Confidentiality Agreement 1 Party A:
Legal representative:
Party B:
ID number:
Whereas:
Both parties confirm that during Party A's employment, if Party B comes into contact with any materials due to work needs, it shall not copy or send them in other forms except for work needs. Without the confirmation of the company, no information shall be provided to the third party, and all work shall be carried out in accordance with the confidentiality system of the company and the factory.
Rule number one. know-how
The technical secrets mentioned in this Agreement include but are not limited to: technical scheme, design scheme, manufacturing method, formula, technological process, technical indicators, computer software, database, research and development records, technical reports, test reports, experimental data, test results, drawings, samples, prototypes, models, molds, operation manuals, technical documents and relevant letters.
Other trade secrets mentioned in this agreement include but are not limited to: customer list, marketing plan, purchasing materials, pricing policy, financial materials, purchase channels, etc.
The customer information secrets mentioned in this agreement include but are not limited to: originals, photocopies, electronic documents, printed documents, check documents, etc. provided by customers.
Article 2. Ownership of intellectual property rights
Both parties confirm that the intellectual property rights related to inventions, works, computer software, technical secrets or other business secret information generated by Party B during his employment with Party A or mainly by using Party A's material and technical conditions and business information belong to Party A. Party A can make full use of these inventions, works, computer software, technical secrets or other business secret information for production, operation or transfer to a third party within its business scope. Party B shall provide all necessary information and take all necessary actions according to the requirements of Party A, including application, registration, registration, etc. To assist Party A in obtaining and exercising relevant intellectual property rights.
With respect to the above inventions, works, computer software, technical secrets and other trade secrets, relevant authorship rights (except those that shall be signed by Party A according to law) shall be enjoyed by Party B as the inventor, designer or developer, and Party A shall respect Party B's moral rights and assist Party B to exercise these rights. Party B does not enjoy other rights except the right to sign.
Article 3. Obligation of confidentiality
During his employment with Party A, Party B must abide by any written or unwritten confidentiality rules and regulations formulated by Party A and perform the confidentiality duties corresponding to his post.
Under the circumstance that Party A's confidentiality rules and regulations are not specified or unclear, Party B shall also take any necessary and reasonable measures to protect any technical secrets or other business secrets that belong to Party A or a third party but Party A promises to keep confidential, so as to maintain its confidentiality.
Except for the need of performing duties, Party B promises not to let any third party (including other employees of Party A who are not allowed to know the secret according to the confidentiality system) know the technical secrets or other business secrets that belong to Party A or others, but which Party A promises to keep confidential, and shall not use these secret information outside the performance of duties.
Article 4. Confidentiality period
Both parties agree that the confidentiality period stipulated in this agreement shall be valid from the date of signing this agreement to years after the termination or dissolution of labor relations between both parties.
During the confidentiality period, no matter why Party B leaves Party A or its affiliated companies, it still has the same confidentiality obligations as during its tenure; Party B acknowledges that Party A and its affiliated companies have considered the confidentiality obligations that Party B needs to undertake after leaving the company, so Party B does not need to pay extra confidentiality fees when leaving the company.
Article 5. responsibility for breach of contract
If Party B violates any terms of this agreement, Party B shall bear all economic losses caused to Party A, and Party A has the right to terminate the employment relationship with Party B immediately without notice.
Article 6. Settlement of disputes
Any dispute arising from this agreement, if it cannot be resolved through consultation, either party has the right to bring a lawsuit. Both parties agree to choose the people's court where Party A is located that meets the requirements of hierarchical jurisdiction as the court of first instance for disputes agreed by both parties.
The above agreement shall not affect Party A's request to the intellectual property management department for administrative treatment of the infringement.
Article 7. Effective conditions of the agreement
1. This agreement is made in duplicate, one for Party A and one for Party B, with the same legal effect, and shall come into effect as of the date of signature or seal by both parties. 2. If there is any conflict between this agreement and the previous oral or written agreement between the two parties, this agreement shall prevail.
