[Boutique] employee confidentiality agreement

Article 1: Employee Confidentiality Agreement

Party A: _________

Party B: _________

In view of Party A’s employment in Party B and the corresponding remuneration paid by Party B, the parties shall, in respect of Party A’s matters relating to the protection of Party B’s trade secrets during the term of office and after resignation, shall comply with the following provisions:

Article 1 Both parties confirm that the intellectual property rights of Party A are enjoyed by Party B during the period of Party B's employment, or the use of Party B's material and technical conditions, business information, etc., resulting in inventions, technical secrets or other trade secrets. Party B may fully and freely use these inventions, technical secrets or other trade secrets in its business to carry out production, operation or transfer to third parties. Party A shall, at the request of Party B, provide all necessary information and take all necessary actions, including application, registration, registration, etc., to assist Party B in obtaining and exercising the relevant intellectual property rights.

The above-mentioned inventions, technical secrets and other trade secrets, the relevant intellectual rights such as invention rights and authorship rights shall be enjoyed by Party A as the inventor, creator or developer. Party B respects Party A’s moral rights and assists Party A in exercising these rights. .

Article 2 If Party A claims to have intellectual property rights by Party B during the period of Party B's employment, Party A shall promptly declare to Party B that it has intellectual property rights. If Party B verifies that it is indeed a non-job result, Party A shall enjoy the intellectual property rights, and Party B shall not use these results for production or operation without the express authorization of Party A, nor shall it transfer to third parties on its own.

If Party A does not declare it, it is presumed that it belongs to the job results, and Party B can use these results to produce, operate or transfer to a third party. Party A shall not require Party B to assume any financial responsibility, even if it proves to be a non-job result in the future.

After Party A declares that Party B has objections to the ownership of the results, it can be resolved through negotiation; if the negotiation fails, it will be settled through arbitration by the _________ Arbitration Commission.

Article 3 Party A shall abide by any written or unwritten confidentiality rules and regulations stipulated by Party B during the term of office of Party B, and perform the duties of confidentiality corresponding to their jobs.

If Party B's confidentiality rules and regulations are not stipulated or the requirements are unclear, Party A shall, in a cautious and honest manner, take any necessary and reasonable measures to maintain any Party B that knows or holds during its term of office or Technical secrets or other trade secret information belonging to a third party but promised to be confidential, to maintain its confidentiality.

Article 4 In addition to the need to perform his duties, Party A undertakes not to disclose, publish, publish, publish, transfer, transfer or otherwise cause any third party to know Party B or belong to others without Party B's consent. Technical secrets or other trade secret information that promises confidentiality obligations, and may not be used in addition to performing duties.

Article 5 The two parties agree that after Party A's resignation, Party A shall remain in the same period of confidentiality as other technical secrets and other trade secret information that Party B or third party party has promised to maintain confidentiality during its term of office. Obligation and inadvertent use of confidential information, regardless of the reason for Party A to leave.

The time limit for the confidentiality obligation of Party A after leaving the company is _________ years from the date of resignation.

Party A recognizes that Party B has considered the confidentiality obligation that Party A needs to bear after leaving the company when paying Party A's salary. Therefore, it is not necessary to pay the confidentiality fee when Party A leaves the company.

Article 6 Party A undertakes that, in the performance of its duties for Party B, it shall not use any technical secrets or other trade secrets belonging to others, or arbitrarily implement acts that may infringe on the intellectual property rights of others.

If Party A violates the above commitments and causes Party B to be accused of third party infringement, Party A shall bear all the expenses paid by Party B for responding to the lawsuit; if Party B is liable for infringement compensation, it shall have the right to recover from Party A. The above-mentioned responding fees and infringement compensation can be deducted from Party A’s salary.

Article 7 When Party A performs its duties, in accordance with the explicit requirements of Party B or in order to complete the specific tasks assigned by Party B, it will inevitably lead to the infringement of the intellectual property rights of others. If Party B is subject to third-party allegations of infringement, the costs of responding to the lawsuit and the infringement compensation shall not be Party A undertakes or partially undertakes.

Article 8 Party A undertakes that during its term of office, Party B shall not hold any position, including but not limited to shareholders, in other enterprises, institutions or social organizations that produce or operate similar products or provide similar services without Party B's prior consent. , partners, directors, supervisors, managers, agents, consultants, etc.

Article 9 All files, materials, charts, notes, reports, letters, faxes, tapes, disks, instruments and any other forms of carrier that are held or kept by Party A for the purpose of their duties, which record the secret information of Party B, All are owned by Party B, regardless of whether the secret information has commercial value.

