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Terms of Non-Disclosure Required for Participation in Global Pension Plan
Your Referrer Is:
weberli
Confidentiality Agreement PARTIES: (1) Global Pension Plan. (“the First Party”) of the one part; and (2) You, as potential or current member of Global Pension Plan. ("the Second Party") of the other part. together referred to as “the parties” WHEREAS the parties, for their mutual benefit, may already have exchanged and wish further to exchange certain information of a confidential nature and wish to protect such information in the manner set out in this Agreement NOW IT IS HEREBY AGREED as follows :- 1. Definitions 1.1 “Membership/Business Proposition” shall mean the “Global Pension Plan” “Membership”, including without limitation, the “Internet” upon which the service will be provided. 1.2 “Purpose” shall mean discussions and negotiations with a view to concluding an agreement for the development of the Membership; 1.3 “Confidential Information” shall mean * the identity of the First Party or any of the directors thereof; * the existence of this Agreement and/or the Purpose; * the fact that the First Party has disclosed to the Second Party the Business Proposition; * any information and data disclosed to the Second Party by the First Party whether in writing, orally or in any other form or media concerning the Business Proposition (including without limitation the concept, the business methods and financial statistical and other information concerning the same) and the First Party's recommendations and conclusions and all information and data derived or developed by the Second Party from or embodying any of the forgoing; * any other information or data relating to the Purpose and or the Business Proposition disclosed whether in writing, orally or by any other means to one party (hereinafter referred to as the “receiving party”) by the other party (hereinafter referred to as “the disclosing party”) or by a third party on behalf of the disclosing party, whether before or after the date of this Agreement; * but shall exclude the Excluded Information 1.4“Excluded Information” shall mean such disclosed information or data which: * is in or comes into the public domain in any way without breach of this Agreement by the receiving party provided that such disclosed information shall not be deemed to be generally available to the public by reason only that it is known to only a few of those people to whom it might be of commercial interest, and a combination of two or more portions of the Confidential Information shall not be deemed to be generally available to the public by reason only of each separate portion being so available; or * the receiving party can show :- a)was in its files or computers or other recording media prior to receipt from the disclosing party and was not previously acquired by the receiving party from the disclosing party under an obligation of confidence; or b)to have been developed by or for the receiving party at any time independently of any Confidential Information disclosed to it by the disclosing party; or * the receiving party obtains or has available from a source other than the disclosing party without breach by the receiving party or such source of any obligation of confidentiality or non-use towards the disclosing party; or * is hereafter furnished by the disclosing party to a third party without restriction on disclosure or use; or * is disclosed by the receiving party :- (a) with the prior written approval of the disclosing party; or (b)without such approval, after a period of seven years from the date of receipt thereof; or 2Handling of Confidential Information 2.1The receiving party shall maintain the disclosing party’s Confidential Information in confidence and shall exercise in relation thereto no lesser security measures and degree of care than those which the receiving party applies to its own Confidential
