DISCLOSING PARTY ("Party A"): Custom's company
RECEIVING PARTY ("Party B"): Xiamen Boming Industrial & Trading Co., Ltd
1. Confidential Information
Confidential Information includes any information, material data or know-how, whether in oral, written, graphic, electronic or physical form, that relates to the business, operations, finances or technology of the Party A and that (a) is either designated as confidential by Party A or, by the nature of the circumstances, ought to be treated as confidential; and (b) information disclosed by Party A to Party B prior to this Agreement or is otherwise learned by Party B in the course of its dealings with Party A.
Confidential Information also includes but not limited to patents, trade secrets, copyrightable works, trademarks, concepts, designs, drawings, sketches, renderings, developments, improvements, packaging design, formulas, product specifications, component and accessory specifications, protocols, methods, processes, test results, intended use, samples, prototypes, customized tooling, material composition, customer, market and product development plans, product promotional plans, forecasts, cost information, and also includes the existence and progress of the parties* dealings and the terms of any agreement between the parties.
2. Non-Disclosure, Non-Use and Non-Circumvention
Except with expressed prior written authorization of the Party A, Party B agrees not to disclose, use or circumvent Party A to disclose or use the Confidential Information. Under any circumstances, Party B shall not file any intellectual property registration application which is originated from Confidential Information disclosed by Party A. Such intellectual property registration including but not limited to patent registration, trademark registration and copyright registration.
2.1Non-Disclosure. Party B agrees not to disclose Confidential Information to any third party, whether in oral, written, graphic, electronic or physical form, including disclosure in marketing collaterals (photograph or video); make or permit any third party to make copies or other reproductions of Confidential Information; reveal to any third party (including Party A's customers) that it is manufacturing Party A's products. Party B shall restrict the possession, knowledge, and use of Confidential Information to its officers, employees, consultants, agents, partners, or representatives (Party B's Representatives") who have a legitimate need to know such information and who are subject to binding obligations of confidentiality. Party B's Representatives shall be informed of the confidential nature of the information. Party B shall be responsible for any breach of this Agreement by any of its Representatives.
2.2Non-Use. Party B agrees not to use Confidential Information to develop and/or sell the same or significantly similar product to any third party (including Party A's customers) other than Party A; not to use Confidential Information develop and/or sell the same or significantly similar product directly or indirectly competing with Party A.
2.3Non-circumvention. Without the specific written approval of Party A, Party B shall not directly or indirectly, circumvent, avoid, bypass Party A, including make use of a third party, to contact, deal with, transact, or otherwise be involved with any customers of Party A; or with any corporation, partnership, individuals, or other entities introduced or revealed by Party A. This Agreement will be interpreted to prevent any such circumvention of its terms that would prevent Party A from receiving the compensation it would otherwise receive and in a manner that will provide maximum protection to the business expectations of Party A.
Network Supported
