DEP™ Membership and Designation Agreement
Last Updated: October 11, 2026
This DEP™ Membership and Designation Agreement (the “Agreement”) is entered into between the Digital Estate Planning Board, Inc. (“the Board,” “we,” “us,” or “our”) and the individual applying for or holding the Digital Estate Planner (DEP™) designation (“you” or “Member”).
By paying for DEP™ membership, by sitting the DEP™ examination, by using the DEP™ designation, and/or by checking the box indicating your acceptance, you agree to be bound by this Agreement.
1. The DEP™ Mark
“DEP™” and “Digital Estate Planner” (the “Mark”) are marks owned and controlled by the Board. The Mark indicates only that a person has passed the DEP™ examination, has been admitted by the Board as a Member, and holds the DEP™ designation in good standing under the Board’s published standards for digital estate planning (the “Standards”). The Mark does not indicate, and may not be used to suggest, certification as a specialist, or that the Board provides any underlying legal, fiduciary, financial, or professional services.
2. Nature of the Designation
The DEP™ designation is a professional membership designation. It indicates that you have met an objective standard. The Board will confer the designation on any applicant who satisfies the Standards and the conditions of this Agreement, and will not discriminately refuse to confer the designation on, or to authorize use of the Mark by, any person who meets and maintains the Standards. Conversely, the Board does not, and will not, use the Mark to market its own legal, fiduciary, financial, or professional services. The DEP™ designation is not a certification of specialization by any state bar or by the American Bar Association.
3. Eligibility and Conferral
To become a Member you must: (a) submit a complete application; (b) pay the applicable membership fee; (c) pass the DEP™ examination at or above the passing threshold set out in the Standards; and (d) accept this Agreement. The designation is conferred only after all conditions are met and your result has been reviewed by the Board’s Admissions Committee, and is evidenced by the Board’s register of Members.
4. Grant of License to Use the Mark
Subject to your continued compliance with this Agreement and the Standards, the Board grants you a limited, non-exclusive, non-transferable, revocable license to use the Mark solely to indicate that you hold the current DEP™ designation. This license begins when the designation 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 Board.
5. How To Display the Mark
You may display the Mark only in one of these approved formats:
- “[Your Name], Esq., DEP™” (preferred)
- “[Your Name], Esq. — Digital Estate Planner (DEP™)”
Do not add the Board’s name to your name line. 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 Board sponsors, endorses, or is responsible for your services; (d) continue any use after your designation lapses, is suspended, or is revoked; or (e) use the Mark together with the words “certified,” “certification,” “specialist,” “specializing,” “expert,” or “board-certified,” or in any way that states or implies certification as a specialist.
You are responsible for complying with the rules of each jurisdiction in which you practice on lawyer advertising and on communicating professional designations. Wherever the Mark appears in your marketing, the Board recommends this disclosure: “DEP™ is a professional designation of the Digital Estate Planning Board, awarded to members who pass the DEP™ examination and maintain its Standards. It is not a certification of specialization by any state bar or by the American Bar Association. Check your jurisdiction’s rules on communicating professional designations.”
6. Maintaining the Designation
The designation remains valid for one (1) year from the date it is conferred, and may be renewed annually on the terms then in effect, including any continuing-education or renewal requirements in the Standards. You must promptly notify the Board of any change that affects your eligibility (for example, loss of a professional license).
7. The Board’s Control Rights
The Board controls all use of the Mark. The Board 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 designation and license for failure to meet the Standards, breach of this Agreement, misuse of the Mark, or conduct that the Board reasonably determines undermines the integrity of the designation. 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
Membership, examination, and renewal fees are as stated on the applicable invoice or order. Fees are non-refundable except as required by law or as the Board otherwise states in writing.
10. Intellectual Property
The Mark, the Standards, the examination, and all related materials are the property of the Board 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 designation program and all related materials are provided “as is,” without warranties of any kind. To the fullest extent permitted by law, the Board is not liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to this Agreement, the designation, or your use of the Mark.
12. Relationship of the Parties
You and the Board are independent parties. This Agreement creates no partnership, employment, agency, joint venture, or attorney-client relationship, and you may not bind the Board.
13. Term and Termination
This Agreement continues while you hold the designation. 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 Board, except that the Board 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, is the entire agreement on its subject. If any provision is unenforceable, the rest remains in effect. The Board 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 DEP™ membership, 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