If the carrier that records the secret information is provided by Party A, it is deemed that Party A has agreed to transfer the ownership of these carriers to Party B. Party B shall, when Party A returns these carriers, give Party A economic compensation equivalent to the value of the carrier itself.

Article 10 Party A shall return all property belonging to Party B at the time of resignation or upon the request of Party B, including all carriers that record the secret information of Party B.

However, when the bearer that records the secret information is provided by Party A, and the secret information can be removed or copied from the carrier, Party B can copy the secret information to other carriers that Party B has ownership, and put the original carrier on the original carrier. Secret information is eliminated. In this case, Party A does not need to return the carrier, and Party B does not need to give Party A financial compensation.

Article 11 The technical secrets mentioned in this contract include but are not limited to: technical solutions, engineering design, circuit design, manufacturing methods, formulations, process flow, technical indicators, computer software, database, research and development records, technical reports, Test reports, experimental data, test results, drawings, samples, prototypes, models, molds, operating manuals, technical documentation, related correspondence, and more.

Other trade secrets mentioned in this contract include, but are not limited to, customer lists, marketing plans, procurement materials, pricing policies, financial information, purchase channels, and so on.

Article 12 The period of employment referred to in this contract shall be marked by Party A's receipt of wages from Party B, and the period of work represented by the wage shall be the period of employment.

The term "resignation" as used in this contract shall be subject to the time when either party expressly dismisss or resigns from the employment relationship.

Party A’s refusal to receive wages and stop performing his duties is considered a resignation.

Article 13 Any dispute arising from this contract shall be submitted to the _________ Arbitration Commission for arbitration if the negotiation fails.

Article 14 If Party A violates any of the provisions of this contract, Party A shall pay Party B a penalty of _________ times of its annual income at one time; Party B shall have the right to immediately terminate Party A’s without prior notice, regardless of whether the liquidated damages are paid or not. Employment relationship.

If Party A’s breach of contract causes losses to Party B, Party A shall compensate Party B for the losses. Liquidated damages are not a substitute for damages, but can be deducted from the amount of the loss.

Article 15 This contract shall take effect from the date on which the signature or seal of both parties is completed.

Article 16 If this contract is in conflict with the previous oral or written agreement between the parties, this contract shall prevail. Modifications to this contract must be in written form agreed by both parties.

person A person B:_________

ID number: _________ legal representative: _________

Address: _________ Address: _________

Phone: _________ Phone: _________

_________Year ____________________________________________

Part 2: Employee Confidentiality Agreement

Party A: _________

Party B: _________

In accordance with the "Anti-Unfair Competition Law of the People's Republic of China" and relevant national and local regulations, the two parties reached the following agreement on corporate technology secrets, corporate and customer property protection:

1. Confidentiality:

Party A's unannounced development plans, policies, and business decision-making information, plans, plans, instructions, and trade secrets;

Party A's budget, decision report, financial statements, statistical data, financial analysis report, audit data, bank account number;

Party A's business methods, conditions and operating strength;

Party A’s unannounced personnel transfer and appointment and dismissal of personnel;

The establishment, preparation, personnel roster and statistical tables, reward and punishment materials, and assessment materials of Party A's institutions;

Personal salary income of employees at all levels of Party A;

Party A has a confidential level of files, materials, meeting minutes, letters, programs, bids, pictures, computer software;

Party A's customer's information and property;

Party A's proprietary product technology, new technology and after-sales service technology;

Sales contract, sales network, channels.

2. Rights and obligations:

Party A shall provide Party B with normal technical research, development conditions and space for business development, and strive to create opportunities that are conducive to the development of Party B;

Party B is not allowed to copy, excerpt, arbitrarily or maliciously take away Party A’s secret files, computer software, hardware, etc.

Party B shall not disclose the secrets and information of Party A to others without approval;

Party B shall properly and cautiously store and handle the confidential information and fixed assets of Party A and its customers, report any losses if they are lost, and take remedial measures to recover the losses;

Party A is obliged to give Party B a reward for keeping secrets, reporting leaks or improving confidential technology, measures, and timely preventing leaks and saving losses.

