When selecting to purchase a workshop with payments options, I understand and accept that I am requesting auto-payments to be made on the credit card account I will provide to Donna Mee Inc. separately. I acknowledge that Donna M.E.E. Inc will be charging a $10 payment processing fee for each payment made until the balance is paid in full. I accept that my first payment date will be today or as soon as my enrollment has been processed (typically within 24-72 hours) and that every 30-days payment dates will be based on the date of the first payment. I Understand that if a payment declines and needs to be processed again, this will incur an additional $10 processing fee. If I require a new payment plan to be created with a different card number, a $25 payment fee is charged to create the new payment plan. If I require manual dates to be processed, I understand I am to alert Donna Mee Inc. immediately, or the default 30-day payment plan will continue, and that this is a fee of $25 per manual transaction. I agree to all conditions and understand all figures listed in any correspondence are always usd, and that all dates are PST.
THIS NONDISCLOSURE AGREEMENT (this “Agreement”) is made as of time of purchase by and between Donna Mee Inc. and Seminar Enrollee.
Enrollee has represented to Donna Mee Inc. that it desires to obtain access to: seminar/full course workshops/one day master class etc. and certain Confidential Information contained therein for the sole and specific purpose of training and education. In consideration of such access to Confidential Information, each party receiving Confidential Information (a “Recipient/Enrollee”) from the other party (a “Instructor/Disclosing Party”) confirms its understanding and agreement as follows:
- Confidential Information. “Confidential Information” means information of a confidential nature including, without limitation, product information, data, pricing, financial information, business proposals, end user information, information relating to a party’s trade secrets, research and development, know-how, processes, designs, Donna Mee Methods for Make Up Applications, Donna Mee Make Up Techniques and Theories, documentation, techniques, derivative works, inventions (whether patentable or not), copyrightable material, employment practices, business plans, confidential lists (including, but not be limited to, customer, client, agent and vendor lists) or other materials, that is (a) clearly and conspicuously marked as “confidential” or with a similar designation or (b) disclosed in a manner in which the Instructor/Disclosing Party reasonably communicated, or the Recipient should reasonably have understood under the circumstances, that the disclosure should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used. “Confidential Information” also includes all information and materials which are proprietary and confidential to a third party and which have been provided to Instructor/Disclosing Party by such third party for Instructor/Disclosing Party’s use. The potential relationship of the parties, the fact that discussions may be taking place between them, any of the terms of such potential relationship and the existence of this Agreement and the terms hereof will be deemed the Confidential Information.
- Nondisclosure of Confidential Information. Recipient/Seminar Enrollee acknowledges that, as a result of Recipient’s/Seminar Enrollee’s access to Instructor/Disclosing Party’s Confidential Information, Recipient has and will continue to have a position of trust and confidence with Instructor/Disclosing Party. Recipient/Enrollee represents and warrants that it has no present intention to use for its own benefit (without proper license/authorization), or to disclose to any other person or entity, any Confidential Information. Neither Recipient/Enrollee nor any of its employees, agents or other persons acting on behalf of Recipient, will use for Recipient’s/Enrollee’s own benefit, or the benefit of any other person or entity, or disclose to any other person or entity, any Confidential Information. Notwithstanding the foregoing, Instructor/Disclosing Party agrees that Recipient may use such Confidential Information as may be or has been disclosed by Disclosing Party to Recipient, pursuant to the terms hereof or otherwise, for the sole purpose of evaluating a business relationship with Disclosing Party.
- No License; Disclaimer. Nothing in this Agreement shall be deemed or construed to grant to Recipient a license to use, sell, develop, exploit, copy or further develop any Confidential Information received by it from Disclosing Party. The disclosure of Confidential Information hereunder is made on an “as is” basis, and all representations and warranties, expressed or implied, are hereby disclaimed.
- Protection of Confidential Information. Recipient agrees to take all such steps as may be reasonably necessary to prevent the disclosure of any Confidential Information of Disclosing Party to any person or entity, except as authorized by Disclosing Party in writing. Without limiting the foregoing, Recipient will use at least the same level of care to maintain the Confidential Information of the Disclosing Party as it uses to maintain the confidentiality of its own non-public information, and in no event less than a reasonable degree of care. Recipient agrees not to make copies of any of the Confidential Information without first receiving written approval from Disclosing Party and marking such copies as “Confidential and Proprietary Property of [Disclosing Party].”
