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CONFIDENTIALITY AGREEMENT (also referred to as a NDA or Non-disclosure Agreement)


Owner (the "Trademark Applicant") proposes to disclose certain of its confidential and proprietary information (the "Confidential Information") to Recipient (behappystayfrosty.com).

Confidential Information may include all proprietary ideas and inventions, ideas, trade names, trade secrets, drawings and/or illustrations, technology, patent searches, existing and/or contemplated products and services, research and development, production, 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 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 any of its information.

It is understood and agreed to that the below discloser of confidential information may provide certain information that is and must be kept confidential. To ensure the protection of such information, and to preserve any confidentiality necessary under patent and/or trade secret laws, it is agreed that

1. The Confidential Information to be disclosed can be described as and includes:

Invention description(s), technical and business information relating to proprietary ideas and inventions, ideas, trade names, trade secrets, drawings and/or illustrations, technology, patent searches, existing and/or contemplated products and services, research and development, production, 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.

2. The Recipient shall limit disclosure of Confidential Information within its own organization to its directors, officers, partners, members, employees and/or independent contracts (collectively referred to as “affiliates”) having a need to know. The Recipient and affiliates will not disclose the confidential information obtained from the discloser unless required to do so by law. The Recipient may communicate with the Owner when necessary via electronic communications, namely the e-mail address the Owner submits on the online application, or by oral conversation pertaining the respective trademark application information.

3. This Agreement imposes no obligation upon Recipient with respect to any Confidential Information (a) that was in Recipient’s possession before receipt from Discloser; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third party not owing a duty of confidentiality to the Discloser; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of, Discloser; or (e) is independently derived by Recipient.

4. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information. This Agreement commences when the Owner discloses certain of its confidential and proprietary information, namely the Confidential Information, to the Recipient.



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