In consideration of my participation in a certification, certificate, accreditation or learning development workshop (“NBMTM Workshop”) facilitated by The National Board of Medication Therapy Management, Inc. (“NBMTM”) as a subject matter expert (“SME”), agree as follows:
- I understand and agree that during my service as a SME in any NBMTM Workshop, I will: (a) at all times, conduct myself in a professional manner and with a high level of civility, integrity and courtesy with all other participants; (b) refrain from any actions or comments designed to insult, demean, or attack the personal character of other SMEs, NBMTM staff or other participants; (c) turn off any cell phones, beepers, or other similar items; (d) be impartial in the exercise of my responsibilities as a SME participating in an NBMTM Workshop and avoid situations where my personal interests may bias my input at the NBMTM Workshop. I will promptly disclose such situations to NBMTM and recuse myself if appropriate; and (e) abide by and agree to be bound by all published policies of NBMTM applicable to a SME.
- I understand that as a result of my participation in an NBMTM Workshop, new intellectual property will be created. This intellectual property may be in the form of, but is not limited to, a job task analysis, examination objectives, examination questions and answers, learning material, teaching guides, the methodology for developing the preceding and other similar materials and methods which we collectively refer to here as “Workshop Work Product”.
- I understand that as a result of my participation in an NBMTM Workshop, I will have access to non-public information of NBMTM and of other participants in the NBMTM Workshop (“Confidential Information”). I agree that this agreement and my participation as a SME are both deemed Confidential Information.
- I understand and agree that it is vital to the integrity of a credential and the protection of proprietary and/or confidential processes and materials in the creation of a credential and/or related materials to maintain the confidentiality of Workshop Work Product and Confidential Information. I promise and agree that I will keep all Workshop Work Product and Confidential Information confidential and secret and will not disclose to anyone unless required to do so by law, but only after providing NBMTM with 14 days advance written notice prior to any such disclosure.
- I affirm that, to the best of my knowledge, my contributions to the Workshop Work Product are my original thoughts based on my general skills and knowledge of the subject matter and that my contributions are not the confidential information of any third party and not subject to any third party intellectual property rights.
- I agree that all of my contributions to the Workshop Work Product constitute a “work made for hire” (as such term is defined in the United States Copyright Act of 1976 (as amended)) as a specially ordered or commissioned work for use as a contribution to a collective work, as an instructional text, as a test, and/or as answer material for a test (as applicable), and that NBMTM is deemed the sole original author of all my contributions to the Workshop Work Product for purposes of copyright and other intellectual property rights ownership. I further hereby irrevocably assign all right, title and interest (under copyright and otherwise) that I may have in and to my contributions to the Workshop Work Product to NBMTM exclusively, in perpetuity, and throughout the world. I agree that as between NBMTM and myself, NBMTM will be the exclusive owner of all right, title and interest in and to the Workshop Work Product and that I am not entitled to any compensation from NBMTM’s use, distribution or sale of Workshop Work Product or any Confidential Information that I may share.
- I agree to refrain from taking any action, either individually or in cooperation with any third party, against NBMTM or any other party that is intended to or that might diminish or encumber NBMTM’s exclusive ownership rights in the Workshop Work Product or use of Confidential Information incorporated in Workshop Work Product.
I agree that I will not use my participation in any NBMTM Workshop or status as a SME for any commercial purpose. I will not participate in the creation, publication, review or revision of any book, online content, literature, training course or other training material of any kind, in any medium whatsoever, that discusses any Workshop Work Product or any NBMTM certification, certificate, accreditation or learning content in which I have participated as a SME.
- I agree that any and all disputes arising hereunder shall be exclusively governed by and interpreted in accordance with the laws of the United States of America and the laws of the State of Delaware. I hereby submit to the jurisdiction of the state and federal courts of the State of Delaware for the resolution of any of such disputes and waive any objection to the propriety or convenience of venue in such courts. I agree that if I breach any of my obligations under this agreement, in addition to all other rights and remedies that NBMTM may have against me as stated above, NBMTM may seek an injunction against me to stop the prohibited conduct without the need to prove damages or post a bond. I further agree to cooperate with NBMTM, at no charge, to ensure that NBMTM secures all rights granted to it under this agreement.
This is strictly for review and should not be submitted to NBMTM. If you are asked to sign an NDA, you will be sent a copy for digital signature.