- Use of Confidential Information. Recipient may disclose the Confidential Information only to Recipient’s employees, officers, directors, agents, or representatives (collectively, “Representatives”) with a need to know for the purposes described in this Agreement, provided that its Representatives are provided with a copy of this Agreement and agree to abide by its terms. In any event, Recipient agrees that it will be responsible for compliance with this Agreement by its Representatives.
- Exclusions. The obligations and restrictions regarding the disclosure and use of Confidential Information shall not apply to information that Recipient can demonstrate:
(a) was already in Recipient’s possession at the time of its disclosure by Disclosing Party to Recipient, as shown by Recipient’s files and records as of the date of the disclosure to Recipient;
(b) is a part of the public domain other than by or through the fault of Recipient;
(c) is received by Recipient from a third party who had a right to disclose such information without restriction on disclosure and without breach of any other agreement;
(d) is independently developed by Recipient without use of or reference to any of the Confidential Information; or
(e) is required to be disclosed pursuant to subpoena, court order, regulatory or other legal process. In the event that Recipient is compelled by law to disclose (i) any of Disclosing Party’s Confidential Information or the fact that Confidential Information has been made available to it by the other party; (ii) that discussions or negotiations between the parties are taking place; or (iii) any of the terms of an existing or proposed relationship, Recipient agrees that it will provide Disclosing Party with prompt written notice of such request, to the extent such notice can be given, so that the Disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. If a protective order or other remedy is not obtained, or either party waives compliance with the provisions of this Agreement, Recipient agrees that it will furnish only that portion of Confidential Information and other information that is legally required and that it will use its best efforts to obtain reliable assurance that confidential treatment will be accorded to that portion of Confidential Information and other information that is being disclosed. Disclosing Party shall be given an opportunity to review the Confidential Information prior to its disclosure by Recipient.
- Non-Solicitation. During the term of this Agreement, neither party will directly solicit the other’s employees to work for the other party. This provision does not restrict any employee of either company from responding to or working for the other party as a result of an advertisement for employment that is placed in a medium meant for general circulation, such as a newspaper or on the internet.
- Irreparable Harm: Injunctive Relief. Recipient acknowledges that any unauthorized disclosure or use by Recipient of any Confidential Information, or any other breach by Recipient hereunder, may result in irreparable harm to Disclosing Party that is not compensable in money damages alone. Recipient agrees that, in the event Disclosing Party institutes any legal action arising out of, or in connection with, this Agreement, the enforcement hereof or any breach or threatened breach hereof, Disclosing Party shall be entitled to seek injunctive relief in addition to all other remedies available at law or in equity.
- Term and Termination. Enrollee may withdraw from seminar at any given time (subject to appropriate fees and relevant refund policies when existent). Notwithstanding the foregoing, the provisions of Sections 2 through 6, Section 7 (according to its terms), Section 8 and Section 10 hereof will survive termination of this Agreement. Upon termination of this Agreement for any reason, Recipient shall immediately return to Disclosing Party any and all documents or other material of any kind, containing or pertaining to any Confidential Information, together with any and all copies, reproductions and samples of any of the foregoing.
- Miscellaneous. This Agreement will inure to the benefit of each of the parties hereto and its successors and assigns. This Agreement shall be governed by California law without giving effect to principles of conflict of laws. This Agreement contains the full and complete understanding of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous representations and understandings, whether oral or written; however, this Agreement is not intended to supersede any confidentiality obligations undertaken by the parties pursuant to any other agreement between them with respect to confidential or proprietary information disclosed thereunder. In the event that any provision of this Agreement or any obligation hereunder is found invalid or unenforceable pursuant to judicial decree or decision, any such provision or obligation shall be deemed and construed to extend only to the maximum permitted by law, and the remainder of this Agreement shall remain valid and enforceable according to its terms. Neither this Agreement nor provision of Confidential Information pursuant to it shall be construed as an agreement, commitment, promise or representation by either party to do business with the other or to do anything except as specifically set forth herein. This Agreement may be executed in one or more counterparts, including via facsimile, each of which shall be deemed to be an original and all of which shall be deemed to constitute one and the same agreement. The parties agree to accept a digital image of this Agreement, as executed, as a true and correct original and admissible as best evidence to the extent permitted by a court with proper.
Specifically for Webinars. By viewing the webinar recording you are agreeing to the following:
1. You have a strong, secure internet connection that can handle the video content. We are not responsible for the troubleshooting of your internet connections.
2. You will not forward the link or share the content with anyone.
3. You will watch the recording within the allocated time that the content is available.
Purchase of product executes this contract.