TERMS AND CONDITIONS FOR THE USE OF THE “AEPP®” DESIGNATION

Introduction

  1. AEPP® is a trademark of Estate Planning Practitioners Ltd (“EPPL”). AEPP® is the acronym for “Associate Estate Planning Practitioner”. Designee is considered to have successfully completed the AEPP® Course and paid the Designation Fee to EPPL. Accordingly, EPPL is willing to grant to Designee, subject to the terms and conditions of this Licence defined herein to use the AEPP® designation (the “Designation”) as part of Designee’s credentials.
  1. Designee acknowledges and agrees that the Designation is a trademark of EPPL and that all rights of Designee to use the Designation in connection with Designee’s practice as an estate planning practitioner shall be subject to the terms and conditions of this Licence.
  1. Designee further acknowledges and agrees that the Designation is and shall remain the exclusive property of EPPL. The use of the Designation shall be permitted until this Licence is terminated by written notice from EPPL and such use shall in any event be subject to such reasonable control as EPPL may in its discretion impose with respect to the standards of quality of the services which the Designation shall be used.

Grant of Licence

  1. In consideration of Designee’s successful completion of the AEPP® Course and the payment of the Designation Fee, EPPL hereby grants to Designee the non-exclusive right and licence to use the designation AEPP® only in connection with Designee’s practice as an estate planning practitioner, until terminated or suspended in accordance with the terms of this Licence) (“License”), subject to any further conditions that may apply or be imposed in relation to a specific jurisdiction. The Licence is personal to Designee. Accordingly, the Licence granted to Designee does not include the right to grant sub-licences to a third party.

Use of Designation

  1. Designee shall use the Designation only in the manner approved or stipulated by EPPL. Designee shall observe any directions given by EPPL in respect of the use of the Designation. EPPL reserves the right to suspend or terminate this Licence if, in their absolute discretion, Designee has failed or neglected to use the Designation in a manner approved or stipulated by EPPL or observe any directions given by EPPL.
  1. Nothing in this Licence shall be deemed to confer or convey any title or ownership in the Designation to Designee.

Obligations of Designee

  1. Designee shall provide to EPPL, upon request, specimens of all publications, advertising and promotional materials, and products of any kind on or in connection with which Designee is using or displaying the Designation, and shall promptly make any revisions to such use or display as may be reasonably required by EPPL.
  1. Designee shall ensure that the level of services provided under the Designation does not fall below the standards promulgated by the AEPP® Course. Designee shall diligently observe the AEPP® Code of Conduct and comply with the requirements of EPPL regarding the use of the Designation. Designee acknowledges and agrees that a breach of the AEPP® Code of Conduct shall amount to a breach of this Licence entitling EPPL to terminate this Licence.
  1. Designee undertakes to protect, promote, and enhance the reputation attached to the Designation, and in particular shall not, without the prior consent of EPPL in writing, do any act which is inconsistent with or will diminish in any material manner the reputation attached to the Designation.

Suspension and Termination

  1. EPPL may suspend or terminate the licence granted herein in the event that Designee is made or charged with any criminal offence (except minor and traffic offences) or is an undischarged bankrupt or fails to comply with the obligations under this Licence and does not correct any deficiencies in such compliance within thirty (30) days of receipt of written notice from EPPL. In the event that EPPL elects to suspend the grant of the licence, EPPL shall specify in the written notice the reasons for the suspension, the duration of the suspension and any terms that Designee must comply with during the period of suspension.
  1. The license granted and all rights of Designee to use and display the Designation shall terminate immediately upon termination of this Licence, or upon issuance of written notification of suspension by EPPL. Upon suspension or termination of this Licence, Designee’s rights to use the Designation shall terminate in all respects, and Designee shall immediately cease all use of the Designation.

Infringement

  1. Designee shall as soon as practicable notify EPPL of any infringement or alleged infringement of the Designation which comes to its attention.
  1. EPPL shall have the conduct of all proceedings relating to any infringement, wrongful act or alleged infringement of the Designation and shall in its sole discretion decide what action if any to take in respect of any infringement or alleged infringement of the Designation or passing off or any other claim or counterclaim brought or threatened in respect of the use or registration of the Designation and Designee shall, at the request of EPPL, use best efforts to provide all relevant and necessary assistance with respect to any legal action which may be taken by EPPL in respect of such infringement or alleged infringement and assist and participate in any legal action together with EPPL. Designee shall be indemnified by EPPL for all costs and expenses borne or incurred in relation to any such assistance or participation.

Indemnity

  1. Designee agrees at its expense to defend, indemnify and hold EPPL harmless from any third party claims, demands, causes of action and court orders arising out of the rights given to the Designee under this Code of Conduct and shall consult EPPL in cases of any conflicts and disputes which may affect or adversely affect the business interests and reputation of EPPL.
  1. EPPL shall not be held liable for any damages, including without limitation, loss of profits by anyone, arising from or related to Designee’s use of the Designation or due to the breach or termination of this Code of Conduct.

Governing Law

  1. This Licence shall be governed by and construed according to the laws of Singapore and the parties hereby submit to the non-exclusive jurisdiction of the courts in Singapore.

Data Protection

  1. Designee acknowledges and agrees that EPPL or its affiliate may process personal data about the Designee and gives his or her consent to EPPL or its affiliate to process the personal data for registration of the AEPP® designation. EPPL shall handle the personal data collected to the extent permitted under the personal data protection laws in performing obligations in the course of business.
  1. Designee further agrees that EPPL may collect and use basic information of the Designee, photographs or audio-visual information which may be taken at the seminars for publicity and/or use in advertisements across EPPL’s publication or display on its websites for purposes including recognition of the Designees as AEPP® Designees without further notification, remuneration or compensation.

General

  1. For the purposes of the Contracts (Rights of Third Parties) Act (Cap 53B), the terms of this Licence are not intended to be enforceable by any third party who but for that Act would not have been entitled to enforce such terms.
  1. This Licence is personal to Designee and Designee shall not assign, sub-license, delegate, transfer or otherwise dispose of any of its rights under this Licence without the prior written consent of EPPL.
  1. This Licence contains the entire agreement between the parties. Any prior arrangements, agreements, representations or undertakings in respect of the subject matter of this Licence are superseded by this Licence.
  1. EPPL reserves the right to amend any of the terms and conditions under this agreement and the Code of Conduct and the Designee shall abide to the amended terms without any objection.
  1. No amendments or changes to this Licence shall be effective unless made in writing and signed by authorised representatives of the parties.
  1. No failure or delay by either party in exercising any of its rights under this Licence shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of this Licence shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
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Estate Planning Practitioners Limited (EPPL) is the body that champions literacy in Estate and Succession Planning as a professional practice throughout Asia via training, seminars, conferences and exchange of ideas. It has already established a strong reputation in Singapore, Malaysia and Indonesia.

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