3. Liability for breach of contract:

If Party B violates this agreement, Party A has the right to unconditionally terminate the employment contract and cancel or withdraw the relevant treatment;

If Party B violates this agreement and causes certain economic losses, Party A will impose a fine of _________ million yuan by Party B;

If Party B violates this agreement and causes Party A's major economic losses, it shall compensate Party A for all losses;

Where the execution of the above breach of contract liability exceeds the permission granted by the laws and regulations to both parties, the applicant shall apply to the arbitration institution for arbitration or file a lawsuit with the court.

4. Term of agreement:

Employment contract period;

Within _________ years after the termination of the employment contract.

person A person B:_________

Representative: _________

_________ year ____ month _ day _________ year ____ month ____ day

Place of signing: _________ Signing location: _________

Subsidiary file

Supplementary contract

the company:_________

Employees: _________ Mr./Ms. The following terms and conditions are negotiated by both parties. If there are any deficiencies, they will be revised by both parties and signed by both parties.

First, the scope of application

Any employee who has been hired by Party A to have access to company technology or sales secrets.

2. Party A's rights and obligations

1. Party A is obliged to provide Party B with the convenience of understanding the work content related to the scope of confidentiality during the work process.

2. Party A provides good creation and application conditions for Party B's scientific research achievements, and rewards according to the economic benefits created.

3. Party A shall issue a “resignation compensation fee” when Party B leaves the company to request Party B to fulfill the fourth clause. Obtaining the “Resignation Compensation” condition: Party B who is punished for being in violation of Party A’s discipline, penalized or dismissed is not entitled to “resignation compensation”.

4. Proportion of “resignation compensation”:

1) If the work has not been completed for half a year, the compensation will be _________% of the final working day.

2) Those who have worked for one to three years are compensated by _________% of the final working day's basic salary.

Third, Party B's rights and obligations

Party B shall not disclose Party A's trade secrets, materials and information to third parties at any time and at any time.

Party B does not receive part-time jobs from other companies that have the same or similar business relationship with Party A. Party B who has mastered Party A's proprietary product technology or sales business network shall not be employed by other companies that have the same or similar business relationship with Party A within one year after leaving Party A. Within two years from the date of resignation, Party A shall not use Party A's technical secrets, trade secrets, and customer resources to participate in the competition in the same industry.

Party B may receive the “resignation compensation” given by Party A as compensation for compliance with the above provisions before leaving the company.

4. Notes: Companies with the same or similar business that have a competitive relationship or interest relationship

1. Related companies in the power industry.

2. Relevant companies that can use Party A's soft and hard core technologies.

3. Relevant companies that can use Party A's customer information and sales network, channel;

V. Liability for breach of contract

If Party B violates this contract, Party A has the right to unconditionally terminate the employment contract. When a certain economic loss is caused, Party A shall deal with it according to the seriousness of the case and impose a fine of _________ to _________ million.

If Party B violates this contract and causes significant economic losses to the company, it shall compensate Party A for all economic losses. Party A has the right to recover the full amount of “resignation compensation” from Party B.

Where the execution of the above breach of contract liability exceeds the law and the law gives the license rights to both parties, the applicant shall apply to the arbitration institution for arbitration or file a lawsuit with the court.

Party A: _________

Party B: _________

Signing time: _________ year _________ month _________ day

Part 3: Employee Confidentiality Agreement

Since Party B works in the R&D department and contacts the business secrets of Party A due to work needs, the parties agree on the following terms in order to clarify the confidentiality matters of Party B during the term of office and after a reasonable period of time after leaving the company:

The content of the first trade secret

Trade secrets referred to in this Agreement include technical secrets and business secrets, including but not limited to work schedules, technical solutions, formulations, process flows, technical indicators, databases, research and development records, technical reports, test reports, and experimental data. , test results, drawings, samples, technical documents, related correspondence, etc.; business secrets include but are not limited to customer lists, marketing plans, procurement materials, pricing policies, financial information, purchase channels, legal affairs information, human resources information, etc. .

Second job results

The two parties confirmed that during the period of their employment, Party B shall be entitled to the intellectual property rights of Party A during the period of their duties, such as inventions, works, non-patented technological achievements, etc., which are mainly due to the material and technical conditions and business information of Party A. Use or transfer the above intellectual property rights. Party B shall actively provide all necessary information materials, research materials and take all necessary actions to assist Party A in obtaining and exercising the relevant intellectual property rights. Party B has the right to authorship as the inventor, creator or designer of the above intellectual property rights; and Party B is entitled to the corresponding material rewards and remuneration.

Article 3 Confidentiality Regulations and Systems

During the term of office, Party B must abide by Party A's confidential rules and regulations and perform the duties of confidentiality corresponding to its position.

