[Boutique] Separation of confidentiality agreement
Article 1: Separation of confidentiality agreement
Party A: _______________________
Party B: ______________________
Party B's first beneficiary: ______________________
department:_______________________
identity number:_______________________
Signing time: _________ year ____ month ____ day
Employee confidentiality agreement
Since Party B works in key departments of the company and has contact with Party A's business and management secrets 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 employment and within a reasonable period after separation from office:
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.
The corresponding material rewards and remunerations given by Party A to Party B are as follows:
1). . . .
2)…….
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
Part 2: Separation of confidentiality agreement
Party A: Henan *** Co., Ltd.
Party B: ID number:
By agreement between the two parties, an agreement was reached on the following confidential matters:
1. Party A and Party B voluntarily sign this Agreement. Party A and Party B have reached the following agreements: 1. Party B guarantees and confirms that the labor contract has been terminated in accordance with the law of Party A, and there is no labor dispute or labor dispute or economic dispute.
2. Party B shall not disclose the trade secrets of Party A to third parties. 3. Do not collude with others in order to gain benefits for Party A.
4. No activity may be performed in the name of Party A without the written authorization of Party A. 5. Party B has promised to return as much as possible for the information requested by Party A.
6. Party A's trade secrets shall not be used as a means of seeking employment and a means of development. 7. It is not allowed to use Party A's trade secrets and conduct new research and development on this basis.
2. Party A's confidential rules and regulations are not stipulated or not clearly stated. Party B shall also adopt any necessary and reasonable measures to maintain its confidentiality in a prudent and honest manner. 3. Party B has promised to return all the files, materials, reports, letters, faxes, disks and other forms of information that are in contact with Party A’s trade secret information to Party A, regardless of whether the secrets have commercial value or not. Do not back up. Fourth, liability for breach of contract:
If Party B fails to fulfill its obligations, it shall be liable for breach of contract and pay liquidated damages to Party A at one time. The liquidated damages shall be five times the basic salary of Party B in the year prior to leaving Party A. At the same time, Party B’s income from breach of contract shall be Also to Party A. V. Effectiveness of consultation:
This Agreement shall be valid for three years from the date of signature or seal. The amendments to this Agreement must be in written form agreed by both parties. This Agreement is made in two copies. Each Party A and Party B shall hold one copy and have the force of law.
Party A: Henan ** Co., Ltd. Party B:
Stamp: Seal:
Date: Date:
Part 3: Separation of confidentiality agreement
Party A: Signing location: Legal representative of Shenzhen Nanshan District:
Party B: ID card number:
Since Party B has provided services and duties to Party A, Party B has already known the business secrets of Party A. In order to clarify Party B's confidentiality obligations, effectively protect Party A's trade secrets, and prevent the trade secrets from being publicly disclosed or leaked in any form, Party A and Party B shall enter into this confidentiality agreement on the principle of equality, voluntariness, fairness and good faith.
First confidential content
The contents of the trade secrets referred to in this Agreement include the following: Party B shall bear the duty of confidentiality: 1 All pictures relating to Party A's guest films, samples, and promotional films;
2. Business information. Refers to sales and business information such as marketing strategies, supply information, pricing policies, undisclosed financial information, contracts, transaction counterparts, and customer lists.
Article 2 Party B’s confidentiality obligations
1. After the termination of the service relationship, Party B shall not disclose or use the trade secrets in any way, create pictures that reproduce the trade secrets, and remove the objects related to trade secrets; and shall not disclose Party A to any third party who does not undertake the obligation of confidentiality. Trade secrets; copies of files or files containing Party A's trade secrets may not be copied or disclosed.
2. During the period of service of Party B, the business secrets obtained or produced, after the termination of the service relationship, Party B acknowledges Party A's ownership of these trade secrets due to investment and payment of labor remuneration, and Party B shall refrain from observing the above-mentioned trade secrets.
Article 3 Termination of confidentiality obligations
1. Party A authorizes the consent to disclose or use trade secrets. 2. Relevant information, pictures, etc. have entered the public domain.
Article 4 Liability for breach of contract
1. Party B shall be liable for breach of contract in violation of the confidentiality obligations in the agreement. If there is a breach of contract, Party B shall pay Party A a breach of contract amount of 10,000 yuan. 2. If Party B leaks the trade secret to a third party or uses commercial secrets to cause Party A to suffer losses, Party B shall compensate Party A for the amount of compensation not less than the loss caused to Party A due to its breach of obligations.
3. If Party B’s malicious disclosure of commercial secrets has serious consequences for Party A, Party A will pursue its tort liability through legal means until it is held criminally liable.
Article 5 Solution to the dispute
Any dispute arising from the implementation of this Agreement may be settled through negotiation between the parties. If the negotiation fails, both parties may file a lawsuit in the local people's court with jurisdiction in Shenzhen.
Article 6 Confirmation by both parties
Prior to the signing of this Agreement, the parties have reviewed the contents of the agreement in detail and fully understood the legal implications of the various provisions of the agreement.
Article 7 Effect and Change of the Agreement
1. This Agreement shall enter into force upon signature or seal by both parties.
Article 8 This Agreement shall be made in two copies, one for each Party A and Party B.
Party A: Legal representative or authorized agent
:
year month day
Party B:
year month day
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