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RECITALS
You as the Confident acknowledge and agree to the following;
A. CREATE BUSINESS AUSTRALIA will disclose information and business details to the confidant during this contract in order to negotiate processes or services for the company.
B. CREATE BUSINESS AUSTRALIA will disclose to the confidant its intellectual property and / or business system information, CREATE BUSINESS AUSTRALIA and the Confidant have agreed to keep such information confidential and to maintain such confidence on the following terms.
Definitions and Interpretation
In the construction of this agreement, unless the contrary intention appears;
1.1 “CREATE BUSINESS AUSTRALIA” refers to all businesses and companies that CREATE BUSINESS AUSTRALIA or its directors who have a controlling interest or partnership thereof.
1.2 “Confidential Information” means information relating to the history, development, product content, product sales and marketing or any other information relating to CREATE BUSINESS AUSTRALIA’s business including the Refund programs, business document, spreadsheets, search materials, marketing information, accounts, or any other information whether verbal, written or otherwise, passing from CREATE BUSINESS AUSTRALIA to the Confidant, including but not limited to secrets, techniques, source, business and marketing plans, projections, any concepts, designs and plans demonstrated in or disclosed in all dealings between CREATE BUSINESS AUSTRALIA and the Confidant.
2. The confidant covenants to CREATE BUSINESS AUSTRALIA.
(a) That the confidant shall never disclose the Confidential Information or permit it to be disclosed in any way what so ever to any person or corporation whatsoever except with the written consent of CREATE BUSINESS AUSTRALIA and then only on the basis that the confidentiality of the Confidential Information is similarly respected in the same manner as provided in this agreement and in that case, only prior to the Confidant entering into an agreement with another person or corporation.
(b) That the confidant acknowledges that he/she and all of his/her related contractors and entities has no right whether now or any time in the future to utilise, copy, or gain any personal benefit from Create Business Australia’s confidential information or material or similar material whether during the contract period or at any time in future.
(c) That the confidant will not use, share or disclose any Create Business Australia information, and accepts a commercial ‘none compete’, that restrains the confidant from conducting any training/education, coaching or information, or dissimilation of any information relating to the unclaimed money refund sector across the jurisdictions of Australia, New Zealand, The United Kingdom, the USA or Canada for the period of 15 years- additionally after the 15 year period ban under this contract he/she may only disclose information by written agreement from CREATE BUSINESS AUSTRALIA or its Director.
Breach and Indemnification
(a) In the event of a breach of the terms of this agreement by the Confidant, without limiting any other right, claim or action of CREATE BUSINESS AUSTRALIA, the Confidant will indemnify and keep indemnified CREATE BUSINESS AUSTRALIA against all losses, damages, liabilities, costs and expenses of any nature, including sustained or incurred at any time actually or contingently by arising directly or indirectly from any breaches, wrongful use, duplication or disclosure of the Confidential Information contrary to this agreement, that is, for any failure of the Confidant to comply with any provision of this agreement.
The confidant acknowledges and agrees that the Confidential Information is confident and the commercial restriction under contract shall stand for 15 years from the date of this contract.
Obligations shall survive
The obligations of the Confidant under this agreement shall survive at all times the finalisation or discontinuance of the relationship between CREATE BUSINESS AUSTRALIA and the Confidant.
Consultants and employees
5.. The Confidant shall assume full responsibility for the actions of its consultants and employees who have access to the Confidential Information and shall ensure that the consultants and employees shall be similarly bound by the obligation created under this agreement.
Enforceability
If any provision of this agreement should be held to be invalid in any way or unenforceable it shall be severed and the remaining provisions shall not in any way be affected or impaired and this agreement shall be construed so as to most nearly give effect to the intent of the parties as it was originally executed.