Discovery Process Confidentiality / NDA
As part of the “Discovery Process” as to SHS and AFIILIATE determining if each wish to enter into a Consulting Agreement, AFFILIATE acknowledges that it will be necessary for SHS to disclose certain confidential and proprietary information to AFFILIATE. AFFILIATE
acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm SHS. Accordingly, AFFILIATE will not disclose or use, either before entering a Consulting Agreement with SHS, or during or after the term of the
agreement, any proprietary or confidential information of SHS without SHS's prior written permission except to the extent necessary to perform services on SHS's behalf.
Proprietary or confidential information includes:
The written, printed, graphic, or electronically recorded materials furnished by SHS for AFFILIATE to use.
Any written or tangible information stamped “confidential,” “proprietary,” or with a similar legend, or any information that SHS makes reasonable efforts to maintain the secrecy of, including but not limited to business or marketing models, plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any
kind, sales projections, and pricing information.
Information belonging to customers and suppliers of SHS about whom AFFILIATE gained knowledge as a result of AFFILIATE discovery process with SHS.
AFFILIATE shall not have any contact with any of SHS’s customers, partners, prospects, vendors, or suppliers, disclosed to AFFILIATE as part of the discovery process, unless the
AFILIATE enters into a Consultant Agreement with SHS or has a pre-existing relationship with an SHS’ customer, partner, prospects, vendor, or supplier disclosed to AFFILIATE. AFFILIATE additionally agrees it will not disclose to anyone nor attempt to reverse engineer, duplicate, or
replicate SHS’s proprietary business model, products, or services. SHS agrees that it will not directly contact any of AFFILIATE’S contacts or clients disclosed to SHS in an attempt to circumvent AFFILIATE, unless SHS has a pre-existing relationship with AFFILIATE’S contacts or clients disclosed to SHS during the discovery process.
AFFILIATE acknowledges that any breach or threatened breach of this NDA will result in irreparable harm to SHS for which damages would be an inadequate remedy. Therefore, SHS shall be entitled to equitable relief, including an injunction and monetary damages, in the event of such breach or threatened breach. Such equitable relief shall be in addition to SHS rights and remedies otherwise available at law.
Consultants may not post any ad, in print, online, in direct mail or through any vehicle, that may be deemed a “business opportunity” that in any way, directly or indirectly, references Seniors Home Services (SHS) or any of the services SHS provides. Be aware that we monitor Craigslist, Facebook (and Instagram), TikTok, X, Pinterest and others nationally and report such postings as an infringement of our brand integrity.
ANY CONSULTANT FOUND TO BE POSTING SUCH ADS WILL BE TERMINATED IMMEDIATELY AND WILL FORFEIT ANY EARNINGS THAT MAY HAVE BEEN ACCUMULATED TO THAT DATE.
The above notwithstanding, Consultants are permitted to share APPROVED CONTENT on social media.
Our business model is not one of people running mass ads. It is one in which we give our existing consultants the opportunity to grow their businesses through relationships they may already have with high caliber people who may also have existing relationships within the medical field or be interested in introducing our company to their personal physicians
Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland. Any violations of this Agreement will be subject to prosecution under Maryland laws in the jurisdiction of Annapolis, MD.
