Red Hat Academy: Program Appendix

This Red Hat Academy Program Appendix (this “Appendix”) and the Agreement between Partner and Red Hat set forth the terms and conditions under which Partner is authorized to participate in the Red Hat Academy Program (the “Program”).  Capitalized terms not defined herein have the meaning set forth in the Agreement.

1.     Purpose and Definitions.

Under this Program, Red Hat provides Partner with a Red Hat account during the Term that allows access to the Red Hat Academy Learning Platform located at https://redhat.com/academy (the “Platform”) by Partner’s full-time employee or contractor teachers (“Instructors”). Instructors can access the  training and other Program resources (e.g., manuals and training materials) located on the Platform (the “Course Materials”) in order to provide the courses located at https://www.redhat.com/en/services/training/all-courses-exams (the “Courses”), using Partner’s facilities, to students enrolled in a full-time or part-time degree or diploma program at Partner’s academic institution (“Students”). The Platform and Courses are Red Hat Services as defined in the Agreement.

2.     Appointment as Red Hat Academy Partner.  

Red Hat grants Partner, and Partner hereby accepts, a royalty-free, non-exclusive and non-transferable right during the Term of this Appendix (subject to Partner's continued compliance with the terms and conditions of this Appendix and the Agreement) in the Territory specified in the Agreement, for Instructors to administer the Instructor-led Courses  to Students. Partner agrees that Instructors shall administer the Courses sequentially and for a minimum duration of four weeks per Course. Under this Program, (a) only Courses accessed on the Platform may be administered to Students under the Program, (b) the Courses must be administered by Instructors, (c) only one copy of the Course Materials may be accessed per Instructor, and (d) Course Materials may not be modified or altered or supplemental materials used for/with the Courses. The right granted to Partner in this Section is only for the legal entity or Affiliate as approved by Red Hat in writing.  Partner may delegate administration of Courses to a Certified Academic Training Partner (“CTPA”), provided that Partner shall remain responsible for its obligations under this Appendix notwithstanding any such delegation to a CTPA.  Partner has no other right to delegate the rights granted to Partner hereunder to another party or to appoint subcontractors or agents to carry out the activities set forth in this Appendix.  Upon expiration or termination of this Appendix, Partner agrees to stop offering the Courses for administration by Instructors to Students. 

3.     Partner’s Responsibilities and Assurances. Red Hat is dependent on Partner’s cooperation for the success of the Program, and so Partner agrees to do the following:

1. Ensure Student’s suitability for the Courses prior to administering the Courses,
2. Ensure appropriate handling of all Student information,
3. Complete delivery of Instructor-led Courses to Students, and
4. Ensure that the Courses, including Red Hat self-paced training offerings, are administered using the Platform, including by:
   1. Providing Partner’s hardware and facilities (including adequate internet access) for administering the Courses, and
   2. Providing sufficient Instructors to administer the Instructor-led Courses to at least industry standards for similar courses

4.     Program Requirements. Partner’s participation in the Program is subject to the following requirements:

1. Partner will administer at least one Course during the first 12 month period of the Term and during each Renewal Term.
2. Partner will provide to Red Hat a bi-annual academic plan (the “Academic Plan”) for the Territory during the Term. The Academic Plan will contain (i) Partner’s projections for the number of Students expected to be enrolled in all Courses (broken down by Course) for the two upcoming calendar quarters, (ii) a schedule of Courses to be administered in the upcoming academic semester (six months), (iii) the actual number of enrolled Students and Courses administered during the previous academic semester (six months), and (iv) Partner’s then-current Point of Contact.  Partner shall submit the initial Academic Plan within thirty (30) days of the start of the Term.  Subsequent submissions of the Academic Plan shall be made on January 1st and July 1st each year during Renewal Terms.

5.     Restrictions. 

Nothing in this Appendix grants Partner the right to provide Course Materials, Courses, or any Red Hat Products to end users other than Students or to any other third parties. Partner may not videotape, stream, or record the Courses or copy or make any derivatives of the Course Materials or Courses. 

6.     Preservation of Goodwill.  

Partner will, at all times, comply with the terms of the Agreement and this Appendix, and Partner will conduct itself in such a manner that is reasonably expected to reflect favorably at all times on the Red Hat Products and the good name, goodwill, and reputation of Red Hat.

7.     Points of Contact. For all questions and correspondence related to the Program, please contact:

For Red Hat:

8.     Trademarks Authorized for Use under this Appendix. 

As used in this Appendix, the term “Red Hat Marks” means the Red Hat Academy trademarks owned by Red Hat that are indicated to Partner by the Red Hat partner manager upon Partner onboarding.  The license and use of the Red Hat Marks by Partner is subject to the terms and conditions of the Agreement and the Red Hat Products to which such license and use applies.  Red Hat reserves the right to update the Red Hat Marks at any time and in its sole discretion.  Immediately upon any such update, Partner is required to cease using the previous Red Hat Marks.

9.     Term. 

The Term of this Appendix begins on the Effective Date and ends one (1) year later, unless terminated earlier in accordance with the Agreement or this Appendix. The Term will automatically renew for successive Terms of one (1) year each (each, a “Renewal Term”), unless either Party gives written notice to the other of its intention not to renew at least thirty (30) days before the beginning of the next annual Term.