Template of Simple Confidentiality Agreement for Business Cooperation
The sample of Simple Confidentiality Agreement for Business Cooperation cannot be made public until the business cooperation project is fully finalized, so when signing the cooperation contract A confidentiality agreement will also be signed together, so as to ensure the interests of both parties. Next, I will share a simple confidentiality agreement template for business cooperation. Sample Business Cooperation Simple Confidentiality Agreement 1
Party A (Principal):
Party B (Trustee):
Party A Regarding the matter of entrusting Party B to develop _______, Party B may have access to or master Party A’s valuable confidential information due to work needs during the negotiation or cooperation period (regardless of whether the information is expressed verbally, in writing, or in any other form), and Party B Party acknowledges that disclosing any such confidential information to a third party will harm Party A's business and other interests. Therefore, Party A and Party B agree to sign this confidentiality agreement to abide by it:
First Article Definition
The term "confidential information" in this Agreement refers to: written, electronic documents or other forms of information and information disclosed by Party A to Party B regarding relevant business, regardless of the form, as long as it involves For information that has not been published, disclosed or made public by Party A, the "confidential information" may be a business secret that meets the conditions stipulated by law, or other confidential information that has not yet reached the conditions for a business secret as stipulated by law.
Party B shall not disclose to any third party the existence of this cooperation, cooperation content, project operation principles, performance and possible technical loopholes, etc., under any circumstances.
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 to keep confidential and bear the responsibility for keeping confidential. The confidentiality period of this agreement, that is, the period during which Party B is obligated to keep confidential the cooperation projects, cooperation content and Party A’s confidential information, shall be from the negotiation period to the perpetual confidentiality period between the two parties.
(2) Party B shall not disclose or disclose any confidential information to third parties (including news media or their practitioners) or otherwise use confidential information without the written consent of Party A.
(3) Party B shall strictly limit the scope of access to confidential information to its respective responsible representatives who must access confidential information for the purposes specified in this Agreement.
(4) Except for necessary disclosure with the written consent of Party A, Party B shall not copy or reproduce the confidential information disclosed by Party A or provide it to a third party intentionally or unintentionally.
(5) If the negotiation or cooperation project no longer continues and the contract is terminated or terminated, Party B shall destroy or return to Party A within five working days all confidential information in its possession or control as well as or all documents and other materials embodying Confidential Information together with all copies.
(6) Party B shall treat the confidential information disclosed by Party A to it with a degree of confidentiality no less than that it treats similar information in its own possession, but in any case, the protection of confidential information cannot be lower to a reasonable extent.
Article 3 Intellectual Property Rights
(1) Party A’s disclosure of confidential information to Party B does not constitute a transfer or grant to Party A of Party B’s confidential information, trademarks, patents, technical secrets, Ownership of rights and interests in business information or any other intellectual property rights does not constitute a transfer or grant to Party B of any rights and interests related to confidential information, trademarks, patents, technical secrets or any other intellectual property rights that Party B is permitted to use by third parties.
(2) If the design information and design documents submitted by Party B infringe upon the legal rights of a third party, Party B shall bear all economic and legal responsibilities.
(3) The ownership and copyright of the design materials and design documents of this contract project approved by Party A belong to Party A. And Party A can apply the project design information and design documents of this contract to other projects without Party B’s consent or additional payment 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 any third party without authorization. Disclosure by three persons; do not modify, copy or disclose to a third party the phased results and final design results approved by Party A; do not transfer all or part of the above information to a third party or allow a third party to use it ;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 liquidated damages of no less than RMB RMB; The above liquidated damages are insufficient to compensate 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.
(2) During the contract or cooperation period between the two parties, regardless of whether the above-mentioned liquidated damages are paid or not, Party A has the right to immediately terminate negotiations or terminate the contract or cooperative relationship with Party B. , The liability for compensation for contract fault and contract compensation losses caused by cooperation shall be borne separately by the breaching party.
The scope of loss compensation includes:
1. The fees paid by Party A to handle the matter, including but not limited to attorney fees, litigation fees, travel expenses, material fees, and investigation fees , evaluation fees, appraisal fees, etc.
2. Party A suffers losses in business interests as a result, including but not limited to losses in reasonable profits, losses in technology transfer fees, losses in leakage of trade secrets, etc.
Article 5 Dispute Resolution
Any disputes arising from this agreement shall be resolved through negotiation between the parties. If the dispute cannot be resolved, it will be submitted to the Guangzhou Arbitration Commission for arbitration.
