Confidentiality Agreement 1 Party A:
Legal representative:
Contact telephone number:
Party B:
Gender:
ID number:
Household registration address:
Mailing address:
Contact information:
In view of Party A's employment of Party B and the corresponding remuneration paid by Party B, both parties have reached the following agreement on matters related to keeping Party B's business secrets during Party A's employment and after Party B's resignation, for mutual compliance:
The first secret message
1. Both parties confirm that Party A's inventions, technical secrets or other business secrets arising from the performance of his duties or the main use of Party B's material and technical conditions and business information belong to Party B. Party B can make full use of these inventions, technical secrets or other business secrets to produce, operate or transfer them to a third party within its business scope. Party A shall provide all necessary information and take all necessary actions according to Party B's requirements, including application, registration, registration, etc. To assist Party B in obtaining and exercising relevant intellectual property rights.
2. If Party A claims to own the intellectual property rights of inventions, creations, technical secrets or other business secrets related to Party B's business, it shall promptly declare to Party B. If it is verified by Party B that it is a non-job achievement, Party A shall enjoy the intellectual property rights. Without the explicit authorization of Party A, Party B shall not use these achievements for production and operation, nor transfer them to a third party by itself.
Article 2 Confidentiality of Secret Information
1. During Party B's tenure, Party A must abide by any written or unwritten confidentiality rules and regulations formulated by Party B and perform the confidentiality duties corresponding to its post.
2. If Party B's confidentiality rules and regulations are not specified or clear, Party A shall also take any necessary and reasonable measures to protect any technical secrets or other business secrets that belong to Party B or a third party but Party B promises to keep confidential, so as to maintain its confidentiality.
3. Party B guarantees that it will not disclose such secret information to any other party, including individuals, companies, trading companies and other economic organizations in any way, whether orally or in writing, or through media such as disks and communication networks, without the prior written permission of Party A. ..
Article 3 Illegal use of secret information is prohibited.
Except for the need of performing duties, Party A promises not to let any third party (including other employees of Party B who are not allowed to know secrets according to the confidentiality system) know the technical secrets or other business secrets belonging to Party B or others, and Party B promises to keep them confidential, and shall not use these secret information outside performing duties.
Article 4 Stop using secret information
1. Both parties agree that after Party A leaves his post, no matter what reason Party A leaves his post, he will still bear the same confidentiality obligation and the obligation not to use relevant secret information as during his tenure.
2. During the labor relationship between Party A and Party B and after its termination or dissolution, Party B shall, according to Party A's requirements, return all materials and documents obtained from Party A and Party A's projects and their copies to Party A at any time or destroy them.
Article 5 Duration of confidentiality
1. Both parties agree that the confidentiality period stipulated in this agreement shall be from the date of signing this agreement to one year after the termination or dissolution of the labor relationship between both parties.
2. During the confidentiality period, no matter why Party B resigns from Party A or its affiliated companies, it still has the same confidentiality obligations as during its tenure; Party B acknowledges that Party A and its affiliated companies have considered the confidentiality obligations that Party B needs to undertake after leaving the company, so Party B does not need to pay extra confidentiality fees when leaving the company.
Article 6 Liability for breach of contract
1. If Party B violates the provisions of this agreement, Party B shall compensate Party A for all losses. The scope of compensation includes, but is not limited to, Party A's reputation loss, direct loss, loss of available benefits, as well as investigation expenses, litigation expenses, attorney fees, etc.
2. After Party B breaches the contract, it shall also take all reasonable measures to recover the influence caused by the leakage, and keep secret information as confidential as possible; At the same time, this agreement continues to be valid.
3. Party B's violation of any terms of this agreement shall be regarded as a serious violation of labor discipline and Party A's rules and regulations. Regardless of whether to pay liquidated damages and damages, Party A has the right to terminate the employment relationship with Party A immediately without notice.
Article 7 Validity and Validity of the Agreement
1. This agreement shall come into force as of the date of signature by both parties.
2. Any dispute arising from the performance of this contract shall be settled through friendly negotiation. If negotiation fails, either party has the right to bring a lawsuit to the people's court.
3. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
Party A (seal):
Legal representative:
Party B (signature):
Date of signing:
Confidentiality Agreement 2 Party A: Party B:
Address: ID number:
In view of the fact that Party B has (or will) know Party A's business secrets during his employment in Party A's company and has the opportunity to improve his knowledge, experience and skills, in order to clarify Party B's confidentiality obligations, Party A and Party B sign this confidentiality agreement on the principles of equality, voluntariness, fairness, honesty and credibility.
