herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Associate and the Franchisor, intending legally to be bound, agree as follows:

1) Definitions.

• (a) "Associate" shall mean the individual described in the first paragraph of this Agreement.
• (b) "Competitive Business" as used in this Agreement means any business or commercial activity, other than a BURNEY'S SWEETS & MORE business that Franchisee is authorized by Franchisor to operate, that receives twenty-five percent (25%) or more of its gross sales from the sale of bakery items, including, but not limited to, cakes, croissants, and/or pies, and related items on a dine-in or carry-out basis, or that sells any amount of glazed and deep-fried croissants.
• (c) "Confidential Information" shall include, without limitation, any information, not generally known to the public, in any form, relating to the System and the Franchised Business and its operations, including all trade secrets of the Franchised Business; all knowledge, know-how, standards, methods, and procedures related to the establishment and operation of the Franchised Business not generally known to the public; all records pertaining to customers, suppliers, and other service providers of, and/or related in any way to, the Franchised Business (such as all names, addresses, phone numbers, e-mail addresses for customers and suppliers; customer purchase records and mail lists); product formulas, methods of production; electronic code, designs, marketing materials, and business, sales, and marketing strategies; financial information; databases; training materials; knowledge of the franchise system; and any other data and information that we or our affiliates designates as confidential, including all information contained in the Brand Standards Manual.

Source: Item 22 — CONTRACTS (FDD page 50)