Free Business Non Compete Agreement 3 Download

Non-Compete/Confidentiality PI Agreement Page 1 of 2 Confidentiality/Non-Compete Agreement (Proprietary Information Exchange Form) The National Childhood Obesity Foundation, Inc. located at Eleven Hathaway Road, Suite 1A, Marblehead, Massachusetts (hereinafter referred to as N.C.O.F.�), in �good faith�, has and/or will in the future, communicate via N.C.O.F.�'s website and/or verbally and/or inwriting via faxes, E-mails, regular mail, FedX, and/or by any other means of informationexchange; inform, educate, solicit, release to and outline in detail including but not limited to:donor information; event and programming development and production; donor benefits;strategic plans; development and marketing data; demographic and targeted donors;production data; cost data; celebrity couples board; etc. (hereinafter referred to as �ProprietaryInformation� or �PI�) regarding the following N.C.O.F.� P.O.W.E.R.� health education programs and properties: the P.O.W.E.R.� Health Education Tour; the P.O.W.E.R.� HealthInternship Program; the P.O.W.E.R.� Health Communications Program; the P.O.W.E.R.� T.H.I.N.K� Curriculum Health Education Program and Website; the P.O.W.E.R.� Health Obesity Research Program; the P.O.W.E.R.� Health Scholarship Program; and the P.O.W.E.R.�Health Animated Characters Henry and Alisha. N.C.O.F.� in "good faith" shall release said N.C.O.F.� PI regarding the events and programs cited above to (corporate name and address): _______________________________________________________________________ located at _________________________________________________________________ (hereinafter referred to as Recipient). Recipient shall not use the PI from the cited date below and during the statedduration herein, directly or indirectly use, compete and/or create in any manner and/or form,on its own and/or with any third party a similar and/or like event or events as detailed onN.C.O.F.� 's website or as received via any other means of communication. Any informationprovided or to be provided is considered to be proprietary to N.C.O.F.�, and is provided to Recipient to discuss insurance placement for business decision-making purposes only. Recipient will treat with a reasonable standard of care (that is a standard whereby a duty isplaced on the Recipient of this information to use all reasonable means necessary to protect saidinformation from being released to any third party not under the same standard as citedherein). N.C.O.F.� recognizes two exceptions to the extent that such information is: (i).disclosed pursuant to the requirements of any law or governmental agency including withoutlimitation, pursuant to the terms of a subpoena or other similar document, (ii). disclosed to orreceived from a third party under an identical restriction to Recipient's herein, but has received a waiver, in writing, from N.C.O.F.� to permit such an exchange between Recipient and any third party, and which Recipient has confirmed in writing of no reason to believe that such third party had any confidentiality or fiduciary obligation to N.C.O.F.�; and (iii) in the Public domain at the time disclosed to or obtained by Recipient, or becomes part of the public domain through no act, omission or fault of Recipient. Furthermore, this reasonable standard of care will be applicable during the duration of N.C.O.F.�'s and Recipient's immediate exchanges of N.C.O.F.�'s proprietary information and for a duration of sixty (60) months thereafter. Recipient may share N.C.O.F.�'s proprietaryinformation with colleagues/employees within its own company on a "need to know" basis, aslong as, they are informed, in-writing, via reasonable means of the legal duty imposed by thisstandard of care. Whether or not N.C.O.F.� and Recipient conclude this exchange of N.C.O.F.�'s proprietary information with a written contractual business relationship, Recipientwill implement this reasonable standard of care immediately upon receipt of said PI and willmaintain said standard for a duration of sixty (60) months after receipt and/or after theconclusion of a written contractual agreement between the parties herein. Non-Compete/Confidentiality PI Agreement, Page 2 of 2 The Recipient by its signature below understands and attests to the need to protect N.C.O.F.�'s PI and data no matter how it is received from N.C.O.F.� including from any third party under same standard of care. Recipient Senior Corporate Officer Signature Date Typed Name of Signing Senior Corporate Officer Telephone Email