What sections of the Clear Pest Pros agreement address confidentiality and non-disclosure?

[Item 22: CONTRACTS]

A. FOR YOU.

During the term of this Agreement, you and your Managing Owner and your Designated General Manager (if applicable) shall not:

• 1. use our Confidential Information, System, Clear Pest Pros owners' intranet website, Operations Manual, Marks, Customer lists, Customer Information, trade secrets, trade dress, proprietary knowledge, or know-how, or any colorable imitations, in the design, development, or operation of any business other than the Clear Pest Pros Business franchised hereunder, unless specifically authorized by us;

B. YOUR EMPLOYEES.

At the start of their employment, you must require, as consideration for employment, each of your Managing Owners, Designated General Managers, sales and/or account management employees to sign non-disclosure and confidentiality agreements that we have specified or approved. Such agreements will prohibit disclosure, by the employee to any other person or legal entity, of any trade secrets, customer lists, or other information, knowledge, or know-how regarding the System or the operation of the Business, which is deemed confidential and/or proprietary by us. Such employee non-disclosure and confidentiality agreements will, to the fullest extent permitted by applicable law, prevent employees from servicing or soliciting any of the customers of your Business, except in their capacities as employees of the Business. We may require you to send us a copy of such agreements once fully signed.

[Item 22: CONTRACTS]

A. CONFIDENTIAL INFORMATION.

1. 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.
• 1. 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,

[Item 22: CONTRACTS]

The terms of this Addendum shall remain confidential and may not be disclosed except when and to the extent necessary to comply with applicable federal, state, or local laws or regulations.

Source: Item 22 — CONTRACTS (FDD pages 67–68)