1. You will agree that the TS will provide AHA training in accordance with all AHA polices, specified in both the Program Administration Manual (PAM), and the disciplinary-specific instructor manual. Any training must occur within the fifty (50) United States or the District of Columbia. It is expressly prohibited to provide training in other U.S. territories, or in any international venue outside this geographic area.
2. The AHA is an independent entity from any Training Center (TC), Training Site (TS), or Instructor. No Training Center Coordinator (TCC), TC, TS, Instructor, or other affiliated individual (employees, volunteers, or representatives) of a TC, TS, or Instructor may represent himself or herself as an employee of the AHA.
3. You acknowledge that you are not employed by the American Heart Association (AHA), Desert Education Solutions, LLC, or any other entity in the teaching or other delivery of AHA courses.
Training sites are strongly encouraged to maintain business liability insurance. All professional liability shall be borne solely by the TS, and the TS agrees to hold harmless and indemnify Desert Education Solutions, LLC (TC) from any insurance claim related to the unrelated actions between TC, Desert Education Solutions, LLC and TS. The TC expressly does not cover business operations, losses, or tort liability claims of any TS.
TC does not confer any coverage for liability, damages, or other torts under law that may occur as a result of teaching or facilitating these training classes. There is an expressed disclaimer that Desert Education Solutions, LLC, and its officers, affiliates, and other designees will not be held liable for any injury claim brought about by participants, instructors, or any other party not listed on the official course roster, including the TS as a legal entity.
4. AHA materials are required to be used for all AHA courses. This includes requiring that all students have the current manual for any course that is taught, including instructor classes. Instructor candidates must have, at minimum, the Provider Manual, Instructor Manual, and course video (DVD or streaming), as evidenced by purchase receipt from an authorized distributor, or through the TC directly.
The TS agrees not to store a library of books for use and reclamation after courses, except in limited circumstances, that would be specifically allowed by Desert Education Solutions, LLC. The library exemption generally only applies to EMS agencies, K-12 schools, and hospitals (with specific requirements).
TS agrees that any course delivered will uphold material requirements for all students. From the PAM: "Each student must have the current appropriate course textbook readily available for use before, during, and after the course." We are committed to this concept, and individual instructors will be required to demonstrate significant compliance with that directive on a quarterly basis through production of purchase invoices through Worldpoint or other authorized distribution channels.
This rule is non-negotiable, and it will lead toward dealignment of instructor(s) or the discontinuation of eCard location for the TS if it is found that there is substantial non-compliance with this requirement, and this would be in the sole discretion of DES, LLC as the authorized training center, pursuant to notice being given to correct this deficiency, in which there is allotted ten (10) calendar days to comply with any disciplinary or other corrective measure issued to the TS in email or writing.
5. You will be required to use a specific web-based system in order to be issued course completion cards. The basic system is provided free of charge, through the TC, but the TS does have the option to upgrade their system with the same vendor, at their sole expense, if so desired. Upgrade of the TS also includes all instructors affiliated with that TS, if so desired. Falsification of any course record finalized electronically is grounds for a material breach of both AHA and TC agreements, and there will likely be a revocation of the ability for that TC to deliver AHA instructor and/or provider classes.
6. Video requirements remain in effect for all AHA courses. Delivery of courses without the required AHA videos may result in disciplinary action, dealignment, or complete revocation of AHA credentials needed to teach classes. We do not tolerate deviations in the video requirement, except in cases of inadvertent, obvious video malfunction, and this will be noted in the course notes, if such a malfunction occurs. The TC shall be promptly notified if there are any video malfunctions in the delivery of an AHA course.
7. The TC may request additional supplemental information regarding a specific class from time to time. Information will be provided as requested in a timely fashion, and failure to do so is a breach of TC agreement and policy.
8. While these restrictions may appear to be constrictive, they are in place from both the AHA and the TC in order to provide compliant courses. Disagreements may arise, but be advised that it is in the sole discretion of the TC to fully adjudicate any disputes that may arise when there are matters of TC policy and/or AHA policy. If such disputes arise, there will need to be written notification provided to the TC before any action may be undertaken, as the AHA will not be involved in any disputes regarding the TC and aligned TS or instructors.
9. Your TS will be issued an "eCard location" so the TS has the ability to issue cards to students directly. eCard locations are limited to purchases of eCards from the TC to no more than two (2) orders per month at preferred pricing rates. Preferred pricing is extended to eCard locations, and as such, the TS will make every reasonable effort to maintain a sufficient eCard inventory to issue eCards to their students within the twenty (20) day requirement. Additional orders above two (2) per month will bear a $1 per card surcharge to the preferred rates.
eCard orders will be filled promptly by the TC, ideally in the same business day, but not to exceed forty-eight (48) hours after the eCard order is received. eCard orders are not refundable, and eCards purchased for the TS are generally not refundable. If there is an error in the order submitted, TS shall notify TC promptly, within the first 24 hours of delivery of the eCards to the location.
TS acknowledges that any sales taxes, if applicable in your jurisdiction for digital products, will be the sole responsibility of the TS to remit to the applicable taxing agency. TC does not collect sales taxes on eCards transferred to the eCard location.
The resale of eCards from an eCard location to instructors is expressly prohibited. eCards purchased for the TS must always be issued directly to students. Individual instructors affiliated with a TS may purchase cards directly from the TC using their independent instructor Enrollware account for rosters submitted outside of the TS operations.
10. Use of the AHA "Heart and Torch" logo (including derivatives) is only permitted under specific "AHA Seal Guidelines," and as such, these specific guidelines and the authorized graphics will be provided upon request of the TS from the TC directly. You are advised not to use any of the AHA's copyrighted materials, logos, or any other discontinued graphics that are no longer approved for use by the AHA. TS must use the approved Seal in a manner consistent with the AHA requirements, and that does require the TS to disclose their alignment with AZ20967 as a part of the usage. Specific guidelines and the approved graphic(s) will be provided to the TS upon request. After deploying said graphic(s) on a website, TS shall notify TC upon publishing to verify that the AHA requirements have been satisfied. TS agrees that if, in the sole discretion of the TC, deployment or display of the approved graphic(s) is not compliant with the AHA guidelines, to remove such deployment or display promptly upon notice provided to the TS.
11. If any specific clause in this Agreement is found to be illegal or unenforceable under Arizona law, the remaining portions are still held to be in full force and effect notwithstanding.