The model of simple confidentiality agreement for business cooperation can't 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 a sample of a simple confidentiality agreement for business cooperation.
Model simple confidentiality agreement for business cooperation 1
Party A (responsible person):
Party B (Trustee):
Party A entrusts Party B to develop _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ products.
The first definition
The "confidential information" mentioned in this agreement refers to written, electronic documents or other forms of information and materials related to related businesses disclosed by Party A to Party B. In any form, as long as Party A does not disclose, disclose or disclose the information, the "confidential information" can be a business secret that meets the conditions prescribed by law, or other confidential information that has not yet reached the conditions prescribed by law to form a business secret.
Under no circumstances shall Party B disclose this cooperation, cooperation contents, project operation principle, performance and possible technical loopholes to any third party.
Article 2 Responsibility 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 to keep confidential. 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, starts from the negotiation period between both parties and lasts forever.
(2) Without the written consent of Party A, Party B shall not disclose or divulge any confidential information to any 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 its respective responsible representatives who have to contact confidential information for the purpose specified in this Agreement.
(4) Unless it is really necessary to disclose it 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.
(V) If the negotiation or cooperation project fails to continue, resulting in the dissolution or termination of this contract, Party B shall destroy or return to Party A all confidential information, all documents and other materials containing or embodying confidential information and all copies thereof within five working days.
(VI) Party B shall regard the confidential information disclosed by Party A as no less confidential than the similar information it owns, but the protection of confidential information shall not be less than reasonable under any circumstances.
Article 3 Intellectual property rights
(1) The disclosure of confidential information by Party A to Party B does not constitute the transfer or grant to Party A the rights and interests of 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 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 documents of this contract approved by Party A belong to Party A. In addition, Party A can apply the design data and documents of this contract to other projects without obtaining Party B's consent and paying additional fees to Party B. ..
(4) Party B shall protect Party A's intellectual property rights and confidential information. Without the consent of Party A, Party B promises not to modify, copy or disclose Party A's information, business information and documents to a third party without authorization; Party B shall 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 Party A a penalty of not less than RMB; 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 the losses suffered by Party A as a result.
(II) During the contract or cooperation between the two parties, Party A has the right to terminate the negotiation or the contract or cooperation relationship with Party B immediately, regardless of whether the above liquidated damages are paid. The liability for contracting negligence and contract compensation losses caused by the termination of the negotiation or the termination of the contract or cooperation shall be borne by the breaching party separately.
The scope of compensation for losses includes:
1. The expenses paid by Party A for handling this matter include but are not limited to attorney's fees, legal fees, travel expenses, information fees, investigation fees, evaluation fees, appraisal fees, etc.
2. Party A suffers from loss of commercial interests, including but not limited to reasonable profit loss, loss of technology transfer fee and loss of business secret disclosure.
Article 5 dispute settlement methods
Any dispute arising from this agreement shall be settled by both parties through consultation. If negotiation fails, 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.
(2) 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: _ _ _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Model simple confidentiality agreement for business cooperation II
Party A: _ _ _ _ _ _ _
Party B: _ _ _ _ _ _
Whereas Party A and Party B are seeking to establish the cooperative relationship of introducing venture capital and overseas financing listed financial advisers, in order to actively promote business development and business cooperation in the designated area, 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 (disclosing party) to the other party (receiving party) in the form of written, oral or electronic documents, including but not limited to business plans, proprietary technologies, research results, customer information, financial data and other technical and commercial information.
The methods of disclosing such confidential information include but are not limited to letters, faxes, memos, meeting minutes, agreements, reports, plans, agreements, emails, etc. Or any information or data disclosed orally and confirmed in writing as confidential information.
The above confidential information does not include any other information published or in the public domain, and information obtained by the receiving party 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 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 any unit or individual who has no right to contact the information 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, you must obtain the written permission of the other party in advance and sign a confidentiality agreement with the third party.
(3) Employees who have access to the confidential information shall abide by the confidentiality obligation.
