Personal Data is being collected for a proposed business engagement with the CINCO CORPORATION.
I hereby represent that all the above answers are true and correct to the best of my knowledge and belief. I further agree and consent to the use of the above personal data for purposes of evaluation and for future use. I recognize CINCO CORPORATION, the Franchisor for Potato Corner, is not in any way obligated to offer a franchise or any business opportunities because of the execution of this document. I understand that any false statement on this application shall be considered sufficient cause to deny further consideration.
I understand that any inquiry regarding my character, personal characteristics and financial background may be conducted as a result of information required by CINCO CORPORATION.
NON DISCLOSURE AGREEMENT
1. The Parties to this agreement are: CINCO CORPORATION and APPLICANT
2. Each of Cinco Corporation and APPLICANT. may disclose (“Discloser”) to the other party (“Recipient”) certain confidential and/or proprietary information about its business, financial condition, operations and/or strategic plans that relates to:
Business transactions of CINCO CORPORATION with APPLICANT
3. The “Confidential Information” will be disclosed by the Discloser.
4.The Recipient hereunder agrees that:
- the Confidential Information will be held in utmost confidence by using the same degree of care, but not less than a reasonable degree of care, as the Recipient uses to protect her own confidential information of like nature;
- He/She will take all steps as may be reasonably necessary to prevent disclosure of the Confidential Information to others;
- He/She will not commercially utilize the Confidential Information without having obtained the written consent therefore from the Discloser;
- upon request, Confidential Information will be returned completely to the Discloser; and
- in the event Recipient is legally required to disclose any portion of the Confidential Information, Recipient shall promptly notify the Discloser so that the Discloser may take steps to protect its Confidential Information.
5. It is agreed that the confidentiality and non-use commitments set forth in paragraph 4 above shall not extend to any portion of Confidential Information which is known to the Recipient at the time of her receipt hereunder; is or becomes generally available to the public through no fault of Recipient; corresponds in substance to that furnished the Recipient by any third party having a bona fide right to do so and no confidential obligation to the Discloser respecting it; or corresponds to that furnished by the Discloser to any third party on a non-confidential basis.
6. The existence of this Agreement shall not obligate the Discloser to disclose any information, confidential or otherwise, that it deems, in its sole discretion, in the best interests of its APPLICANT’s, directors and shareholders, not to disclose hereunder.
7. The parties further agree that, pursuant to this Agreement:
- neither party acquires any license of intellectual property rights of the other;
- neither party has an obligation to purchase any service or item from the other party;
- neither party has an obligation to offer for sale products using or incorporating Confidential Information; and the parties do not intend that any agency or partnership relationship is created.
8. This agreement is effective from the last date inscribed below and shall expire five (5) years after such date.
9. In the event Recipient intends to engage the services of third parties (outside consultants, designers, contractors, or the like) (“Representatives”) to assist in furtherance of the subject matter of this Agreement, the Recipient shall ensure that such third party agrees in writing to be bound by those same obligations toward Confidential Information that are placed upon the Recipient under this agreement.
10. The Recipient agrees to be responsible for any breach of confidentiality by any of its Representatives.
11. This Agreement shall be interpreted and enforced in accordance with the laws of the Philippines (regardless of the choice of law principles of the Philippines or any other jurisdiction).
12. It is agreed by both Parties that there will be no assignment or transfer of this Agreement, nor of any interest in this Agreement, without the prior written consent of both Parties.
*”Confidential Information: may include, by way of example and without limitation, new products, commercial plans, data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, samples, reports, customer lists, pricing information, studies, findings, inventions, and ideas. To the external practical, Confidential Information shall be disclosed in documentary or tangible form marked “Proprietary” or “Confidential”. In case of disclosures in non documentary form made orally or by visual inspection, the Discloser shall have the right, or if requested in writing by the recipient in advance of the disclosure, the obligation to confirm in writing the fact and general nature of each disclosure.