- Taken the company as far as they can
- Not interesting in reinvesting for the next level of growth
- Looking to free up time to move onto the next project
- Hasn’t 10x’d and can’t raise the next round right now
- Spinning off a division or product to focus on core mission
- Needs a savvy buyer for a soft landing
- $500k-$5M in revenue
- Cash flow positive or clear path to profitability
- Existing Audience or Sales/Distribution Channels
THIS MUTUAL NONDISCLOSURE AGREEMENT (the “Agreement”) is effective as of [DATE] between 365 Holdings, LLC, headquartered at 115 West Bartges Street, Suite 4, Akron, OH 44311, and [NAME], [ADDRESS].
Purpose. Together we (“Discloser” and “Recipient”) intend to discuss an opportunity (the “Opportunity”), which may include disclosure of Confidential Information.
Confidential Information is information disclosed in any form that Discloser tells Recipient to keep confidential, including copies of such information.
Confidential Information. Confidential Information does not include information which (1) was publicly available prior to discussions between the parties; (2) becomes publicly available through no fault of the Recipient; (3) was in Recipient’s possession prior to discussions between the parties; (4) is obtained by Recipient from a third party without a breach of confidentiality; (5) is independently developed or obtained by Recipient without use of or reference to Discloser’s Confidential Information; (6) Recipient is required by law to disclose; or (7) both Discloser and Recipient have known for more than two years. Recipient will take reasonable steps to protect Discloser’s Confidential Information and will promptly let Discloser know if that information becomes public.
Non-use and Non-disclosure. Together we agree only to use each other’s Confidential Information to decide whether to pursue the Opportunity and not for any other purpose. We also agree not to disclose each other’s Confidential Information to anyone not involved in helping evaluate the Opportunity.
Remedies. Together we agree that Any violation or threatened violation of this Agreement will cause irreparable injury to Discloser, entitling Discloser to seek injunctive relief.
Miscelleanous. Together we agree that this Agreement:
- Is not assignable to any other party without prior written consent.
- Shall have a term of five (5) years.
- May be terminated by written notice but the provisions herein relating to Non-use and Non-disclosure shall survive such termination.
- Is governed by the laws of the State of Ohio.
- Will be submitted and agreed to electronically.
By submitting this contact form you agree to the terms of our Mutual Non-Disclosure Agreement linked above.