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Model simple confidentiality agreement for business cooperation

Model of Simple Confidentiality Agreement for Business Cooperation

The model of Simple Confidentiality Agreement for Business Cooperation cannot be made public when the business cooperation project is not completely finalized, so the confidentiality agreement will be signed together when signing the cooperation contract, which can guarantee the interests of both parties. Next, I will share the model of Simple Confidentiality Agreement for Business Cooperation. Model of Simple Confidentiality Agreement for Business Cooperation 1

Party A (Principal):

Party B (Trustee):

Party A entrusts Party B to develop _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Moreover, Party B acknowledges that the disclosure of any such confidential information to a third party will harm the business and other interests of Party A. Therefore, Party A and Party B agree to sign this confidentiality agreement and abide by it:

Article 1 Definition

The term "confidential information" as mentioned in this agreement refers to the written, electronic documents or other forms of information and information of related business disclosed by Party A to Party B, regardless of the form. As long as Party A's unpublished, public or public information is involved, the "confidential information" can be a business secret that meets the requirements stipulated by law, or other confidential information that has not yet reached the requirements for the composition of a business secret stipulated by law.

under any circumstances, party b shall not disclose this cooperation, cooperation contents, project operation principle, performance and possible technical loopholes to any third party.

article 2 responsibilities of both parties

(1) party a and party b are the providers and recipients of confidential information, and party b has the obligation and responsibility of confidentiality. The confidentiality period of this Agreement, that is, the period during which Party B has the obligation to keep confidential the cooperation projects, cooperation contents and confidential information of Party A, shall be kept confidential from the negotiation period of both parties to eternity.

(II) Without the written consent of Party A, Party B shall not disclose and disclose any confidential information to a third party (including news media or its employees) or use the confidential information in other ways.

(3) Party B shall strictly limit the contact scope of confidential information to the respective responsible representatives who have to contact confidential information for the purpose specified in this agreement.

(4) Unless it is necessary to disclose with the written consent of Party A, Party B shall not copy or duplicate the confidential information disclosed by Party A or provide it to a third party intentionally or unintentionally.

(5) if the negotiation or cooperation project is not continued, which leads to the dissolution or termination of the contract, Party B shall destroy or return to Party A all confidential information in its possession or control, all documents and other materials containing or embodying confidential information together with all copies within five working days.

(6) Party B shall treat the confidential information disclosed by Party A as no less confidential than the similar information it owns, but under no circumstances shall the protection of the confidential information be less than reasonable.

Article 3 Intellectual Property

(1) The disclosure of confidential information by Party A to Party B does not constitute the transfer or grant to Party A of the rights and interests of its confidential information, trademarks, patents, technical secrets, business information or any other intellectual property rights, nor does it constitute the transfer or grant to Party B of the rights and interests of confidential information, trademarks, patents, technical secrets or any other intellectual property rights licensed by a third party.

(2) if the design materials and documents submitted by party b infringe the legal rights of a third party, party b shall bear all economic and legal responsibilities.

(3) The ownership and copyright of the design data and design documents of this contract project approved by Party A shall belong to Party A.. Moreover, Party A can apply the design data and documents of this contract to other projects without the consent of Party B or paying additional fees to Party B..

(4) Party B shall protect Party A's intellectual property rights and confidential information. Without Party A's consent, Party B promises not to modify, copy or disclose Party A's information, business information and documents to a third party without authorization; Do not modify, copy or disclose the phased results and final design results approved by Party A to a third party; Do not transfer all or part of the above information to a third party or allow it to be used by a third party; Do not use all the above information for any purpose other than this project.

article 4 liability for breach of contract

(1) if party b violates the confidentiality obligations under this agreement, it shall pay a penalty of not less than RMB yuan to party a; If the above liquidated damages agreed in this article are not enough to make up for the losses caused to Party A due to breach of confidentiality obligations, Party A has the right to further claim compensation from Party B for all losses suffered by Party A as a result.

