Confidentiality Agreement

           
                 

It is understood and agreed to that the Discloser in this case (blue mullàn design Lab Ltd.) and the Recipient in this case (Company Name and Contact Person Name ) would like to exchange certain information that may be considered confidential. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree as follows:

                 

1. The confidential information to be disclosed by Discloser under this Agreement (“Confidential Information”) can be described as and includes:

 §  Technical and business information relating to Discloser’s proprietary ideas, patentable ideas copyrights and/or trade, products information, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.

 §     In addition to the above, Confidential Information shall also include, and the Recipient shall have a duty to protect, other confidential and/or sensitive information which is (a) disclosed by Discloser in writing and marked as confidential (or with other similar designation) or in this case (our catalogue and product information) at the time of disclosure; and/or (b) disclosed by Discloser in any other manner and identified as confidential at the time of disclosure and is also summarized and designated as confidential in a written memorandum delivered to Recipient of the disclosure.

                 

2. Recipient shall use the Confidential Information only for the purpose of evaluating potential business and investment relationships with Discloser or for purchase of the products from the discloser.

                 

3. Recipient shall limit disclosure of Confidential Information within its own organization to its directors, officers, partners, members and/or employees having a need to know and shall not disclose Confidential Information to any third party (whether an individual, corporation, or other entity) without the prior written consent of Discloser. Recipient shall have satisfied its obligations under this paragraph if it takes affirmative measures to ensure compliance with these confidentiality obligations by its employees, agents, consultants and others who are permitted access to or use of the Confidential Information.

                 

4. If there is a breach or threatened breach of any provision of this Agreement, it is agreed and understood that Discloser shall have no adequate remedy in money or other damages and accordingly shall be entitled to injunctive relief; provided however, no specification in this Agreement of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of this Agreement. The amount for any penalty in case of breach would need to be considered by disclosure, by seeing the total harm by providing the information to the third party. Therefor the amount will be from case to case different and need to be negotiated and discussed between the discloser and the recipient.

                 

5. The recipient will agree not to using any provided design ideas, business tools, illustration and other design information for his own purposes by copying it through a 3rd party.

                 

6.   Information pointed out in the sales contract, Invoice, copyrights contract issued by discloser of this document or any other correspondence related to the business transaction or purchase of the product, would be a part of this confidential agreement. 

                 

7.  This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information and supersedes any prior agreements, understandings, or representations with respect thereto. Any addition or modification to this Agreement must be made in writing and signed by authorized representatives of both parties. This Agreement is made under and shall be construed according to the laws of the Hong Kong/ where the company blue mullàn design lab LTD has been registered. In the event that this agreement is breach, any and all disputes must be settled in a court of competent jurisdiction in the highest court of Hong Kong.