In the event that Party A’s confidentiality rules and regulations are not specified or the regulations are not clear, Party B shall take necessary and reasonable measures in a prudent and responsible manner to keep any Party Party A known or held during the term of office. Or, if it belongs to a third party, Party A promises a trade secret with confidentiality obligations.

Article 4 Confidentiality Liability

Except for the performance of duties, Party B shall not disclose, transmit, publish, publish, transmit, transfer, exchange or otherwise make any third party aware of Party A or a third party without Party A's prior written consent. Commit to trade secrets with confidentiality obligations, and do not use such secret information in addition to performing duties.

Article 5 Confidentiality Period

Party A and Party B confirm that Party B’s confidentiality obligation begins when Party A takes appropriate confidentiality measures against the trade secrets mentioned in Article 1 of this Agreement and informs Party B when the trade secret is disclosed by Party A.

Regardless of the reason for Party B’s resignation, Party B shall retain the business secrets that Party A’s Party members or Party A’s commitment to have confidentiality obligations during Party A’s tenure, and that Party A’s commitment to confidentiality obligations during Party A’s tenure Confidentiality obligations. Party B shall not engage in the same profession for three years from the date of separation.

Article 6 Restrictions on engaging in a second occupation

Party B promises not to engage in the second occupation during the period of Party A’s employment. In particular, without the written consent of Party A, it is not allowed to work in other enterprises that produce or operate similar products or provide similar services with Party A, including but not limited to partners, directors, supervisors, shareholders, managers, employees, agents, consultants. Etc.; may not indirectly provide services to the above enterprises.

Article 7: Carrier of secret information

All files, materials, diagrams, notes, reports, letters, faxes, tapes, disks, instruments and any other forms of carrier that Party B holds or keeps in accordance with the needs of its duties are classified by Party A. All, whether or not these secret information has commercial value.

Party B shall return all property belonging to Party A and all carriers containing Party A’s secret information at the time of resignation or upon request by Party A, and shall not retain or hand over these carriers and their copies to any other unit or individual. .

Article 8 during the term of office

The term of office referred to in this Agreement refers to the period during which Party B receives wages from Party A until Party A terminates the payment of wages to Party B or Party B no longer receives wages from Party A.

The term "resignation" as used in this Agreement refers to any act by Party B that expressly dismisses the employment relationship and puts such will into the facts, including normal resignation and dismissal, such as resignation and dismissal.

Article 9 Tort Liability

Party A and Party B agree:

If Party B fails to perform the confidentiality obligations stipulated in this Agreement, it shall be liable for breach of contract. During the period of employment, Party B shall accept Party A’s fines, salary reduction or dismissal; if it has resigned, it shall pay Party A a penalty of RMB in a lump sum;

If Party A’s losses are caused by Party B’s breach of contract as mentioned in the preceding paragraph, Party B shall be liable for breach of contract and shall be liable for compensation for Party A’s losses.

The damages mentioned in the preceding paragraph are calculated as follows:

1 The amount of compensation for losses is the actual economic loss suffered by Party A due to Party B’s breach of contract;

2 If Party A’s loss is difficult to calculate according to the calculation method described in paragraph 1, the amount of damages is the total profit obtained by Party B due to breach of contract; or the loss is not less than the reasonable amount of Party A’s commercial secret license. amount;

3 The reasonable expenses paid by Party A for investigating Party B’s breach of contract shall be included in the compensation for damages;

If Party B's breach of contract violates Party A's right to trade secrets, Party A may choose to require Party B to assume liability for breach of contract in accordance with this Agreement, or require Party B to assume tort liability in accordance with relevant state laws and regulations.

Article 10 Dispute Resolution

Any dispute arising from this Agreement shall be settled through negotiation between the two parties; if the negotiation fails, either party may file a lawsuit in the Haidian District People's Court of Beijing.

The above agreement does not affect Party A's request for the intellectual property rights management department to carry out administrative treatment of the infringement.

Article 11 Other matters

In the event of any conflict between this Agreement and any previous oral or written agreement between the parties, the provisions of this Agreement shall prevail.

Modifications to this Agreement must be in writing.

The original of this Agreement is in duplicate and each Party and Party B shall hold one copy.

Article 12 takes effect

This Agreement shall enter into force on the date of signature and seal by both parties.

Party A: _______________________ Signature of Party B: _______________________

Representative: _______________________ ID number: _______________________

Date of signature: ______ year ____ month ____ day signature date: ______ year ____ month ____ day