(II) During the contract or cooperation period between both parties, regardless of whether the above liquidated damages are paid or not, Party A has the right to immediately terminate the negotiation or terminate the contract or cooperation relationship with Party B, and the liability for contracting negligence and contract compensation losses caused by the termination of the negotiation or termination of the contract or cooperation shall be borne by the breaching party separately.

the scope of compensation for losses includes:

1. expenses paid by party a for handling this matter, including but not limited to attorney's fees, legal fees, travel expenses, materials fees, investigation fees, evaluation fees, appraisal fees, etc.

2. Party A suffers losses from commercial interests, including but not limited to the loss of reasonable profits, the loss of technology transfer fees, the loss of trade secrets disclosure, etc.

article 5 dispute resolution

any dispute arising from this agreement shall be settled by both parties through consultation. If no settlement can be reached, it shall be submitted to Guangzhou Arbitration Commission for arbitration.

article 6 others

(1) this agreement shall come into effect as of the date of signature and seal by both parties.

(ii) this agreement is made in duplicate, each party holds one copy, which has the same legal effect.

party a (seal): _ _ _ _ _ _ _ _ _ _ _ party b: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

representative (signature) : _ _ _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

In view of the fact that Party A and Party B are seeking to establish a cooperative relationship between introducing venture capital and overseas financing and listing financial advisers, and in order to actively promote business development and business cooperation in designated areas, through friendly negotiation, Party A and Party B agree to disclose their confidential information to each other and sign the following agreement (hereinafter referred to as this agreement).

1. Confidential information refers to any information or data provided by one party (the disclosing party) to the other party (the receiving party) in the form of written, oral or electronic documents, including but not limited to business plans, know-how, research results, customer information, financial data and other technical and commercial information.

ways to disclose such confidential information include but not limited to letters, faxes, memos, minutes, agreements, reports, schemes, agreements, emails, etc., or any information or data that is disclosed orally and confirmed as confidential information in writing.

the above confidential information does not include any published or other information in the public domain, and the information that the recipient has obtained through other legal channels at the time of disclosure.

2. The recipient agrees to use the confidential information of the other party only within the scope of the purpose of this cooperation. And

(1) take adequate measures to protect the confidential information of the disclosing party, and do not publicly transfer the confidential information of the other party to any third party, nor let the units or individuals who have no right to access the information access it in other ways.

(2) If it is really necessary to disclose the confidential information of the other party to a third party for the purpose of this cooperation, it must obtain the written permission of the other party in advance and sign a confidentiality agreement with the third party.

(3) employees who come into contact with this confidential information shall be bound to abide by the confidentiality obligation.

(4) If the two parties fail to establish a cooperative relationship after discussion, the recipient cannot use the confidential information of the disclosing party; If the cooperation relationship is terminated, the receiving party shall return the confidential information and its carrier to the disclosing party as required by the disclosing party.

3. If the receiving party must disclose confidential information according to legal procedures or administrative requirements, the receiving party shall notify the disclosing party in advance and assist the disclosing party to take necessary protective measures to prevent or limit the further spread of confidential information.

4. both parties confirm that any provision of this agreement does not constitute a transfer or license of confidential information, and the recipient cannot use this confidential information outside the purpose of this agreement.

5. this agreement shall come into force as of the date of signature and seal by both parties, and shall be binding on both parties, their affiliates and their successors. If the confidential information becomes public knowledge for reasons other than the receiving party, this agreement will automatically become invalid for that part of the confidential information.

6. this agreement contains all the agreements of both parties on this matter. If any oral or written agreement or agreement reached by both parties before this conflict with this agreement, the content of this agreement shall prevail. Any amendment to this agreement shall be made in writing and signed by both parties before it takes effect.

7. if one party violates this agreement, the other party has the right to claim compensation for economic losses and take other necessary remedial measures.

8. Any dispute or controversy related to this Agreement shall be settled through friendly negotiation. If no settlement can be reached through consultation, either party may submit it to the Arbitration Commission for arbitration, and the arbitration decision is final and binding on both parties. This agreement shall be governed by the laws of the People's Republic of China.

