Marketing Partner Program NDA
Marketing Partner Program NDA
This Non-Disclosure Agreement (the "Agreement") is entered into on Effective Date: October 12, 2055 between:
[Your Company Name], with its principal place of business at [Your Company Address], hereinafter referred to as the "Disclosing Party"
AND;
[Partner Name], with its principal place of business at [Partner Address] hereinafter referred to as the "Receiving Party"
I. Purpose
The primary purpose of this Agreement is to facilitate discussions and exchanges of confidential and proprietary information relevant to their marketing partner program (the "Purpose"). This program, detailed below, encompasses a collaborative effort between the parties to achieve specific marketing objectives:
A. Program Description
The marketing partner program is designed to leverage the expertise and resources of both the Disclosing Party and the Receiving Party to achieve mutual business growth and success. It includes, but is not limited to, strategies for joint marketing campaigns, co-branded initiatives, customer outreach, and the sharing of market insights and data.
B. Target Audience
The program is tailored to engage a specific target audience, defined in terms of demographics, industry sectors, or market segments, and aims to capture their interest, convert leads, and enhance brand visibility.
II. Confidential Information
The term "Confidential Information" encompasses any data, information, or materials relevant to the Purpose, which are not publicly known and are treated as confidential by the Disclosing Party.
III. Non-Disclosure Obligations
A. The Receiving Party acknowledges the responsibility to uphold the confidentiality of all Confidential Information received from the Disclosing Party.
B. The Receiving Party shall not disclose, share, or utilize the Confidential Information for any purpose beyond the Purpose without obtaining prior written consent from the Disclosing Party.
IV. Exceptions
This NDA does not apply to information that is:
A. Already within the knowledge of the Receiving Party without a preexisting duty of confidentiality.
B. Publicly available or becomes part of public knowledge without any breach on the part of the Receiving Party.
C. Received from a third party not bound by a similar NDA.
D. Independently developed by the Receiving Party without reference to the Confidential Information.
V. Return or Destruction of Information
Upon request or at the conclusion of the marketing partnership or program, it is imperative that the Receiving Party complies with the secure handling of Confidential Information. The following procedures shall be followed:
A. The Receiving Party shall promptly, upon the request of the Disclosing Party or upon the termination of the marketing partnership or program, return all physical and electronic copies of Confidential Information to the Disclosing Party.
B. In the event that the Confidential Information is destroyed, the Receiving Party shall provide a written certification of such destruction, including details of when, where, and how the destruction was carried out.
C. The Receiving Party shall take all necessary precautions to ensure that no copies or remnants of Confidential Information are inadvertently retained, and that it is entirely removed from the Receiving Party's records and systems.
VI. Legal Remedies
Both parties acknowledge that a breach of this NDA can result in substantial and irreparable harm to the Disclosing Party. To protect the interests and rights of the Disclosing Party, the following legal remedies shall be available in the event of such a breach:
A. In the event of an actual or threatened breach of this Agreement, the Disclosing Party shall have the right to seek injunctive relief, either through a temporary restraining order, a preliminary injunction, or a permanent injunction, as deemed necessary, without the necessity of posting a bond or proving actual damages.
B. The Receiving Party acknowledges that monetary damages may not fully compensate the Disclosing Party for the harm caused by the breach. Therefore, the Disclosing Party shall have the right to seek monetary damages, including but not limited to actual damages, consequential damages, and any other losses incurred as a result of the breach.
VII. Governing Law
This NDA is governed by the laws of the State of California, and any disputes arising from it shall be resolved in the appropriate courts situated in [State].
VIII. Entire Agreement
This NDA represents the comprehensive and exclusive agreement between the parties, superseding any prior agreements or understandings.
Signatures:
This Agreement is executed on the Effective Date.
Disclosing Party
[Your Name]
[Your Title]
[Month Day, Year]
Receiving Party
[Partner Representative Name]
[Partner Representative Title]
[Month Day, Year]
