Besides the protections in this section and Section 13.D, what other protections does Cool Binz have for trade secrets?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
- h. The Operations Manual and the COOL BINZ 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 COOL BINZ 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 must, 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 COOL BINZ 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, DVDs, zip drives, PDAs, jump drives or other peripheral drives and memory cards, containing any Confidential Information for the purpose of removing such Confidential Information or, if mutually agreed upon, surrender such devices to us.
-
- The foregoing restrictions will not apply to the information that:
- a. is now public knowledge or hereafter becomes public knowledge through no fault of yours;
- b. is properly provided to you without restriction by a third party having no such restriction;
- c. is required to be disclosed by order of a competent court or governmental authority, provided, however, that you provide us with prompt written notice of any claim or litigation that could give rise to such a requirement, you furnish only that portion of the Confidential Information that you are required to disclose, and you advise the governmental authority of your confidentiality obligations under this Agreement and seek to obtain
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, Cool Binz has several measures in place to protect its trade secrets and confidential information. These protections extend to the Operations Manual, the COOL BINZ owners intranet website and its contents, sales guidelines and strategies for developing business relationships in the insurance industry, Customer Information, and any other information Cool Binz deems confidential. Franchisees acknowledge they do not acquire any interest in the confidential information beyond the right to use it for operating their Cool Binz business during the term of the agreement. Using or duplicating this information in any other business is considered an unfair method of competition.
Franchisees must maintain absolute confidentiality, avoid unauthorized copies, and implement procedures to prevent unauthorized use or disclosure, including restrictions on disclosure to employees. Upon termination of the Franchise Agreement, franchisees must return all confidential information and provide Cool Binz with access to all electronic storage media containing such information. These restrictions do not apply to information that becomes public knowledge through no fault of the franchisee, is properly provided without restriction by a third party, or is required to be disclosed by a court or governmental authority, provided Cool Binz is promptly notified and its confidentiality obligations are acknowledged.
Cool Binz also requires franchisees to have their Managing Owner, Designated Managers, sales, and/or account management employees sign non-disclosure and confidentiality agreements at the start of their employment. These agreements prevent employees from disclosing trade secrets, customer lists, or other confidential information about the Cool Binz system. The agreements also prevent employees from servicing or soliciting the franchisee's customers, except in their capacity as employees of the Cool Binz business. Cool Binz may request copies of these signed agreements.
Cool Binz can also initiate litigation in court if there is an allegation that a franchisee has violated (or threatens to violate, or poses an imminent risk of violating) any federally protected intellectual property rights in the Marks, the System, trade secrets, or Confidential Information.