3. The modification of this agreement must be made in written form agreed by both parties.
Party A (seal):
date month year
Party B (signature):
date month year
Article 2 of the confidentiality agreement: (Employer) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative or principal responsible person: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Permanent residence and postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In accordance with the Anti-Unfair Competition Law of People's Republic of China (PRC) and the relevant regulations of the Company, the two parties have reached the following agreement on the confidentiality of Party A's business secrets on the principles of equality, voluntariness, consensus and honesty:
(1) confidential content
1. Party A's business secrets, including but not limited to the production, supply and sales channels, customer orders, buying and selling intentions, transaction or negotiation price, product performance, quality, quantity and delivery date;
2. Party A's business secrets, including but not limited to business policy, investment decision intention, product and service pricing, market analysis and advertising strategy;
3. Party A's management secrets, including but not limited to financial data, personnel data, salary data and logistics data;
4. Party A's technical secrets, including but not limited to product design, product drawings, production machines, operating instructions, engineering design drawings, manufacturing technology, manufacturing technology, computer programs, technical data, patented technology and scientific research achievements.
(2) Scope of confidentiality
1. The scientific research achievements and technical secrets mastered by Party B before the term of the Labor Contract shall be applied and produced by Party A with the consent of both parties;
2. Party B's service inventions, work achievements, scientific research achievements and patented technologies during the labor contract period;
3. Party A's business secrets that Party B has mastered before the expiration of the Labor Contract;
4. Business secrets of Party B belonging to Party A during the term of the Labor Contract.
(III) Rights and obligations of both parties
1. Party A provides normal working conditions, good application and production conditions for Party B's service inventions and scientific research achievements, and rewards them according to the economic benefits created;
2. Party B must engage in the research and development of business, production and scientific research projects according to Party A's requirements, and submit the production, business, research and development achievements and materials to Party A, which has the ownership and disposal rights;
3. Without Party A's written consent, Party B shall not use Party A's trade secrets to develop new products and write papers for publication to a third party;
4. After both parties dissolve or terminate the labor contract, Party B shall not disclose to a third party the trade secrets owned by Party A that are not known to the public;
5. Party B must strictly abide by Party A's confidentiality system to prevent the disclosure of Party A's business secrets;
6. If both parties agree on the non-competition period, after the labor contract is dissolved or terminated, during the non-competition period, Party B shall not be employed by other employers that produce or operate similar businesses and have competitive relations, nor shall Party B produce similar products or operate similar businesses on its own;
7. During the term of the Labor Contract, Party A arranges Party B to hold a confidential post and gives Party B a confidentiality allowance; After the dissolution or termination of the Labor Contract, Party A shall continue to pay Party B the confidentiality allowance during the non-competition period.
(4) Duration of confidentiality
1, within the term of the labor contract;
2. The period when Party A's patented technology is not known to the public;
(5) Time limit for decryption
65438+ Party B shall complete the handover of confidential information;
2. After the termination of the labor contract, if both parties have no intention to renew the labor contract, the proposing party must notify the other party in writing _ _ months in advance, and the advance period is the confidentiality cancellation period, and Party A shall take measures to cancel Party B's confidential post; Party B shall accept the work arrangement of Party A and complete the handover of confidential information;
After the termination or expiration of the Labor Contract, Party B must abide by this Agreement and shall not harm the interests of Party A. ..
(6) Confidentiality allowance
1. During the term of the Labor Contract, Party A shall give Party B a confidentiality allowance, and Party A shall pay Party B a confidentiality allowance of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. After the labor contract is dissolved or terminated, during the non-competition period, the non-competition period agreed by both parties is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
3. During the term of the labor contract, the confidentiality allowance shall be paid at the same time as the salary on _ _ _ days of each month;
4. After the dissolution or termination of the labor contract, during the non-competition period, the confidentiality allowance shall be paid to Party B on time on _ _ _ every month;
When Party B is transferred to a non-confidential post, Party A stops paying Party B the confidentiality allowance.