I. Contents and scope of confidentiality
Party A and Party B confirm that the business secrets of Party A for which Party B has confidentiality obligations include but are not limited to the following contents:
1. Technical information: including but not limited to Party A's technical scheme, computer software, database, operation manual, technical documents, business correspondence involving trade secrets, etc.
2. Business information: including but not limited to Party A's customer list, marketing plan, purchasing materials, pricing policies, undisclosed financial materials, production and marketing strategies, etc.
3. Matters for which Party A undertakes confidentiality obligations according to laws or relevant agreements.
4. Confidential information obtained and exchanged by Party B due to working relationship during the employment period, and all other confidential information related to Party A's affairs.
Second, the obligation of confidentiality.
Party B shall undertake the following obligations for Party A's trade secrets:
1. Do not spy on Party A's business secrets unrelated to work or business;
2. No third party (including employees of Party A) may disclose, acquire, use or plan to use Party A's business secret information.
3. Work diligently for Party A's interests, and shall not organize, plan, organize or participate in any enterprise or activity that is competitive with the company during Party A's tenure; After the termination of the Labor Contract, Party B shall not directly or indirectly induce or help others to induce the employees of Party A who have business secrets to leave Party A's unit; After the termination of the Labor Contract 1 year, Party B shall not form, participate in or be employed by a company or unit that has a competitive relationship with Party A. ..
4. Do not allow or assist any third party to use Party A's business secret information;
5. Don't use or plan to use it for your own benefit;
6. Don't copy or disclose documents, letters, originals, copies, disks, CDs, etc. Contains the business secrets of Party A;
7. The documents of the relevant units kept or contacted by work shall be properly kept and shall not be used beyond the scope of work without authorization. If it is found that the trade secret is leaked or leaked due to its own fault, it shall take effective measures to prevent the leakage from further expanding and report to Party A in time;
Third, the confidentiality period.
Party A and Party B confirm that Party B's confidentiality obligation starts from the date when Party A seals it and Party B signs it, and ends when the above business secrets are made public or known to the public. Party B's confidentiality obligation is not exempted due to the dissolution of the labor contract!
Fourth, the liability for breach of contract
Party A and Party B agree that if Party B violates the above obligations and damages the interests of Party A, it shall be liable for breach of contract in the following ways:
1. If Party B violates the contract stipulated in the preceding paragraph and causes losses to Party A, Party B shall be liable for compensation (if Party B has paid the liquidated damages, it shall be deducted). The specific compensation standards for losses are as follows:
(1) The amount of loss compensation is the actual economic loss suffered by Party A due to Party B's breach of contract, including the expenses invested by Party A for developing and cultivating relevant trade secrets, the reduced sales of Party A's products due to Party B's breach of contract, and the reduced profits obtained by relying on trade secrets.
(2) If it is difficult to calculate according to the calculation method in (1), the compensation loss shall be all the profits obtained by Party B due to the breach of contract.
(3) The reasonable expenses paid by Party A for investigating Party B's breach of contract shall be borne by Party B;
(4) Party B's breach of contract infringes on Party A's right to trade secrets. Party A may choose to require Party B to bear the liability for breach of contract according to Article of this Agreement, or may require Party B to bear the tort liability according to national laws and regulations.
2. If Party B seriously infringes Party A's business secrets and causes serious losses to Party A, Party A may choose to hand them over to judicial organs for handling according to the relevant provisions of China laws.
Verb (abbreviation of verb) special provisions
Party B shall not engage in any illegal activities in the name of the company. If found, Party B shall bear all consequences!
Six, the solution to the dispute
Any dispute arising from the execution of this Agreement may be settled through negotiation by both parties or mediated by a third party recognized by both parties. If one party is unwilling to negotiate or mediate, or negotiation or mediation fails, it may bring a lawsuit to the local people's court.
7. This agreement is made in duplicate, one for each party. This agreement shall come into effect as of the date of signature by both parties.
Party A (seal): Party B (signature):
Contact telephone number:
Date: Year Month Day Date: Year Month Day
Address: Address:
Article 3 of the confidentiality agreement Contract number:
Contract signing place:
Party A (Employer):
Legal representative:
Party B (laborer):
ID number:
According to the Labor Contract Law of People's Republic of China (PRC), the Anti-Unfair Competition Law of People's Republic of China (PRC) and other relevant regulations, Party A and Party B have reached the following agreement on non-competition based on the principles of equality, voluntariness, consensus and good faith:
Article 1 Competitive business
1, competitive business refers to:
(1) The business that the company or its affiliated companies are engaged in or plan to engage in;
(2) Other businesses that are the same as, similar to or competitive with those operated by the Company or its affiliated companies.
