Is knowledge of specifications and suppliers of certain equipment and supplies for the Clear Pest Pros Business considered Confidential Information?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
We possess (and will continue to develop and acquire) certain confidential information (the "Confidential Information") relating to the development and
operation of Clear Pest Pros Businesses. The Confidential Information includes (without limitation):
- a. general operating procedures for a Clear Pest Pros Business;
- b. the proprietary Clear Pest Pros Software;
- c. personnel guidelines for hiring, training, retaining, promoting, and supporting the marketing and sales staff;
- d. the Initial Training;
- e. written marketing and advertising materials, audiotapes, videos, and programs for their utilization;
- f. knowledge of specifications and suppliers of certain equipment and supplies for the Clear Pest Pros Business;
- g. information on operating results and financial performance of Clear Pest Pros Businesses other than your own;
- h. The Operations Manual and the Clear Pest Pros owners intranet website and its contents;
- i. sales guidelines and strategies for developing business relationships in the insurance industry;
- j. The Customer Information, as defined in Section 5.B below; and
- k. Any other information we deem confidential.
-
- You acknowledge and agree that you do not acquire any interest in Confidential Information, other than the right to utilize that which is disclosed to you in operating the Clear Pest Pros Business during the term of this Agreement, and that the use or duplication of any Confidential Information in any other business would constitute an unfair method of competition. You also acknowledge and agree that the Confidential Information is proprietary, includes our trade secrets, and is disclosed to you only on the condition that you promise to, during and at all times after the term of this Agreement:
- a. not use Confidential Information in any other business or capacity;
- b. maintain the absolute confidentiality of Confidential Information;
- c. not make unauthorized copies of any portion of Confidential Information disclosed via electronic medium or in written or other tangible form;
- d. adopt and implement all reasonable procedures that we prescribe from time to time to prevent unauthorized use or disclosure of Confidential Information, including, without limitation, restrictions on disclosure to employees of the Clear Pest Pros Business and others; and
- e. immediately upon the expiration of termination of this Agreement, return and cease using in any way all Confidential Information and provide us with immediate access to all computer or other electronic or other storage media, including without limitation, hard drives, memories, CDs, floppy disks,
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Clear Pest Pros Franchise Disclosure Document, knowledge of specifications and suppliers of certain equipment and supplies for the Clear Pest Pros Business is considered Confidential Information. Clear Pest Pros considers this information proprietary and a trade secret. Franchisees only have the right to use this information while operating their Clear Pest Pros Business during the term of the Franchise Agreement.
As a Clear Pest Pros franchisee, you acknowledge that using or duplicating any Confidential Information in any other business would be an unfair method of competition. You must maintain the absolute confidentiality of this information and not make unauthorized copies. Clear Pest Pros may also prescribe procedures to prevent unauthorized use or disclosure of Confidential Information, including restrictions on disclosure to employees.
Upon expiration or termination of the Franchise Agreement, you must return and cease using all Confidential Information. This includes providing Clear Pest Pros with access to all computer or other electronic storage media. This obligation extends beyond the termination of the agreement, meaning you are perpetually bound to protect this information.