Article 6 Others
(1) This agreement shall take effect from the date of signature and seal of Party A and Party B.
(2) This agreement is made in two copies, with each party holding one copy and having the same legal effect.
Party A (seal): ___________________ Party B:_________________________
Representative (signature): ______________ ID number: ____________________
_________year_______ Month _______ day _________ year ________ month _______ day Business Cooperation Simple Confidentiality Agreement Template 2
Party A: _________
Party B : _________
In view of the fact that Party A and Party B are exploring the establishment of a cooperative relationship for the introduction of venture capital and overseas financing and listing of financial consultants, in order to actively promote the business development and business cooperation between the two parties in designated areas, after friendly negotiation, Party A and Party B agree to provide each other with Disclose your own confidential information and sign the following agreement (hereinafter referred to as this agreement).
1. Confidential information refers to any information or data provided by one party to this agreement (disclosing party) to the other party (receiving party) in the form of written, oral or electronic documents in accordance with the conditions set below. Including, but not limited to, business plans, know-how, research results, customer information, financial data and other technical and business information.
Methods of disclosing such confidential information include but are not limited to letters, faxes, memos, minutes, agreements, reports, plans, agreements, emails, etc., or disclosed orally and confirmed in writing Any information or data that is confidential.
The above confidential information does not include any published or other information in the public domain, as well as information that the recipient has obtained through other legal channels at the time of disclosure.
2. The receiving party agrees to use the other party’s confidential information only within the scope of the purpose of this cooperation. And
(1) Take adequate measures to protect the disclosing party’s confidential information, and do not publicly transfer the other party’s confidential information to any third party, nor in other ways make it available to units or organizations that have no right to access the information. Personal exposure to this information.
(2) If you really need to disclose the other party’s confidential information to a third party for the purpose of this cooperation, you must obtain the other party’s written permission in advance and sign a confidentiality agreement with the third party.
(3) Employees who have access to this confidential information should be bound to abide by confidentiality obligations.
(4) If the two parties do not establish a cooperative relationship after discussion, the receiving party cannot use the confidential information of the disclosing party; if the cooperative relationship is terminated, the receiving party shall transfer the confidential information and its confidential information to the disclosing party in accordance with the requirements of the disclosing party. The carrier is returned to the disclosing party.
3. If the receiving party must disclose confidential information in accordance with legal procedures or administrative requirements, the receiving party shall notify the disclosing party in advance and assist the disclosing party in taking 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 the transfer or license of confidential information, and the recipient cannot use this confidential information beyond the purpose of this agreement.
5. This Agreement shall take effect from the date of signature and seal by both parties, and shall be binding on both parties, their affiliated institutions and their successors. If the confidential information becomes public information due to reasons other than the recipient, this agreement will automatically become invalid for that part of the confidential information.
6. This agreement contains all agreements between the parties on this matter. If any previous oral or written agreement or agreement between the parties conflicts with this Agreement, the content of this Agreement shall prevail. Any modification to this Agreement must be in writing and signed by both parties to be effective.
7. If one party violates this agreement, the other party has the right to demand compensation for economic losses and take other necessary remedial measures.
8. Any disputes or controversies related to this agreement shall be resolved through friendly negotiation. If the dispute cannot be resolved through negotiation, either party may submit it to the arbitration committee for arbitration. 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 two copies, with each party holding one copy, and has the same legal effect.
Party A (seal): _________ Party B (seal): _________
Authorized representative (signature): _________ Authorized representative (signature): _________
_________year____month__________year____month____day Business Cooperation Simple Confidentiality Agreement Template 3
Party A: (Client )
Party B: (Assigned Party)
Party A and Party B shall, in accordance with the "Anti-Unfair Competition Law of the People's Republic of China" and relevant national and local regulations, regarding the dispute between Party A and Party B. We conducted friendly negotiations on the confidentiality of commercial secrets in the process of product marketing, advertising services, processing contracting, business expansion, market development and other business cooperation, and reached the following terms:
1. Confidentiality Content and Scope
1. The trade secrets referred to in this agreement refer to technical information and business information that are not known to the public, can bring economic benefits to Party A, are practical and require confidentiality measures to be adopted by Party A. Specifically include: During the cooperation period, Party A provides Party B with all business information required for planning, processing or needs, including but not limited to customer information, financial information, production basis, production status, production materials, product costs, product pricing, Personnel records, employee information, supply information, supplier list, market position information, performance evaluation, sales history, feed channels, test data, process flow, product formula, sales plan and new business promotion plan, production and marketing strategy, financial status, Design, procedures, production processes, production methods, technical data, management know-how, product development and research processes, bidding bases and contents of bid documents, as well as technical and operational management information that has not been officially announced by Party A.
