Online Terms and Conditions for Bulk Purchase

Online Terms and Conditions for Bulk Purchase

Institution is providing funding for certain test takers to take the College Level Examination Program® (CLEP®) exams.

By completing this Bulk Purchase Order Form (“Purchase Order”), Institution (“Customer” or “You”) is entering into a binding contract with College Board for the purchase of CLEP and accepts these Terms and Conditions. You will comply with these Terms and Conditions which incorporates and supplements the Legal Terms for Educators and Institutions. In the event there is a conflict or inconsistency between these Terms and Conditions and other purchasing documents between College Board and Customer relating to CLEP, these Terms and Conditions shall control; provided, however, in case Customer acquires CLEP pursuant a separate written agreement with College Board, including College Board's College Readiness Agreement, the terms of that written agreement shall control to the extent of any conflict.

A. CLEP Program Overview.

 College Board’s CLEP Program is a credit-by-examination program that allows students to earn college credit by demonstrating college-level mastery of any of the 34 CLEP subjects. The credit-granting score and credit awarded for successful scores on each exam varies by institution and is determined by each college or university. CLEP does not guarantee a minimum credit award at any institution.

B. Required Information.

Only complete and accurate orders will be processed. Vouchers will be delivered according to the timelines specified in the Purchase Order.

C. Voucher Codes.

College Board shall furnish Customer with the specified number of voucher codes. Customer is responsible for distributing voucher codes to test takers and ensuring that test takers register for the correct exam(s). All unused voucher codes will expire on the date specified in the order form or June 30, 2024 (whichever occurs first).

D. Registration.

Individual test takers must register for CLEP exams using College Board’s CLEP online My Account Portal. During the registration process, a CLEP voucher will be used in lieu of credit or debit card payment. Upon successful completion of the registration process, the voucher will be considered used. A test taker will then have up to six months or until June 30, 2024 (whichever occurs first) to take the CLEP exam for which he or she has registered. After that time, the registration will expire.

E. Test Administration.

CLEP vouchers do not restrict testing location, and registered candidates can test at any authorized CLEP test center. Customer understands and agrees that all CLEP testing is also subject to the terms and conditions located in the CLEP Administrator Manual, a copy of which is available in the CLEP Resource Center.

F. Student Score Reports.

Test takers’ scores are available for high school and school district purchasers only and must be accessed through College Board’s K-12 Portal (k12reports.collegeboard.org/login). If College Board furnishes a score report for the students participating using the voucher codes issued pursuant to the Purchase Order, then College Board hereby grants the Customer a limited, nonexclusive, nontransferable, non-assignable right to access and use the student score reports and individual student data (collectively, “Student Data”) for internal purposes only. Customer shall keep the Student Data confidential and may not use or distribute the Student Data externally or to third parties, other than the student, without the express written consent of College Board.

G. Payment.

All fees are payable within 30 days of the invoice date.

The standard fee for each CLEP exam is $93.00. The standard fee for the CLEP remote proctoring service applied to each CLEP exam is $30.00. In states where CLEP funding is available for low-income students, eligible exams may qualify for fee reductions or waivers. In these states, high school and school district purchasers are required to notify CLEP of the number of exams taken by low-income students by the specified dates. Students who meet one of the following criteria qualify for low-income funding: they’re eligible for the National School Lunch Program; their annual family income falls within the Income Eligibility Guidelines; they participate in a federal, state, or local program that aids students from low-income families (e.g., Federal TRIO programs); their family gets public assistance; or they live in federally subsidized public housing or a foster home, or are homeless, a ward of the state or an orphan.