(7) Liability for breach of contract
1. During the term of the Labor Contract, if Party B violates this Agreement, causing no economic losses to Party A, but causing troubles to Party A's normal production and business activities, Party A has the right to transfer Party B from the confidential post, stop paying confidentiality allowance and give administrative sanctions;
2. During the term of the Labor Contract, if Party B violates this Agreement and causes slight economic losses to Party A, Party A may terminate Party B's Labor Contract;
3. During the term of the Labor Contract, if Party B violates this Agreement and causes great economic losses to Party A, Party A will give Party B the administrative penalty of delisting and recover all or part of the monthly confidentiality allowance received by Party B;
4. During the term of the Labor Contract, if Party B violates this Agreement and causes great economic losses to Party A, Party A will give Party B an administrative penalty of dismissal and claim all the confidentiality allowance; And pay extra compensation for economic losses, which constitutes a crime, bring a lawsuit to the local people's court and investigate the criminal responsibility of Party B according to law.
(8) Dispute clause
In case of any dispute arising from the performance of this Agreement, Party A and Party B may apply to the labor arbitration institution where Party A is located for arbitration or bring a lawsuit to the people's court when their responsibilities for breach of contract exceed the authority agreed by laws, regulations and both parties.
(9) Others
This agreement is made in duplicate, one for each party, and shall come into effect as of the date of signature (seal) by both parties.
Party A (official seal): _ _ _ _ _ _ _ _ _ _ Legal representative (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I have read this agreement carefully, fully understand its contents and am willing to abide by it.
Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 3 of Non-disclosure Agreement Party A: _ _ _ _ _ (name of employer)
Party B: _ _ _ _ _ _ (name of employee)
Party B will come into contact with or master Party A's business secrets during Party A's employment and during the necessary period after his resignation. In order to safeguard the legitimate rights and interests of Party A and Party B, both parties have reached the following agreement on confidentiality:
1. Party A's business secrets refer to technical information and business information that are not known to the public, can bring economic benefits to the obligee, and are practical and kept confidential by Party A ... including but not limited to: software design, procedures, operation, product scheme, product strategy, production method, customer list, supply and technical information, financial information, supplier and distributor information, and information that Party B is obligated to keep confidential according to the contract or laws.
2. During Party B's tenure, Party A shall provide all kinds of information, materials, equipment and software necessary for Party B to give full play to its intelligence.
Three. Party A shall formulate a corresponding confidentiality system, specifying the information, scope and confidentiality period of trade secrets for Party B to abide by.
Four. Party B agrees to take necessary and effective measures to protect the business secrets it knows or holds during the employment period. Except for the normal and reasonable use of the position, Party A shall not disclose, inform, deliver or transfer Party A's business secrets to a third party other than Party A (including Party A's affiliated enterprises) or use them for himself or a third party without Party A's written consent. ..
5. During Party A's employment, Party B promises not to keep, copy or disclose any business secret information privately, and not to take part-time jobs in other companies; Party B guarantees that it will not bring any information and materials that may infringe to Party A and use them without authorization, otherwise Party B will bear all legal and economic responsibilities arising therefrom. After leaving the company 1 year, Party B promises not to use Party A's business secrets to compete with Party A anywhere other than Party A; Party A shall pay Party B a confidentiality fee of RMB.
6. When Party B leaves his post, he shall immediately hand over all business secret materials, software and other articles held by Party A to the personnel designated by Party A, and go through relevant formalities.
Seven. Party A and Party B are willing to strictly implement this agreement. If either party breaches the contract, it shall pay the other party a penalty of RMB _ _ _ _ _ _ _ _. If it causes economic losses to the other party, it is willing to bear all the liability for compensation. In addition, if Party B breaches the contract, Party A may terminate the labor contract.
Eight. This agreement is an annex to the labor contract in duplicate, with each party holding one copy.
Party A: (signature or seal) _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: (signature or seal) _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 4 of the Confidentiality Agreement Party A:
Legal representative:
Party B:
ID number:
Confidential items:
Project team members:
Party B has (or will) know Party A's business secrets about _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 1 Contents and Scope of Confidentiality
Party A and Party B confirm that the scope of Party A's business secrets related to this project that Party B should undertake confidentiality obligations includes:
1, technical information:
Including technical scheme, design requirements, service content, implementation method, operation flow, technical indicators, software system, database, operating environment, operating platform, test results, drawings, samples, models, user manuals, technical documents, business letters and telegrams involving technical secrets, etc.
