Marketing Media Interview NDA
MARKETING MEDIA INTERVIEW NDA
This Non-Disclosure Agreement (hereinafter referred to as the "Agreement"), effective as of [Month Day, Year], is made and entered into by and between [Your Company Name], a corporation organized and existing under the laws of the state of [State], with its principal place of business located at [Your Company Address], hereinafter referred to as the "Disclosing Party", and [Interviewee's Name], an individual residing at [Interviewee's Address], hereinafter referred to as the "Receiving Party". Both parties shall collectively be referred to as the "Parties". This Agreement is intended to establish and govern the terms under which certain confidential information will be disclosed between the Parties. The Parties hereby agree to the following terms and conditions set forth herein.
I. Purpose
The Disclosing Party desires to disclose to the Receiving Party certain confidential proprietary information in connection with a marketing media interview, with the understanding that the Receiving Party will maintain the confidentiality of such information.
II. Definition of Confidential Information
For purposes of this Agreement, "Confidential Information" refers to any non-public data, trade secrets, business plans, marketing strategies, customer lists, and any other proprietary information disclosed by the Disclosing Party to the Receiving Party.
III. Obligations of Receiving Party
The Receiving Party agrees:
a. To hold the Confidential Information in strict confidence and to take all reasonable precautions against unauthorized disclosure.
b. Not to reproduce, distribute, or disclose the Confidential Information to any third party without prior written consent from the Disclosing Party.
c. To use the Confidential Information solely for the agreed purpose and not for personal gain or the benefit of third parties.
IV. Exclusions
Confidential Information shall not apply to any information that:
a. Was publicly known at the time of disclosure.
b. Is lawfully received from a third party without any obligation of confidentiality.
c. Is released from confidentiality obligations with the written consent of the
Disclosing Party.
V. Duration
The term of this Agreement shall commence on the effective date specified in the preamble and shall continue in full force and effect for a period of [e.g., three] years from the date of the last disclosure of Confidential Information between the Parties. Notwithstanding the expiration of the term, the obligations set forth in this Agreement regarding the nondisclosure and protection of the Confidential Information shall survive and remain binding on the Receiving Party for such duration as the information remains confidential in nature and is not publicly disclosed, either by the Disclosing Party's actions or due to changes in the applicable industry or market conditions. The Parties acknowledge and agree that any unauthorized disclosure or use of the Confidential Information during or after the expiration of the term could result in substantial harm to the Disclosing Party, and therefore, the Disclosing Party reserves the right to seek any and all remedies available to it under law or equity in the event of such breach.
VI. Return or Destruction of Confidential Information
In the event that the Disclosing Party, at its sole discretion, makes a formal request to the Receiving Party pertaining to the Confidential Information that has been previously shared, the Receiving Party shall promptly and without undue delay take one of the following actions, as specified by the Disclosing Party: (i) return all original documents, materials, data, and any other form of records, including but not limited to copies, reproductions, summaries, notes, and excerpts that contain, reflect, or are derived from the Confidential Information to the Disclosing Party; or (ii) permanently delete, destroy, or otherwise render such Confidential Information irretrievable, ensuring that no copies or remnants of the said information remain accessible or recoverable in any form or medium. Subsequent to taking either of the aforementioned actions, the Receiving Party shall, without fail, provide the Disclosing Party with a written certification, signed by an authorized representative of the Receiving Party, attesting to the fact that all such Confidential Information has been returned or destroyed in accordance with the Disclosing Party's instructions and in full compliance with the provisions of this Agreement.
VII. Governing Law
This Agreement, and any disputes or claims arising out of or in connection with its subject matter or formation, including any non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the state of [State, e.g., California]. The Parties expressly agree to exclude the application of any conflict of laws principles that would direct the application of the laws of another jurisdiction. Furthermore, the Parties consent to the exclusive jurisdiction of the state and federal courts located within [State, e.g., California] for any litigation or dispute arising out of or related to this Agreement, and expressly waive any objections or defenses to such venue based on forum non conveniens or any other basis.
VIII. No Assignment
Neither party may assign any of its rights or obligations under this Agreement without the prior written consent of the other party.
IX. Entire Agreement
This Agreement represents the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between the parties.
X. Amendments
No amendment or modification of this Agreement will be valid unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
[Your Company Name]
By: ________________________________
Name: [Your Name]
Title:
Email: [Your Email]
Phone: [Your Company Number]
[Interviewee's Name]
Signature: ________________________________
Email: [Interviewee's Email]
Phone: [Interviewee's Number]
