Non Disclosure Agreement - NDA

Boatshed.com Confidentiality Agreement

If you would like this to be sent for online signing electronically then please email support@boatshedsupport.com with all of the details of you new agent and this will be processed.

I the Recipient understand that the above information will be treated in the strictest of confidence and will only be used by Boatshed.  I also agree to abide by the conditions of this Confidentiality Agreement.

1. Non Disclosure

Boatshed Inc, it its own behalf and on behalf of its associated and affiliated companies and businesses (the “owner”), and the Recipient intend to discuss a business relationship between themselves concerning the Recipient’s potential appointment by the Owner as a Licensee of its services.  products and intellectual property for the purposes of selling yachts and motorboats  and other products and services, as part of the Boatshed.com brand.  This will involved the Owner making known to the Recipient its proprietary information and business affairs.  But for such discussions, this information, accompanying explanations and material provided by the Owner would remain confidential and be unavailable, or unavailable in meaningful detail to the Recipient.  That being the case, the Recipient agrees to proceed upon the terms hereof in consideration of the Owner making available to it such information.

2.  Confidential Information

The Owner proposes to disclose certain of its confidential and proprietary information and working practices (the “Confidential Information”) to Recipient.  Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, business plans, financial information, methods and other information disclosed or submitted, orally, in writing, or by any other media, to Recipient by Owner.  Nothing herein shall require Owner to disclose this information.

3.  Recipients Obligations

A.   Recipient agrees that the Confidential Information is to be considered confidential and proprietary to Owner and Recipient shall hold the same in confidence, shall not use the Confidential Information other than solely for the purposes of its business with Owner, and shall disclose it only to its officers, directors, or employees with a specific, legitimate, need to know.  Recipient will not disclose, publish or otherwise reveal any of the Confidential Information received from Owner to any other party whatsoever except  with the specific written authorisation of Owner.

B.  Confidential Information furnished in tangible form shall not be duplicated by Recipient except for the purposes of this Agreement.  Upon the request of Owner, Recipient shall return all Confidential Information received in written or tangible form, including copies, or reproductions or other media containing such Confidential Information, within ten (10) days of such request.  At Recipient’s option, any documents or other media developed by the Recipient containing Confidential Information may be destroyed by Recipient.  Recipient shall provide a written certificate to Owner confirming destruction within ten (10) days thereafter.

4.  Term

The obligations of Recipient in clause 3 hereof shall be effective for 5 years from the date Owner last discloses any Confidential Information to Recipient pursuant to this Agreement.  Further, the obligation, not to disclose shall not be affected by bankruptcy, or by the Recipient as a debtor-in-possession or the equivalent of any of the foregoing under local law.

5.  Non Compete

In consideration of the Owner providing Confidential Information to the Recipient and making known to the Recipient any of the Owner’s business affairs and arrangements for marketing and selling yachts, motorboats and other products online through a network of franchise offices, the Recipient agrees and undertakes for a period of 18 months not to develop or establish any business , itself or with or in connection with a third party, whatsoever, which would in any way compete with the Owners business.  The Recipient acknowledges that this restriction and term is reasonable to protect the Owner’s business interests developed over many years and are in addition to the obligations in clause 3 hereof.

6.  No Licence

Nothing contained herein shall be construed as granting or conferring any rights by licence or otherwise in any Confidential Information.  It is understood and agreed that neither party solicits any change in the organisation, business practice, service or products of the other party, and that the disclosure of Confidential Information shall not be construed as evidencing any intent by a party to purchase any products or services of the other party nor as an encouragement to expend funds in development or research efforts.  Confidential Information may pertain to prospective or unannounced products.

7.  No Publicity

Recipient agrees not to disclose its participation in this undertaking, the existence or terms and conditions of the AGreement, or the fact that discussions are being held with Owner.

8.  Governing Law and Jurisdiction

This agreement is subject to English Law.  Any dispute ensuing hereunder shall be referred to the jurisdiction of the English Courts, or the Owner may refer a dispute concerning enforcement of the Owner’s rights hereunder to the courts in the country where the Recipient resides is incorporated or carries on business.

9.  Final Agreement

This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof.  This Agreement may be modified only by a further writing that is duly executed by both parties.

Please sign off this agreement below and send it to business@boatshed.com