Confidential Agreement

In consideration of Marketing Force Pty Ltd and its client providing certain financial and other information in relation to this Business or any subsequent business information provided (the Confidential Information) to the Company and/or Recipient, the Company and/or Recipient acknowledge that the Confidential Information is confidential and

1. Agree that the confidential information excludes information already known to the Company and/or Recipient prior to the date of this agreement, and information which is in the public domain or which becomes so other than by breach of a confidentiality undertaking to the Client.
2. Knowing the potential damages to the Client of a breach of confidentiality and undertake:-
   • To keep confidential the confidential information and use it solely for the purpose of evaluating the opportunity offered by the Client;
   • Not to use or allow the confidential information to be used to gain a business or other advantage to the Company, the Recipient or other party and not to allow the use of the confidential information to harm or disadvantage the Client;
   • To discuss the confidential information only with, or disclose the confidential information only to, those employees or professional advisors of the Company and/or Recipient who have agreed to be bound by this confidentiality undertaking;
   • To keep the confidential information and all copies, notes and other records of the confidential information secure and under its strict control and to return all confidential information and all copies, notes and other records of the confidential information to MQ immediately on being requested to do so by Marketing Force Pty Ltd;
   • Not to discuss any matters in relation to the business with the principals/client or any of the client’s employees, agents, sub-contractors, suppliers or any landlord of the business premises or the landlord’s agents without the express written permission of Marketing Force Pty Ltd.
3. Undertake to comply with the terms of clause 2 hereof, even if the opportunity mentioned in sub-clause 2(a) is declined and acknowledge that the obligations imposed by this undertaking are ongoing.
4. Agree to the jurisdiction of the New South Wales courts and the applicable law to this undertaking.
5. Make this undertaking in favour and for the benefit of Marketing Force Pty Ltd and the Client, either of whom may enforce its terms and/or recover damages for its breach.