(4) If the two parties fail to establish a cooperative relationship through discussion, the receiving party 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 restrict the further dissemination of confidential information.
4. Both parties confirm that any provision of this agreement does not constitute the transfer or license of confidential information, and the recipient shall not use the 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 affiliated companies and their successors. If the confidential information is made public 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 reached by 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 come into effect after being signed by both parties.
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 negotiation, 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 People's Republic of China (PRC).
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): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model simple confidentiality agreement for business cooperation 3
Party A: (Entrusting Party)
Party B: (Trustee)
According to the Anti-Unfair Competition Law of People's Republic of China (PRC) and relevant national and local regulations, Party A and Party B have reached the following agreement through friendly negotiation on the trade secrets of both parties in the process of product marketing, advertising service, processing contract, business expansion and market development:
I. Contents and scope of confidentiality
1. The trade secrets mentioned in this agreement refer to technical information and commercial information that are not known to the public, can bring economic benefits to Party A, are practical, and are required by Party A to take confidentiality measures. 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, supply information, supplier list, market position data, performance evaluation, sales history, feeding channels, test data, technological process, product formula, sales plan and so on.
2. Although it does not meet the constitutive requirements of trade secrets, the provisions on rights and obligations in this Agreement are also applicable to the materials or information that Party A explicitly requires to be kept confidential. The "trade secrets" mentioned in the following clauses shall be understood as including the materials or information referred to in this paragraph, and shall not be separately pointed out.
Second, the rights and obligations of both parties
1. All kinds of business materials used by Party B for planning, processing, contracting or necessary shall be provided by Party A. Any brand resources, business data, intangible assets, intellectual property rights and other related rights formed based on this information or business cooperation shall be owned by Party A..
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 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 engaged in the same business or similar business with Party A to provide marketing planning or business, and shall not carry out the above business in cooperation or other forms.
5. Within three years after the expiration of the cooperation period, Party B shall not use Party A's business secret information to 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 commercial materials of Party A, and shall not keep copies without authorization, and shall still bear the responsibility of confidentiality.
7. In addition to the above obligations, Party B shall abide by Party A's relevant confidentiality system and the confidentiality obligations agreed in this agreement, and educate Party B's employees to abide by the same obligations. Party B shall be jointly and severally liable for the disclosure, improper use or any other form of disclosure of trade secrets caused by the behavior of its 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 main contract (note: indicate the name, number and signing date of the main contract according to the specific situation) has fully considered the confidentiality obligations that Party B should undertake when determining the price amount. Therefore, the main contract price already includes the consideration for Party B to perform or undertake 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 ask for additional price accordingly.
Three. articles of agreement
This agreement shall come into force as of the date of signature and seal 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 mastered 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.
Fourth, the liability for breach of contract
1. If Party B and its staff violate the confidentiality agreement and privately acquire, illegally hold, steal, disclose or infringe Party A's business secrets in any other way, 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 a penalty of RMB 10,000 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 this 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 compensate all losses (including intangible assets, market share and available profits, etc.). ) caused by this; If the circumstances are serious, they shall bear corresponding criminal responsibilities.
3. The illegal possession, disclosure and theft of trade secrets, no matter how they are obtained, shall be known to Party B or a third party or staff irrelevant to Party B, or the same or similar confidential matters in the market. Party B shall bear the opposite burden of proof.
Verb (abbreviation for verb) dispute settlement
1. Any dispute arising from this agreement shall be submitted to the court in the place where this agreement is signed, and the applicable law shall be People's Republic of China (PRC) law.
2. The breaching party shall bear all expenses incurred by the observant party in claiming rights, including but not limited to litigation/arbitration fees, attorney fees, travel expenses, investigation and evidence collection fees, etc.
Supplementary clause of intransitive verbs
1. This agreement shall come into force as of the date of signature or seal by both parties.
2. This Agreement is made in duplicate, with each party holding one copy.
3. This agreement is an integral part of the main contract (note: indicate the name, number and signing date of the main contract as appropriate) and has the same legal effect as the main contract.
4. Others:
Signing place:
Signing time: year month day