2. Business information:
Including customer name, customer address and contact information, demand information, marketing plan, procurement information, pricing policy, purchase channels, production and marketing strategies, pre-tender estimate and bidding content in bidding, project team composition, cost budget, profitability and undisclosed financial information.
3. Other matters:
Other matters that Party A requires Party B to undertake confidentiality obligations according to law (such as signing a contract with the other party of the project) and relevant agreements (such as technical contracts).
Article 2 Party B's confidentiality obligations
Party B shall undertake the following confidentiality obligations for the business secrets of the projects mentioned in Article 1:
1. Take the initiative to take encryption measures to protect the above-mentioned business secrets, and prevent any third party who does not undertake the same confidentiality obligation from knowing and using them;
2. Party B shall not spy on or obtain Party A's business secrets related to this project by other improper means (including computer search, browsing and copying, etc.). );
3. Party A's business secrets about this project shall not be disclosed to any third party that does not undertake the same confidentiality obligation;
4. Not allowed (including lending, giving, leasing, transfer, etc. ) or assist any third party that does not undertake the same confidentiality obligation to use Party A's business secrets about the project;
5. After Party A's work in this project is terminated for whatever reason, Party B shall not use the business secrets of this project in other enterprises (including self-operated enterprises) that are competitive with Party A;
6. The ownership of the business secrets of the project always belongs to Party A, and Party B shall not apply for the ownership of the business secrets of the project by using his knowledge of the project to varying degrees, except that Party B has certain ownership rights according to law before the signing of this agreement;
7. If Party A's business secrets about this project are found to be leaked or leaked due to its own negligence, effective measures should be taken to prevent the leakage from further expanding and report to Party A's company in time.
Article 3 Duration of confidentiality
Party A and Party B confirm that Party B's confidentiality obligation shall be from the date of signing this agreement to the time when Party A's business secrets about this project are made public. Whether Party B continues to participate in Party A's work on this project will not affect the commitment of confidentiality obligations.
Article 4 Liability for breach of contract
1. If Party B fails to perform the confidentiality obligations agreed in Article 2 of this Agreement, but has not caused losses or serious consequences to Party A, it shall bear the penalty of not more than RMB 5,000;
2. Where Party A suffers losses or serious consequences due to Party B's violation of the agreement mentioned in the preceding paragraph, Party B shall bear the liability for breach of contract, and the compensation for losses is listed in Item (3) of this article.
3. The compensation for losses mentioned in paragraph 2 of this article includes:
A the amount of damages shall be the actual economic losses caused to Party A by Party B's violation of this Agreement. The calculation method is: the total amount of sales reduction of Party A's products due to Party B's infringement multiplied by the product of profit 1 set of products;
B. If the loss of Party A is difficult to calculate according to the calculation method described in paragraph a, the amount of compensation for the loss shall not be less than 65,438+0% of the investment expenses incurred by Party A on the business secrets of the project.
C reasonable expenses paid by Party A for investigating Party B's breach of contract;
D. Since Party B's breach of contract infringes Party A's right to trade secrets about the project, Party A may choose to require Party B to bear the liability for breach of contract according to this agreement, or it may choose to require Party B to bear the tort liability according to relevant national laws and regulations.
Article 5 Settlement of Disputes
Disputes arising from the execution of this agreement can be settled through negotiation by both parties or mediated by a third party trusted by both parties. If negotiation or mediation fails or one party is unwilling to negotiate or mediate, either party has the right to bring a lawsuit.
Article 6 Entry into force and modification of the agreement
This agreement shall come into effect as of the date of signature by both parties. Any modification of this agreement must be agreed by both parties in writing. Matters not covered in this agreement shall be settled by both parties through consultation. If negotiation fails, the parties may apply to the arbitration organ for arbitration or resort to law.
This agreement is made in duplicate, one for each party.
Party A: (signature) Party B: (signature)
Legal representative: (signature) ID number:
Year, month, sun, moon, sun.