9. this agreement is made in duplicate, each party holds one copy, which has the same legal effect.

party a (seal): _ _ _ _ _ _ party b (seal): _ _ _ _ _ _

authorized representative (signature): _ _ _ _ _ _ _ authorized representative (signature) : _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The following terms and conditions were reached through friendly negotiation on the business secrets in the process of product marketing, advertising service, processing contracting, business expansion and market development between Party A and Party B:

1. Confidential contents and scope

1. The business secrets referred to in this agreement refer to the technical information and business information that are not known to the public, can bring economic benefits to Party A, and are practical and require to be kept confidential by Party A.. Specifically, it includes: all business materials provided by Party A to Party B for planning, processing or necessary during the cooperation period, Including but not limited to customer data, financial data, production basis, production situation, production data, product cost, product pricing, personnel records, employee data, source information, supplier list, market position data, performance evaluation, sales history, feeding channels, test data, technological process, product formula, sales plan and new business promotion plan, production and marketing strategy, financial status, design, procedures and manufacturing technology.

2. although it does not meet the constitutive requirements of trade secrets, the provisions on rights and obligations in this agreement shall also apply to the materials or information explicitly requested by party a for confidentiality. The "trade secrets" mentioned in the following clauses should be understood as including the materials or information referred to in this paragraph, and will not be pointed out separately.

ii. Rights and obligations of both parties

1. Party A shall provide all kinds of business materials used by Party B for planning, processing and contracting or required. Any brand resources, business data, intangible assets, intellectual property rights and other related rights formed based on this information or business cooperation belong to Party A alone.

2. Party A shall not provide Party B's plan, design or scheme to other advertising plans or companies.

3. All materials provided by Party A to Party B shall be kept by special personnel, and Party B shall ensure that irrelevant personnel of the company and personnel outside the company shall not obtain the above materials through various channels.

4. during the cooperation period, party b shall not accept the entrustment of a company that operates the same business or similar business with party a to provide marketing planning or business, nor shall it conduct the aforementioned business in cooperation or other forms.

5. within three years after the expiration of the cooperation period, party b shall not make use of the business secret information of party a, and accept the entrustment of organizations or individuals engaged in similar business or similar business with party a to provide similar or similar planning or other business.

6. after the expiration of the cooperation period or the termination of the contract by both parties, party b shall return all the business data of party a, and shall not keep the copies without authorization, and shall still keep the confidentiality responsibility.

7. in addition to the above obligations, party b shall abide by the relevant confidentiality system of party a and the confidentiality obligations agreed in this agreement, and educate its employees to abide by the same obligations. Party B shall be jointly and severally liable for the disclosure or improper use of business secrets or any other form of disclosure caused by the behavior of Party B's employees (including professional behavior and personal behavior).

8. The contract price that Party A has paid or should pay to Party B according to the master contract (note: indicate the name, number and signing date of the master contract according to the specific circumstances) has fully considered the confidentiality obligation that Party B should bear when determining the price amount. Therefore, the master contract price has already included the consideration for Party B's performance or undertaking the obligations under this agreement, so Party A does not need to pay Party B another price for this agreement, and Party B may not demand additional price accordingly.

III. Term of Agreement

This agreement shall come into effect as of the date of signature by both parties, and the validity of the agreement shall be within the whole cooperation period of both parties and the confidentiality and non-competition period stipulated in this agreement. The business secrets held by Party B during the cooperation with Party A shall not be disclosed or improperly used, including the confidentiality obligation after the expiration of this agreement, otherwise Party B shall bear corresponding legal responsibilities.

iv. Liability for breach of contract

1. If Party B and its staff illegally obtain, hold, steal, disclose or infringe Party A's business secrets in any other way in violation of the confidentiality agreement, Party A has the right to unconditionally terminate the relevant business cooperation agreement, and require Party B to bear the liability for breach of contract and pay liquidated damages of RMB 1, only. Party B voluntarily waives the right to claim that the liquidated damages are too high and request the court or arbitration tribunal to make appropriate adjustments.

2. if party b violates the agreement, illegally holds, steals, divulges or infringes on party a's business secrets in any other way, thus causing economic losses to party a, party a has the right to require the other party to bear the liability for breach of contract according to the above terms and conditions, and compensate for all the losses caused thereby.