What is the Signer's obligation regarding maintaining the confidentiality of Cinch I.T. Trade Secrets?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee may disclose to Signer some or all of Franchisor's Trade Secrets relating to CINCH I.T.
SYSTEM.
Signer shall receive Franchisor's Trade Secrets in confidence, maintain them in confidence, and shall use them only in connection with the development and/or maintenance by Franchisee of the Franchised Business using CINCH I.T.
SYSTEM for so long as Franchisee is licensed by Franchisor to use CINCH I.T.
SYSTEM.
Signer shall not at any time make copies of any documents or compilations containing some or all of Franchisor's Trade Secrets without the express written permission of Franchisor.
Signer shall not disclose or permit the disclosure of Franchisor's Trade Secrets to anyone.
That all information and materials, including without limitation, specifications, techniques and compilations of data which Franchisor shall designate as confidential shall be deemed Franchisor's Trade Secrets for the purposes of this Agreement.
Signer shall not, directly or indirectly, do any act or omit to do any act, which would or would likely to be injurious or prejudicial to the goodwill associated with CINCH I.T.
SYSTEM.
Except to the extent prohibited by the laws of the state where the Franchised Business is located or where the Signer lives, in order to protect the goodwill and unique qualities of CINCH I.T.
SYSTEM and the confidentiality and value of Franchisor's Trade Secrets, and in consideration for the disclosure to Signer of Franchisor's Trade Secrets, Signer further undertakes and covenants that, during the time Franchisee is a franchisee of Franchisor and for the two (2) years following the termination or expiration of Franchisee's Franchise Agreement, Signer will not:
Source: Item 23 — RECEIPTS (FDD pages 60–269)
What This Means (2024 FDD)
According to Cinch I.T.'s 2024 Franchise Disclosure Document, if the Franchisee discloses Trade Secrets to the Signer, the Signer must receive the Trade Secrets in confidence, maintain them in confidence, and only use them in connection with the development and/or maintenance by Franchisee of the Franchised Business using CINCH I.T. SYSTEM for so long as Franchisee is licensed by Franchisor to use CINCH I.T. SYSTEM. The Signer is not allowed to make copies of any documents or compilations containing some or all of Franchisor's Trade Secrets without the express written permission of Franchisor, and the Signer shall not disclose or permit the disclosure of Franchisor's Trade Secrets to anyone.
All information and materials, including without limitation, specifications, techniques and compilations of data which Franchisor shall designate as confidential shall be deemed Franchisor's Trade Secrets for the purposes of this Agreement. The Signer shall not, directly or indirectly, do any act or omit to do any act, which would or would likely to be injurious or prejudicial to the goodwill associated with CINCH I.T. SYSTEM.
Except to the extent prohibited by the laws of the state where the Franchised Business is located or where the Signer lives, in order to protect the goodwill and unique qualities of CINCH I.T. SYSTEM and the confidentiality and value of Franchisor's Trade Secrets, and in consideration for the disclosure to Signer of Franchisor's Trade Secrets, Signer further undertakes and covenants that, during the time Franchisee is a franchisee of Franchisor and for the two (2) years following the termination or expiration of Franchisee's Franchise Agreement, Signer will not violate the confidentiality agreement.