2. Although it does not meet the requirements of a trade secret, the relevant rights and obligations of this Agreement shall also apply to the materials or information that Party A has explicitly requested to keep confidential. The "trade secrets" mentioned in the following clauses shall be understood to include the materials or information referred to in this paragraph and will not be specified separately.
2. Rights and obligations of both parties
1. Party A shall provide all kinds of business information required by Party B for planning, processing and contracting. Any brand resources, business information, intangible assets, intellectual property rights and other related rights formed based on this information or business cooperation belong to Party A exclusively.
2. Party A shall not provide Party B’s planning, design or solutions to other advertising projects or companies.
3. Party B must have a dedicated person responsible for keeping all the information provided by Party A to Party B, and ensure that irrelevant personnel of the company and persons outside the company are not allowed to obtain the above information through various channels.
4. During the cooperation period, Party B shall not accept the entrustment of companies operating similar or similar businesses to Party A to provide marketing planning or services, nor shall Party B engage in the aforementioned business in cooperation or other forms.
5. Within three years after the expiration of the cooperation period, Party B shall not use the commercial secret information of Party A to accept the entrustment of organizations or individuals operating the same business or similar business as Party A to provide similar or similar planning or other services. business.
6. After the cooperation period expires or both parties terminate the contract, Party B shall return all business information to Party A, shall not retain copies without authorization, and shall still maintain confidentiality obligations.
7. In addition to the above obligations, Party B shall abide by Party A’s relevant confidentiality system and the confidentiality obligations stipulated in this agreement, and educate Party B’s employees to abide by the same obligations. Party B shall be jointly and severally liable for any leakage or improper use of trade secrets or any other form of leakage caused by the behavior of Party B’s employees (including official behavior and personal behavior).
8. The contract price that Party A has paid or should pay to Party B in accordance with the main contract (note: indicate the name, number and signing date of the main contract according to the specific circumstances) has been fully considered when determining the price amount. Including the confidentiality obligations that Party B should bear, the price of the main contract already includes the consideration for Party B to perform or assume the obligations of this agreement. Party A does not need to pay additional price to Party B for this agreement, and Party B is not allowed to demand additional price accordingly.
3. Agreement Period
This agreement will take effect from the date of signature by both parties. The validity of the agreement extends to the entire cooperation period between the two parties and the confidentiality and non-competition stipulated in this agreement. period. The business secrets Party B masters during its cooperation with Party A shall not be leaked or used improperly, including after the expiration of this agreement. Party B shall still bear the obligation of confidentiality, otherwise it shall bear corresponding legal liability.
IV. Liability for breach of contract
1. Party B and its staff violate the confidentiality agreement, obtain, illegally hold, steal, leak or infringe Party A’s business in any other form In secret, Party A has the right to unconditionally terminate the relevant business cooperation agreement, and requires Party B to bear the liability for breach of contract and pay a liquidated damages of RMB 10,000. Party B voluntarily waives the right to claim that the liquidated damages are excessive and request the court or arbitration tribunal to make appropriate adjustments.
2. If Party B violates the agreement, illegally holds, steals, leaks or infringes Party A’s business secrets in any other way, causing economic losses to Party A, Party A has the right to require the other party to comply with the above terms depending on the severity of the case. Bear liability for breach of contract and compensate for all losses caused thereby (including losses in intangible assets, market share, available profits, etc.); if the circumstances are serious, you should bear corresponding criminal liability.
3. The illegal possession, leakage, or theft of trade secrets shall not occur until Party B or a third party unrelated to Party B or staff not involved is aware of it, or there are matters with the same or similar confidentiality scope in the market. accurate, regardless of how it is obtained. Party B shall bear the burden of proof to the contrary.
V. Dispute Resolution
1. Disputes arising from this agreement shall be submitted to the jurisdiction of the court where this agreement is signed, and the laws of the People's Republic of China shall be applicable.
2. The breaching party shall bear all expenses incurred by the non-breaching party in asserting its rights, including but not limited to litigation/arbitration costs, attorney fees, travel expenses, investigation and evidence collection costs, etc.
6. Supplementary Provisions
1. This Agreement shall take effect on the date of signature or seal of both parties.
2. This agreement is made in two copies, 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 according to the specific circumstances) and has the same legal effect as the main contract.
4. Others:
Signing place:
Signing time: year, month, day