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For Commission Rate requests:  See on-Line Non-Disclosure Agreement below before submitting request.

For Commission Rate Requests Only:  Your requesting Commission Rate information constitutes your acceptance and agreement with the following non-disclosure Agreement:

Non-Disclosure Agreement

1. THIS AGREEMENT, effective when executed by both parties, is made between a and Outreach Technology, LLC a Florida Limited Liability Company, (hereafter referred to as Parties or individually as Party) to protect the confidential or proprietary nature of information to be disclosed by Parties to each other.

2. To facilitate discussions, meetings, and the conduct of business between the Parties with respect to matters of mutual interest, it may be necessary for either Party to disclose to the other technical, customer, personnel, and/or business information in written, graphic, oral or other tangible or intangible forms including, but not limited to, programs, drawings, schematics, know how, notes, models, reports and samples. Such information may contain proprietary or confidential material, or material subject to applicable laws regarding secrecy of communications or trade secrets (“Confidential Information”).

3. To facilitate exchange of Confidential Information, each Party acknowledges and agrees:
   a. That all Confidential Information acquired by either Party from the other shall be and shall remain the exclusive property of the source:
   b. To identify in writing as confidential or proprietary, or mark as confidential or proprietary, any information which either Party deems to be Confidential Information;
   c. That information which is disclosed orally shall not be considered Confidential Information unless such information is reduced to writing or to a written summary which identifies the specific information to be considered Confidential Information, and such writing is provided to the recipient at the time of disclosure or within thirty (30) business days thereafter;
   d. To receive in confidence any Confidential Information; to limit access to such Confidential Information to authorized employees who have a need to know the Confidential Information in order for the Party to participate in the matter of mutual interest described above; and not to disclose such Confidential Information in whole or in part, including derivations, to others or authorize anyone else to disclose such Confidential Information to others without prior written approval of the source;
   e. To use Confidential Information only for purposes of work, services, or analysis related to the matter of mutual interest described above and for other purposes only upon such terms as may be agreed upon between the Parties in writing;
   f. To return promptly to the disclosing Party any copies of Confidential Information in written or other tangible form at the Party’s request:
   g. That the obligations with respect to Confidential Information shall extend for a period of three (3) years following the date of initial disclosure of that Confidential Information, unless the Parties agree in writing to a specified period for time for a specified set of material, such written agreement to the attached to and made part of this Agreement; and;
   h. That neither the disclosure of Confidential Information nor this Agreement shall be construed as a license to make, use, or sell the Confidential Information or products derived from the Confidential Information, or as an obligation of either Party to enter into any further agreement of negotiation with the other.

4. The above-stated obligations shall not apply to Confidential Information which:
   a. As shown by reasonably documented proof, was in the other’s possession prior to receipt thereof from the discloser; or
   b. As shown by reasonably documented proof, was received by one Party in good faith from a third Party not subject to a confidential obligation to the other Party; or
   c. Now is or later becomes publicly known through no breach of confidential obligation by the receiving Party; or Outreach NDA revised 6-2008 Page 2 of 2
   d. Is disclosed to a third Party by the source Party without a similar nondisclosure restriction; or
   e. Is disclosed pursuant to a requirement imposed by a governmental agency or is otherwise required to be disclosed by operation of law, provided that the Party receiving a request or demand to make the disclosure, shall first provide the other Party with notice of such a request or demand and shall permit that Party an opportunity to intervene before any disclosure is made; or
   f. Was developed by the receiving Party without the developing Party(ies) having access to any of the Confidential Information received from the other Party.

5. It is agreed that a violation of any of the provisions of this Agreement will cause irreparable harm and injury to the non-violating Party and that Party shall be entitled, in addition to any other rights and remedies it may have at law or in equity, to an injunction enjoining and restraining the violating Party from doing or continuing to do any such act and any other violations or threatened violations of this Agreement. The Parties agree, however, that, absent a showing of willful violation of this Agreement, neither Party shall be liable to the other, whether in contract or in tort or otherwise, for special indirect, incidental or consequential damages.

6. This Agreement shall not be assignable or transferable by either Party without the prior written consent of the other. Furthermore, this Agreement may be amended only by written agreement executed by both Parties.

7. This Agreement shall be construed in accordance with the laws of the State of New Jersey.

8. This Agreement is the entire agreement between the Parties with respect to the nondisclosure of Confidential Information pertaining to the matter of mutual interest described in this Agreement and supersedes all prior agreements and understandings with respect to this subject.

9. This Agreement shall remain in force for a period of three (3) years, except that the obligations set out in paragraph 3 with respect to the Confidential Information disclosed by either Party to the other shall survive such termination for a period of three (3) years, from the initial date of disclosure of the Confidential Information, or the length of time specified in an Attachment to this Agreement pursuant to Section 3.g.

10. This Agreement shall be binding on agents, successors, and assigns of the Parties.