Confidentiality agreement
_ _ _ _ _ _ _ _ _ _ _ _ _ Company, a futures brokerage company (hereinafter referred to as the Disclosing Party) established under the laws of People's Republic of China (PRC) (hereinafter referred to as "China"); and
Sina Net Technology (China) Co., Ltd., a limited liability company established and validly existing under the laws of China, has its legal address:No. Wanquanzhuang 1, Haidian District, Beijing (hereinafter referred to as the "receiving party");
Whereas:
1. For the cooperation of both parties, the disclosing party agrees to provide confidential information in its possession to the receiving party;
2. The receiving party agrees to accept the confidential information provided by the disclosing party according to the terms and conditions stipulated in this agreement;
Now, therefore, both parties have reached the following agreement:
1. "Confidential information" is defined as all devices, charts, written materials or other tangible materials disclosed by the disclosing party to the receiving party for the above-mentioned purposes, which relate to the above-mentioned subject areas and are marked as "confidential" or "proprietary" when disclosed. Information disclosed orally or visually and confirmed as "confidential" at the time of disclosure shall be regarded as confidential if it is converted into tangible form, marked as "confidential" and handed over to the recipient within thirty (30) days after oral or visual disclosure.
2. When disclosing confidential information to the receiver, the disclosing party shall provide the receiver with an attachment. The annex shall clearly disclose the specific content and date of disclosure of confidential information. The authorized representative of the receiving party shall sign the attachment, and the receiving party shall seal the attachment if required by the disclosing party.
3. Unless expressly authorized by the disclosing party, the receiving party agrees to keep confidential information within the "confidentiality period" as defined below. During this period, the receiving party shall not disclose the collected confidential information to any third party, nor shall it use the collected confidential information for any purpose other than the above purposes. "Confidentiality period" means three (3) years from the date of receipt of confidential information, or until the information mentioned in Article 5 of this Agreement is no longer confidential.
4. The receiving party shall do its best to limit the dissemination of the confidential information of the disclosing party to the employees who need to know the confidential information for the above purposes. Without the written consent of the disclosing party, the receiving party shall not disclose confidential information to any third party.
5. Regardless of other provisions of this Agreement, both parties acknowledge that confidential information shall not include any of the following information:
A) It is known, or has become known due to the misconduct of the receiving party; or
B) Information that was known to the receiving party at the time of disclosure under this Agreement, and the disclosure is not restricted (and this fact has been reasonably and satisfactorily proved to the disclosing party); or
C) Information that legally becomes or later becomes the property of the receiving party does not violate this Agreement and has no obligation to restrict disclosure; Or,
D) Information reasonably and satisfactorily proved to the disclosing party and independently developed by the receiving party without violating this Agreement; or
E) Information provided by the disclosing party to a third party, but it will not limit the rights of the third party; or
F) Information explicitly approved for release with the written authorization of the disclosing party; or
G) Information that the receiving party needs to disclose to the competent court or the duly authorized government department.
With regard to item (g), if the receiving party is required or required to disclose any confidential information, the receiving party will immediately send relevant written notice to the disclosing party so that the disclosing party can seek appropriate remedial measures. The receiving party agrees to use its best efforts to assist the disclosing party in obtaining appropriate remedies. If proper remedial measures are not obtained, the receiving party will only provide the confidential information ordered to be disclosed, and will make other reasonable efforts to obtain other guarantees to ensure that the disclosed confidential information will be treated confidentially.
6. The receiving party agrees to return the confidential information, all its copies (whether authorized or not) and all documents or articles containing the confidential information or any part thereof to the disclosing party at the request of the disclosing party, including but not limited to: any analysis, editing, research or other documents produced by the receiving party or any agent, employee or representative (including lawyers, accountants and financial advisers) who obtained or otherwise obtained the confidential information or any part thereof. Notwithstanding the above provisions, the internal lawyer or external lawyer of the receiving party may keep a copy of the above information to avoid possible misunderstanding of the scope of disclosure in the future.
7. Except for using the materials in the manner and scope authorized by this agreement, no express or implied license is granted to the recipient for the confidential materials.
8. The Receiving Party agrees that if the Receiving Party or any of its employees, agents or representatives violates this Agreement and causes any damage to the Disclosing Party.
In case of any damage, the receiving party shall compensate the disclosing party for all the losses suffered as a result.
9. The termination, dissolution and invalidity of the agreement involving confidential contents for any reason shall not affect the confidentiality obligations of the receiving party under Article 3 of this agreement.
10. Any dispute or controversy related to this agreement shall be settled through friendly negotiation. If no settlement can be reached through negotiation, either party may submit it to Beijing Arbitration Commission for arbitration, and the arbitration decision is final and binding on both parties. This Agreement shall be governed by the laws of People's Republic of China (PRC).
In witness whereof, this agreement shall come into force as of the date of signature by the duly authorized representatives of both parties.
Xinlang Net Technology (China) Co., Ltd.
Authorized representative: authorized representative:
Seal: seal:
Date of signing: Date of signing: