Confidential Online Questionnaire
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CONFIDENTIALITY AND NON-DISCLOSURE
The individual who has signed the application ("Applicant") has applied to become a franchisee of Roly Poly ("Roly Poly") and, in connection with the application process, may become privy to certain information regarding the business of Roly Poly and its affiliates and its franchisees which Roly Poly classifies and protects as confidential and proprietary (the "Information"). Roly Poly is willing to divulge such Information (as and to the extent it deems appropriate in connection with the Applicant's application) only if the Applicant agrees to protect the confidentiality of such Information. In consideration of the disclosure of Information, Applicant agrees to the following terms and conditions.
1. Confidentiality: Applicant on behalf of itself and its affiliates, employees, officers and directors, agrees to maintain as confidential all information disclosed to it. Applicant shall not, directly or indirectly, disclose any such information to any third party without Roly Poly prior written consent.
2. Return of Information: Applicant shall return to Roly Poly within ten (10) days of written request therefore, all information, together with any and all copies thereof.
3. No Rights of Information: Neither this Agreement nor the disclosure of Information shall be deemed, by implication or otherwise, to vest in Applicant any rights in the Information or any other trade secrets or property of Roly Poly.
4. Breach: Any breach of any provision hereof will be theft of Roly Poly trade secrets, and will cause irreparable harm and damage to Roly Poly. Roly Poly shall be entitled to enjoin any actual or threatened violation of any of the provisions in this Agreement. In addition to Injunctive relief, Roly Poly may recover damages from Applicant for any loss caused by any violation of the provisions of this Agreement (including violations by third parties to whom Applicant discloses Information). In any action brought to enforce any of the provisions of this Agreement, Roly Poly shall be entitled to reasonable attorneys fees and costs.
5. Severability: Any provision hereof which may prove unenforceable under any law or by any court shall not affect the validity of any other provision hereof.