Antonio Moura Santos Contractual Forums - Examples Included

Antonio Moura Santos - What does Confidential Information Include? 

I. CONFIDENTIAL INFORMATION. The term "Confidential Information" means any information or material which is proprietary to the Owner, whether or not owned or developed by the Owner, which is not generally known other than by the Owner, and which the Recipient may obtain through any direct or indirect contact with the Owner.

 

A. "Confidential Information" includes without limitation:

 

- professional network & contacts

- business records and plans

- technical information

- products

- product design information

- pricing structure

- discounts

- costs

- computer programs and listings

and other proprietary information.

 

B. "Confidential Information" does not include:

 

- matters of public knowledge that result from disclosure by the Owner;

- information rightfully received by the Recipient from a third party without a duty of confidentiality;

- information independently developed by the Recipient;

- information disclosed by operation of law;

- information disclosed by the Recipient with the prior written consent of the Owner;

and any other information that both parties agree in writing is not confidential. 

Please feel free to consult with the Antonio Moura Santos staff if you have any additional questions regarding this form of contract. 

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Antonio Moura Santos - Non Compete Agreement & Sole Ownership

Antonio Moura Santos - Sole Ownership & Non Compete Agreement

Antionio Moura Santos is about to release a new online e-book that will be made available via Amazon.  While there is much anticipation for the book, we would like to provide a couple of examples.  

Below you will find a draft of a NDA contract.  Notice how it protects the interest of the person owning the intellectual property.  As a marketer, this is very important.

1.      Sole Ownership and Non Compete

2.2   All existing and new intellectual property related to the Company's product, generated with, through or by the Recipient will be the sole property of the Company.

2.3   The Recipient hereby agrees that he/she shall not compete, directly or indirectly, with the business of the Company. In this context, the Recipient hereby agrees that he/she shall not, directly or indirectly, sell, distribute, offer to sell, supply or market any of the products of the Company, either currently manufactured or planned by the Company. 

2.      Term

Recipient's obligation to protect Confidential Information, as defined above, shall survive the relationship between the parties and any termination thereof of their relationship with no time limitations thereafter.  To be clear, all methods/techniques/communities/software/services/networking and corporate clients that are exposed to the Recipient are never to be used, duplicated, sold, etc., even after termination of relationship unless prior written permission or limited license approval is given.

3.      Delivery of Information.

Recipient agree to deliver, within seven (7) days of any request from Company to deliver to Company all materials of any nature that are in Recipient possession or control and that constitute or contain Confidential Information that was disclosed to Recipient by Company or third parties or that are otherwise the property of Company or of any Company vendor, licensor, contractor, or client, including, but not limited to, writings, designs, documents, records, data, memoranda, tapes and disks containing software, client info, computer source code listings, routines, file layouts, record layouts, system design information, models, manuals, documentation, and notes and/or anything relative to the relationship.

Antonio Moura Santos - Sole Ownership & Non Compete Agreement

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There are many strategies to creating a contractual agreement with clients.  Antonio Moura Santos offers free contract forms and examples.

Below Antonio Moura Santos has written out 5 clear examples of legal information that should be in any contractual agreement.

1.      License and Future Agreements.

Nothing in this Agreement shall be construed as granting Recipient a license or any other right in respect of the Confidential Information and all rights to the Confidential Information which belong to Company.  Furthermore, nothing in this Agreement shall be construed as obligating Company to enter into any future agreements with Recipient.

2.      Upon the first request of Company, the Recipient shall promptly return to Company all Confidential Information, including any copies thereof which were, at any time, in the possession of the Recipient, and all materials (in any medium), which contain or embody Confidential Information.

3.      Breach. 

Recipient hereby acknowledges that a breach by either party of this Agreement may not be adequately compensated by monetary damages. Accordingly, in the event of such a breach, Recipient recognize and agree that Company shall have the immediate right to secure a preliminary and/or permanent order from any competent court enjoining such breach. This undertaking shall be enforceable without prejudice to any other rights available under law or under this Agreement.

4.      This Agreement shall become effective upon the date of execution hereof as set forth below.

5.      This Agreement may not be modified except by a duly authorized representative of each party hereto.

 

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