I am requesting access, either in my individual capacity or on behalf of a company I am an authorized representative of, to an online platform offered by SwitchPitch (the “Platform”) in order to: (i) submit a project and solicit proposals from third parties related to such project; and/or (ii) submit a proposal related to a third party’s project in hopes of entering into a business relationship related to the project (together, “Activities”).
As a result of my Activities on the Platform I may be given access to certain proprietary or other non-public information that is owned or controlled by third parties and provided by them in connection with their own Activities on the Platform (“Confidential Information”). The Confidential Information may include, but is not limited to, inventions, ideas, designs, computer programs, circuits, schematics, formulas, algorithms, trade secrets, works of authorship, developmental or experimental work, processes, techniques, improvements, methods of manufacturing, know-how, data, financial information and projections, royalty rates, business, product and marketing plans and strategies, potential business relationship of the parties, customer lists and contractual terms and relationships, in whatever form disclosed or discovered.
It is the intent of SwitchPitch that Confidential Information be treated as such and with discretion; however SwitchPitch is not in a position to ensure that this occurs. SwitchPitch simply powers a submission platform that facilitates the exchange of information.
Nonetheless, I acknowledge that as between me and a submitter of Confidential Information, such Confidential Information remains the property of the party who submitted it to the Platform, and that I will only use such Confidential Information in connection with evaluating a business relationship with such party. I will not disclose or use another party’s Confidential Information for any other purpose, including without limitation for my own benefit or for the benefit of any other third party, without the prior written consent of the party who owns or controls such Confidential Information.
If I do not comply with the foregoing I will indemnify, defend and hold harmless SwitchPitch, Exhilarator, LLC and their officers, directors, employees and agents from any claims, damages or losses arising out of my disclosure or other use of another party’s Confidential Information.