2. Term: refers to the term of Party B's work in Party A and the years after the termination of this term.
3. The non-competition area refers to the geographical scope where Party A or its affiliated enterprises engage in or intend to engage in their respective businesses.
Article 2 Obligations of Party B
1. When signing this agreement with Party A, it is not bound by the non-competition agreement of the original unit;
2. Without the consent of Party A, Party B shall not run the same enterprise as Party A by itself or for others during the employment period;
3. No matter why he leaves Party A, within _ _ years after leaving Party A, Party B shall not work in any other company that produces the same products and has a competitive relationship with Party A, engage in the business of products that have a competitive relationship with Party A, engage in the business of the same or similar customers with Party A, or engage in the business of the same or similar projects with Party A;
4. Party B shall not rob Party A's customers before leaving the company;
5. Party B shall not induce other employees who know Party A's business secrets to leave after they leave.
Article 3 Obligations of Party A
Party A shall pay a certain amount of non-competition compensation to Party B according to the non-competition period from the expiration of the contract performance period agreed in the labor contract between both parties or the day after leaving the company. The amount of annual economic compensation is _ _ _% of Party B's salary income in the year before leaving Party A's unit; Calculation of average monthly salary for less than one year. The compensation fee shall be paid quarterly and paid by Party A to the bank card designated by Party B through the bank. If Party B refuses to collect the compensation, Party A may deposit the compensation fee with the relevant parties.
Article 4 Remedies for Breach of Contract
1. If Party B's breach of contract does not cause losses to Party A or the losses are less than the total amount of liquidated damages calculated in this article, the standard for Party B to pay liquidated damages is: _ _ _ _ _ _ _ times of the total amount of compensation payable by Party A to Party B according to the calculation method of non-competition compensation agreed in this agreement, including but not limited to economic losses such as attorney's fees, legal fees, evaluation fees and investigation and evidence collection fees paid by Party A for investigating, handling and correcting Party B's non-competition behavior;
2. If the losses caused to Party A by Party B's breach of contract are greater than the total amount of liquidated damages, Party B's compensation standard: the liquidated damages are calculated according to the amount calculated in this agreement plus the profits of Party B or a third party/the direct and indirect losses of Party A;
3. If Party B violates the relevant provisions of this agreement on non-competition, it shall immediately stop the breach and continue to perform this agreement.
Article 5 Dispute settlement
Disputes arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, a lawsuit may be brought to the people's court of the place where the contract is signed according to law.
Article 6 Others
1. This Agreement shall come into effect after being signed and sealed by the legal representatives or authorized representatives of both parties. This agreement is made in duplicate, with the same legal effect, and each party holds one copy;
2. For matters not covered in this agreement, both parties may sign a supplementary agreement, which has the same legal effect as this agreement. Changes to this Agreement shall be made in writing.
Party A:
date month year
Party B:
date month year
Article 4 of the Confidentiality Agreement Party A:
Domicile:
Legal representative:
Contact telephone number:
Party B:
Contact telephone number:
ID number:
Home address:
Emergency contact:
Contact telephone number:
In view of the fact that the business secrets formed by Party A in its production and business activities are the crystallization of its own labor achievements, which belong to intangible assets and legitimate rights and interests, Party B, as an employee of Party A, shall fulfill the obligation of confidentiality and promise not to undertake the non-competition obligations of other companies. Therefore, through friendly negotiation, Party A and Party B reach an agreement on Party B's keeping Party A's business secrets, and hereby enter into this agreement with the following terms:
1. Party B has the obligation to keep Party A's business secrets. ..
(1) Party A and Party B agree and confirm that Party A's business secrets refer to all commercial information and technical information provided by Party A or known by Party B during his tenure, or developed and completed by Party B to perform his duties or complete the tasks assigned by Party A, or related to Party A's business operation, which is not known to the public. Including but not limited to the following categories:
1. Articles of association, organization and management structure chart, various management systems, various documents issued by Party A, personnel appointment, salary system, assessment system, files of important members of Party A, contract agreements, important reports and explanations, minutes of important meetings, important customer information, important external correspondence, annual business statements (including business statistics and financial statements) and various systems.
