Confidentiality, Non-Disclosure, and Non-Solicitation Agreement
0724670 B.C. Ltd. DBA “Hire a Santa” (the “Company”) is considering the Applicant as a possible future contractor, and as a result, may disclose certain information during discussions with the Applicant to determine and evaluate the Applicant’s skills and suitability for the role of a Santa. In consideration of the Company’s willingness to discuss potential future opportunities, the Applicant agrees as follows:
- In this Agreement, “Confidential Information” means any information related to the company’s clients, malls, suppliers, agents, marketing processes, other contractors, pricing, booking/hiring process, booking requests, marketing materials and any other –non-public proprietary information and materials relating to the Company, whether directly or indirectly disclosed to the Applicant by the Company.
- Confidential Information shall not include information that: (i) the Applicant can show at the time of disclosure is generally available to the public other than through a breach of this agreement; or (ii) is required to be disclosed by a subpoena or by an order of a court of competent jurisdiction.
- Applicant shall at all times keep the Confidential Information confidential and will not make use of it or disclose of it to any third party. Nothing in this Agreement shall be construed as granting any license or other right to the Applicant to use, disseminate or disclose the Confidential Information.
- Applicant expressly agrees that it shall not use the Confidential Information to solicit any clients, malls, suppliers, agents or other contractors of the Company.
- The obligations in this Agreement shall survive in perpetuity whether or not the Company enters into any form of contract agreement with the Applicant.
- Applicant acknowledges and agrees that any breach or threatened breach of the provisions of this Agreement will cause harm to the Company, including irreparable harm that cannot be compensated for by an award of monetary damages such that the Company shall be entitled to relief including, but not limited to, specific performance and injunctive relief.
- This Agreement is governed by the laws of the Province of British Columbia.