) have an appropriate written agreement with its agents requiring that they comply with the confidentiality obligations of this Agreement.
In the event that the Receiving Party or its agents are compelled to disclose any Confidential Information pursuant to a valid order of a court or other government body, the Receiving Party will promptly notify the Disclosing Party and provide reasonable cooperation and reasonable efforts to the Disclosing Party in connection with the Disclosing Party’s efforts to lawfully avoid or limit disclosure and preserve the confidentiality of the Confidential Information in such circumstances.
Employer acknowledges and agrees that GED Testing Service LLC retains all right, title and interest in any related materials provided to the Employer as part of the Employer GED® Program, including but not limited to, any customizations made for Employer and ownership of all intellectual property rights pertaining thereto shall be and remain the sole property of GED Testing Service LLC.
12. This Agreement represents the entire agreement of the Parties with respect to its subject matter and supersedes all earlier oral or written agreements. This Agreement may be executed in two or more counterparts, and each such counterpart shall be deemed an original thereof. No addition or modification to this Agreement shall be effective unless made in writing and signed by both parties.