2. Product design materials, data and drawings, empirical formulas, experimental data, computer software and its algorithm, design, etc. Owned by Party A and being formed or developed.
3. Party A's existing and developing business project information or materials.
4. Party A's existing business rules and methods, such as management methods, pricing methods, sales and procurement methods and quality management methods, which are being formed or developed.
5. Party A's existing and developing business plans, product development plans, financial status, internal business procedures and the list of suppliers, distributors and customers.
6. Party A's business secrets or all other business and technical information that Party A needs to keep confidential according to relevant laws and regulations or relevant contracts/agreements.
7. All kinds of information specified in any written or unwritten confidentiality rules and regulations or hard rules formulated by Party A according to law, salary of myself and others, and all information and materials that may affect Party A's business/competitive advantage.
(II) Duration of confidentiality: Unless otherwise agreed in this Agreement, Party B shall not disclose or use Party A's business secrets to any third party in any form or for any purpose without Party A's written consent during his employment and within _ _ _ _ _ years after his resignation, except for acting for Party A's interests ... At the same time, Party B shall also take all necessary and reasonable measures to protect business secrets and safeguard Party A's legitimate rights and interests. ..
2. Party B shall abide by the following terms, otherwise it will constitute an infringement of Party A's business secrets.
1. Party B shall not disclose Party A's business secrets to any third party or use them for any purpose unrelated to the performance of the work (except that communication is required for normal work).
2. Without the consent of Party A, Party B shall not spread Party A's business secrets in any way.
3. Without the consent of Party A, Party B shall not take out the materials, documents, computer floppy disks, hard disks, optical disks, audio tapes, video tapes and their duplicates containing Party A's business secrets without permission.
4. Without the consent of Party A, Party B shall not expand the dissemination scope of confidential information without authorization, and it is strictly prohibited to extract, copy and duplicate confidential information without permission.
5. Party B shall not use Party A's business secrets to engage in activities for personal gain, and Party B shall ensure that its relatives shall not use Party A's business secrets to engage in activities for personal gain.
6. After the dissolution or termination of the labor contract, Party B shall not obtain the services of other employers that are competitive with Party A in producing or operating similar products and engaging in similar businesses, nor shall Party B start its own business to produce or operate similar products and engage in similar businesses.
3. During the performance of the agreement or after the expiration of the agreement, Party B shall not commit any acts that infringe on Party A's business secrets, that is, Party B's confidentiality obligation shall not be lifted before the relevant business secrets become public information, regardless of whether the agreement with Party A expires or not. If Party B violates the provisions of this agreement, Party B shall compensate Party A for all losses. The scope of compensation includes, but is not limited to, Party A's reputation loss, direct loss, loss of available benefits, as well as investigation expenses, litigation expenses, attorney fees, etc.
Four. any other business
1. Party B agrees and confirms that when Party A hires Party B, it has clearly informed Party B of the confidentiality obligations it needs to undertake during the employment period and after leaving the company. Party B confirms that Party A has merged the confidentiality compensation fee with the labor remuneration and paid it monthly in the form of salary, so Party A does not need to pay additional confidentiality compensation fee to Party B when Party B leaves his post.
2. Party A and Party B agree and confirm that the proprietary technology, production process, technical secrets, product plans, activity planning and other business secret information generated by Party B during his employment in Party A are all job works, and the intellectual property rights or ownership of the job works belong to Party A. Party A promises to give Party B corresponding compensation or rewards according to law after obtaining the above rights.
3. In the absence of or unclear provisions in this Agreement, Party B shall also prudently and honestly take any necessary and reasonable measures to protect any business secrets belonging to Party A or other business information and materials that may affect Party A's competitive advantage during his tenure. For the sake of secrecy.
4. All documents, materials, charts, notes, reports, letters, faxes, tapes, disks, documents and other forms of carriers held or kept by Party B during the employment period, regardless of whether these secret information has commercial value, belong to Party A.. When Party B leaves his post, he must return it to Party A in full and on time.
5. Party A and Party B confirm that when signing this agreement, they have carefully read all the contents under this agreement and accurately understood the legal meaning of the contents under this agreement.
6. All disputes arising from the conclusion and performance of this agreement or related to this agreement shall be under the jurisdiction of the people's court where Party A is located.
5. This Agreement shall be made in duplicate, one for each party, and shall come into force after being signed (sealed).
Party A (official seal):
Legal representative (signature):
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (signature):
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _