DEP™ Certification Agreement
Last Updated: June 12, 2026
This DEP™ Certification Agreement (the “Agreement”) is entered into between the Digital Estate Planning Board, Inc. (“the Board,” “Certifier,” “we,” “us,” or “our”) and the individual applying for or holding the Digital Estate Planner (DEP™) certification (“you” or “Authorized User”).
By paying the invoice for DEP™ certification, by sitting the DEP™ examination, by using the DEP™ certification, and/or by checking the box indicating your acceptance, you agree to be bound by this Agreement.
1. The Certification Mark
“DEP™” and “Digital Estate Planner” (the “Mark”) are certification marks administered and controlled by the Certifier. The Mark certifies only that a person has met the Certifier’s published standards for competence in digital estate planning (the “Standards”) and holds current certification in good standing. The Mark does not certify, and may not be used to suggest, that the Certifier provides any underlying legal, fiduciary, financial, or professional services.
2. Nature of Certification
Certification indicates that you have met an objective standard. The Certifier will certify any applicant who satisfies the Standards and the conditions of this Agreement, and will not discriminately refuse to certify, or refuse to authorize use of the Mark by, any person who meets and maintains the Standards. Conversely, the Certifier does not, and will not, use the Mark to market its own legal, fiduciary, financial, or professional services.
3. Eligibility and Conferral
To become an Authorized User you must: (a) submit a complete application; (b) pay the applicable certification fee; (c) pass the DEP™ examination at or above the passing threshold set out in the Standards; and (d) accept this Agreement. Certification is conferred only after all conditions are met, and is evidenced by the Certifier’s records of authorized users.
4. Grant of License to Use the Mark
Subject to your continued compliance with this Agreement and the Standards, the Certifier grants you a limited, non-exclusive, non-transferable, revocable license to use the Mark solely to indicate that you hold current DEP™ certification. This license begins when certification is conferred and ends automatically upon lapse, suspension, or revocation. You acquire no ownership interest in the Mark; all goodwill arising from your use inures solely to the Certifier.
5. How To Display the Mark
You must use the Mark only in a form that communicates certification, for example:
“[Your Name], Esq. — Certified Digital Estate Planner (DEP™)”
You must not: (a) alter, abbreviate, or create derivative versions of the Mark; (b) use the Mark as part of your own firm name, logo, domain, or entity name; (c) use the Mark in any way that suggests the Certifier sponsors, endorses, or is responsible for your services; or (d) continue any use after your certification lapses, is suspended, or is revoked. The Certifier may publish written usage guidelines, which form part of this Agreement.
6. Maintaining Certification
Certification remains valid for one (1) year from the date of issuance by the Certifier, and may be renewed on the terms then in effect, including any continuing-education or recertification requirements in the Standards. You must promptly notify the Certifier of any change that affects your eligibility (for example, loss of a professional license).
7. The Certifier’s Control Rights
The Certifier controls all use of the Mark. The Certifier may, at any time: (a) monitor and audit your use of the Mark; (b) require you to correct non-conforming use within a stated period; and (c) suspend or revoke your certification and license for failure to meet the Standards, breach of this Agreement, misuse of the Mark, or conduct that the Certifier reasonably determines undermines the integrity of the certification. Upon suspension or revocation you must immediately cease all use of the Mark and remove it from all marketing, websites, and materials.
8. Your Representations
You represent that: (a) you are a licensed or otherwise qualified professional in good standing; (b) all information you provide is accurate; and (c) you will use the Mark only as permitted here.
9. Fees
Certification and renewal fees are as stated on the applicable invoice or order. Fees are non-refundable except as required by law or as the Certifier otherwise states in writing.
10. Intellectual Property
The Mark, the Standards, the examination, and all related materials are the property of the Certifier or its licensor and are protected by applicable intellectual-property law. Nothing in this Agreement transfers any ownership to you.
11. Disclaimers and Limitation of Liability
The certification program and all related materials are provided “as is,” without warranties of any kind. To the fullest extent permitted by law, the Certifier is not liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to this Agreement, the certification, or your use of the Mark.
12. Relationship of the Parties
You and the Certifier are independent parties. This Agreement creates no partnership, employment, agency, joint venture, or attorney-client relationship, and you may not bind the Certifier.
13. Term and Termination
This Agreement continues while you hold certification. Either party may terminate as provided here or in the Standards. Sections 4 (final sentence), 5(e), 7, 10, 11, 14, and 15 survive termination. On termination for any reason, your license to use the Mark ends and you must cease all use.
14. Dispute Resolution; Governing Law
This Agreement is governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute shall be resolved by final and binding individual arbitration in Westchester County, New York, under commercially reasonable rules selected by the Certifier, except that the Certifier may seek injunctive or equitable relief in court to protect the Mark or its confidential information. You waive any right to participate in a class or representative proceeding.
15. Miscellaneous
This Agreement, together with the Standards and any published usage guidelines, is the entire agreement on its subject. If any provision is unenforceable, the rest remains in effect. The Certifier may update this Agreement from time to time by posting a revised version with an updated “Last Updated” date; changes take effect when posted, and your continued use of the Mark after that date constitutes acceptance of the revised Agreement.
16. Acceptance
Paying for certification, sitting the examination, and/or using the mark, indicates your agreement to be bound by this Agreement.
Digital Estate Planning Board, Inc.
legal@digitalestate.org