WESTERN BOTANICALS, INC.
ORGANIC AND WILDCRAFTED HERBAL PRODUCTS
CONFIDENTIALITY AND RESTRICTED USE AGREEMENT
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Western Botanicals Inc., a Utah corporation ("Recipient"), in consideration for
being permitted to view and receive oral, visual and written information on and
about certain clients and distribution channels, as provided to The Right
Solution or any of its DBA's and the results, performance characteristics and
information associated therewith (collectively, the "Information"), which
Information may include, without limitation, client lists, and contact
information and any reports, parameters and results associated therewith, does
hereby acknowledge and agree, intending to be legally bound hereby, as follows:
1. The Information constitutes and contains valuable trade secrets of The Right
Solution or any of its DBA's; Recipient claims no proprietary or other interest
in such Information. Recipient shall not contest, in any proceeding, the
validity or existence of The Right Solution or any of its DBA's valuable
confidential information and trade secret rights in and to the Information.
2. The Information is of a confidential and proprietary nature to The Right
Solution or any of its DBA's and Recipient shall not disclose, discuss,
distribute or disseminate any of the Information to third parties (including any
vendors or licensors of The Right Solution or any of its DBA's) without the
express advance written consent of The Right Solution or any of its DBA's. The
Information and the procedures, concepts and protocols disclosed therein must be
used by Recipient (if at all) only in furtherance of a business, consulting or
other form of commercial relationship between The Right Solution or any of its
DBA's and Recipient. In particular, Recipient agrees not to use or exploit the
Information (or seek to develop, enhance or use) except pursuant to such a
commercial relationship with The Right Solution or any of its DBA's. These
obligations of non-disclosure and restricted use shall continue for a period of
three (3) years after the date hereof, and for as long after such three-year
period as any of the Information in question shall constitute or remain a trade
secret of The Right Solution or any of its DBA's.
3. Recipient acknowledges that its violation of the provisions hereof may cause
irreparable injury to The Right Solution or any of its DBA's, and that such
violation may not be capable of remedy by money damages or other remedy at law.
The Right Solution or any of its DBA's shall therefore accordingly have the
right to seek injunctive and equitable relief to restraint any unpermitted
disclosure or use (or any attempted or intended disclosure or use) in any court
of competent jurisdiction, without the necessity of The Right Solution or any of
its DBA's posting any bond in such proceeding, any such bond requirement being
hereby waived by Recipient. Recipient acknowledges that The Right Solution or
any of its DBA's has relied on the provisions hereof in making its decision to
disclose the Information hereunder, and that The Right Solution or any of its
DBA's would not have made such disclosures unless entitled to protection
hereunder.
IN WITNESS WHEREOF, the undersigned, having legal power to bind the Recipient
named above, has hereunto set his/her hand and seal as of the day and year
written below.
DATED November 16. 2006
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Xxxxx X. Xxxxxxx, President
Western Botanicals Inc.
ACKNOWLEDGEMENT:
Xxxx Xxxxxx The Right Solution or any of its DBA's
000 X. 0000 X. XXXXXXX XXXX, XXXX 00000 - (000) 000-0000 - (000) 000-0000 -
FAX (000) 000-0000
