Dealership Confidentiality Agreement
The undersigned has executed a Dealer agreement (“Agreement”) dated 2013-11-17, which is hereafter incorporated by reference as if fully set forth herein. In furtherance of that Agreement, the undersigned agrees that as a condition for [“Dealer”] to continue contracting with Springfield Spin Streak, LLC, a Missouri Limited Liability Company, its subsidiaries, affiliates, successors or assigns (together the “Company”), and in consideration of continued contracting with Spin Streak and receipt of the compensation now and hereafter paid to the Dealer by Spin Streak and Spin Streak’ promise in Section 1(a), the Dealer agrees to the following terms and conditions of this Dealer Non-Compete Agreement Addendum (the “Addendum”):
1. Confidential Information.
(a) Company Information. Spin Streak will make available to the Dealer certain Confidential Information of Spin Streak, previously non-disclosed to him or her, which will enable him or her to optimize the performance of his or her duties to Spin Streak. In exchange, the Dealer agrees to use such Confidential Information solely for Spin Streak’ benefit. Notwithstanding the preceding sentence, the Dealer agrees that upon the expiration or termination of the Agreement, Spin Streak shall have no obligation to provide or otherwise make available to the Dealer any of its Confidential Information. “Confidential Information” means any Company proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, product plans, products, services, customer lists and customers (including, but not limited to, customers of Spin Streak on whom the Dealer called or with whom her or she became acquainted during the term of the contract), markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed to the Dealer by Spin Streak either directly or indirectly in writing, orally or by drawings or observation of parts or equipment. Confidential Information does not include any of the foregoing items which has become publicly known and made generally available through no wrongful act or omission of the Dealer or of others who were under confidentiality obligations as to the item or items involved or improvements or new versions thereof.
(b) Strictest Confidence. The Dealer agrees at all times during the term of engagement pursuant to the Agreement with Spin Streak and thereafter, to hold in strictest confidence, and not to use, except for the exclusive benefit of Spin Streak, or to disclose to any person, firm or corporation without written authorization of Spin Streak, any Confidential Information of Spin Streak.