Ben-Used Electronics
1730 S Florida Ave Lakeland, FL 33803
863-332-3043
benusedelectronics.com
Benjamin Ussery
9/11/15
Statement of Confidentiality
This Nondisclosure Agreement (the “Agreement”) is entered into by and between
(“Disclosing Party”) and ___________________(“Receiving Party”) for the purpose of
preventing the unauthorized disclosure of Confidential Information as defined below. The parties
agree to enter into a confidential relationship with respect to the disclosure of certain proprietary
and confidential information (“Confidential Information”).
Definition of Confidential Information. For purposes of this Agreement, “Confidential
Information” shall include all information or material that has or could have commercial value
or other utility in the business in which Disclosing Party is engaged. If Confidential
Information is in written form, the Disclosing Party shall label or stamp the materials with the
word “Confidential” or some similar warning. If Confidential Information is transmitted orally,
the Disclosing Party shall promptly provide a writing indicating that such oral communication
constituted Confidential Information. Exclusions from Confidential Information. Receiving
Party’s obligations under this Agreement do not extend to information that is: (a) publicly known
at the time of disclosure or subsequently becomes publicly known through no fault of the
Receiving Party; (b) discovered or created by the Receiving Party before disclosure by
Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from
the Disclosing Party or Disclosing Party’s representatives; or (d) is disclosed by Receiving Party
with Disclosing Party’s prior written approval. Obligations of Receiving Party. Receiving Party
shall hold and maintain the Confidential Information in strictest confidence for the sole and
exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to
Confidential Information to employees, contractors and third parties as is reasonably required
and shall require those persons to sign nondisclosure restrictions at least as protective as those in
this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use
for Receiving Party’s own benefit, publish, copy, or otherwise disclose to others, or permit the
use by others for their benefit or to the detriment of Disclosing Party, any Confidential
Information. Receiving Party shall return to Disclosing Party any and all records, notes, and
other written, printed, or tangible materials in its possession pertaining to Confidential
Information immediately if Disclosing Party requests it in writing.
Time Periods. The nondisclosure provisions of this Agreement shall survive the termination
of this Agreement and Receiving Party’s duty to hold Confidential Information in confidence
shall remain in effect until the Confidential Information no longer qualifies as a trade secret
or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from
this Agreement, whichever occurs first. Relationships. Nothing contained in this Agreement shall
be deemed to constitute either party a partner, joint venturer or employee of the other party for
any purpose. Severability. If a court finds any provision of this Agreement invalid or
unenforceable, the remainder of this Agreement shall be interpreted so as best to affect the intent
of the parties. Integration. This Agreement expresses the complete understanding of the parties
with respect to the subject matter and supersedes all prior proposals, agreements, representations
and understandings. This Agreement may not be amended except in a writing signed by
both parties. Waiver. The failure to exercise any right provided in this Agreement shall not be a
waiver of prior or subsequent rights.
This Agreement and each party’s obligations shall be binding on the representatives, assigns and
successors of such party. Each party has signed this Agreement through its authorized
representative.
_______________________________ (Signature)