H. Ownership of Intellectual Property.  

College Board is the exclusive owner of all rights in and to the CLEP examination, all individual test items (questions) and all data collected therefrom, including but not limited to, all personally identifiable information collected under the registration and administration of the exam. In addition, the College Board is the exclusive owner of CLEP and the related publications and reports, including all copyrights, trademarks, trade secrets, patents, and other similar proprietary rights, and all renewals and extensions thereof (collectively, “College Board Intellectual Property”). Customer acknowledges and agrees that nothing in the Purchase Order, including these Terms and Conditions, shall be interpreted to indicate that the College Board is passing its proprietary rights in and to College Board Intellectual Property to Customer. Copying, disseminating or posting any CLEP material on an internal or external website, including social media sites, is a breach of these Terms and Conditions.  Nothing in these Terms and Conditions is intended to diminish or interfere with student rights in their assessment data.

I. General Disclaimer.

COLLEGE BOARD MAKES NO WARRANTIES WHATSOEVER AND PROVIDES CLEP ON AN “AS IS” AND “AS AVAILABLE” BASIS. COLLEGE BOARD HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COLLEGE BOARD DOES NOT WARRANT THE OPERATION OF THE DELIVERABLES TO BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL DEFICIENCIES OR ERRORS ARE CAPABLE OF BEING CORRECTED. FURTHERMORE, COLLEGE BOARD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF CLEP OR THE RESULTS OBTAINED THEREFROM OR THAT CLEP WILL SATISFY CUSTOMER’S REQUIREMENTS.

J. Limitation of Liability.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY, IN THE AGGREGATE, OF COLLEGE BOARD AND ITS OFFICERS, TRUSTEES, PARTNERS, EMPLOYEES, AGENTS AND COLLEGE BOARD’S SUBCONTRACTORS AND CONSULTANTS, AND ANY OF THEM, TO CUSTOMER AND ANYONE CLAIMING BY, THROUGH OR UNDER CUSTOMER, FOR ANY AND ALL CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED TO THE PURCHASE ORDER OR THE WORK PERFORMED BY COLLEGE BOARD PURSUANT TO THE PURCHASE ORDER FROM ANY CAUSE OR CAUSES, INCLUDED BUT NOT LIMITED TO THE NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY OR BREACH OF CONTRACT OR WARRANTY EXPRESS OR IMPLIED OF COLLEGE BOARD OR COLLEGE BOARD’S OFFICERS, TRUSTEES, PARTNERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR CONSULTANTS OR ANY OF THEM, SHALL NOT EXCEED THE ACTUAL AMOUNT PAID TO COLLEGE BOARD UNDER THIS PURCHASE ORDER FOR THE SPECIFIC EXAM SUBJECT TO THE DAMAGES CLAIM.

IN NO EVENT SHALL EITHER PARTY, THEIR AFFILIATES OR THEIR SUBCONTRACTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR LOSS OF PROFITS OR SAVINGS, LOSS OF USE, BUSINESS INTERRUPTION OR THE LIKE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

K. Governing Law; Severability.

If permitted by applicable law, this Agreement shall be construed under the laws of the State of New York. In the event that any provision of this Agreement is deemed invalid or unenforceable, the other provisions of this Agreement shall continue in full force and effect.

L. Relationship of the Parties. The relationship of the Customer and College Board is that of independent contractors. Neither party nor their employees are partners, agents, employees, or joint ventures of the other party. Neither party shall have any authority to bind the other party to any obligation by contract or otherwise. College Board, its employees, and agents shall not be considered employees of the Customer while performing the services and will not be entitled to fringe benefits normally accruing to employees of the Customer. Customer and College Board recognize and agree that College Board is an independent contractor. 

If the Customer is using federal funds to pay for all or a portion of the CLEP exams, Customer acknowledges and agrees that College Board shall not be categorized as a “subrecipient” receiving a federal award as defined by OMB Circular Subpart A.210(c) of Circular No. A-133. College Board shall be defined as a “vendor” that provides goods and services within normal business operations, provides similar goods or services to other purchasers and operates in a competitive environment. Customer acknowledges and agrees that the substance of the relationship with College Board is that of a vendor not a subrecipient.

___        I verify that all information in this form is accurate and that I am authorized to approve this order on behalf of the institution indicated. I understand and accept all Terms and Conditions stated on this form.