As a Bluetooth headset manufacturer, the order inquiry often received is the Bluetooth headset OEM order, and the OEM order will involve the signing of a non-disclosure agreement. So what is the non-disclosure agreement in the Bluetooth headset OEM order mainly confidential? Today, the Bluetooth headset manufacturer will share with friends the confidentiality agreement in the Bluetooth headset OEM order, and attach a complete non-disclosure agreement template.
Bluetooth headset OEM orders are generally self-developed Bluetooth headset customized OEM orders, most of which are patented products with intellectual property rights. Customers generally attach great importance to the appearance, specifications and related parameters of the product. It has been misappropriated by peers before, resulting in direct and indirect economic losses. Therefore, OEM orders for Bluetooth headsets will sign a confidentiality agreement or a confidentiality commitment. Its purpose is to avoid the irregular business operations of the foundry and to protect its intellectual property to the greatest extent possible. So what do you need to pay attention to when signing a non-disclosure agreement? What manufacturers of Bluetooth headsets need to remind are:
1. Confidentiality of the product itself
The confidentiality of the product itself is not only the finished product, but also includes semi-finished products, product design drawings, documents, materials, etc.;
2. The parties to the agreement
Including but not limited to all information between Party A itself, its parent company, subsidiaries, related companies and customers (including but not limited to information related to Party B’s products, prices, suppliers, customers, business strategies, management, finance, etc. ) and the intellectual achievements produced by Party B using the above information shall be regarded as confidential information.
3. Timeliness of Confidentiality
Bluetooth headsets belong to consumer electronics and mass consumer goods. Once the product is launched, if it is very popular, there must be an infringing product. Therefore, the timeliness of the confidentiality agreement is particularly important. When the product is launched, it loses confidentiality in a sense. Then it is not so fair to pursue the OEM’s confidentiality responsibility after the product is released, but it is still necessary to ask the OEM not to provide all the information of the product;
Bluetooth headset OEM
Bluetooth headset manufacturers believe that the above three points of the non-disclosure agreement involved in the OEM order need special attention. It is not that some people think that the non-disclosure agreement is just a process. Anyway, the two parties will not leak secrets.
The complete non-disclosure agreement template is attached below for reference only!
Appearance Confidentiality Agreement
Party A (the entrusting party):
Party B (trustee):
Entrusted design and production of products: TWS under-mounted Bluetooth headset with contract number (hereinafter referred to as “contract product”)
According to the relevant laws and regulations of the People’s Republic of China, Party A and Party B have reached an agreement on the confidentiality matters in the process of Party A entrusting Party B in the principle of equality, voluntariness, fairness, mutual benefit, honesty and trustworthiness.
Confidentiality
All information about Party A (including but not limited to Party A itself, its parent company, subsidiaries, affiliated companies and customers) that Party B learns during the entrusted processing and production of contract products (including but not limited to products related to Party B, price, price, etc.) , suppliers, customers, business strategies, management, finance and other related information) and the intellectual achievements produced by Party B using the above information shall be regarded as confidential information.
All the product design drawings, documents, materials, etc. provided by Party A to Party B in the process of manufacturing the contract products entrusted by Party B shall also be regarded as confidential information.
The ownership and intellectual property rights of the confidential information mentioned in the preceding two paragraphs belong to Party A. Without the prior written permission of Party A, Party B shall not disclose, use, or allow a third party to disclose or use such information in any way, nor shall Party B use such information for purposes other than the contractual purpose agreed upon by both parties.
Confidentiality
Party A and Party B undertake that their respective confidentiality obligations for the confidential information stipulated in Article 1 are fundamental, and to ensure that both themselves and the staff they employ shall abide by the confidentiality obligations. Once any party discovers that confidential information has been leaked, it shall immediately notify the other party and take corresponding measures to avoid expanding the impact.
Party A and Party B agree and confirm that Party A has absolute ownership, intellectual property rights and other rights to all drawings, documents and materials provided to Party B regarding product design. Party B shall not use any of the above-mentioned information on product design without authorization, or apply any of the above-mentioned information on product design to self-produced products or products entrusted by other third parties without the purpose of processing and producing contract products for Party A. superior.
Party A shall ensure that all drawings and documents provided to Party B regarding product design will not infringe the intellectual property rights of any third party, and Party A is the legal intellectual property owner of the product design. If Party A’s product design infringes upon Party A’s responsibility and losses, Party A shall bear it by itself. If Party B’s losses are caused by Party A’s product design infringement, Party A shall compensate Party B for all losses.
Party B shall ensure that, in the process of entrusted production and processing of contract products, if Party B finds that Party A’s confidential information is leaked or that Party A’s product design infringes the intellectual property rights of a third party within the scope of Party B’s knowledge, it shall immediately notify Party A in writing and take corresponding measures. prevent the impact from expanding. If Party B is too lazy to notify or take corresponding measures, resulting in enlarged impact and loss, Party B shall be responsible for the enlarged part of the loss.
Party B undertakes that after completing the processing of the contract product in accordance with the requirements of Party A, it can only deliver it to Party A, and shall not display or deliver the contract product (including semi-finished products) to any third party.
All drawings, documents and materials of Party A’s product design, after Party B delivers the product, Party A’s product is released and the information has been disclosed, and Party B is no longer obligated to keep it confidential.
Regarding undisclosed information, both parties are still obligated to keep it confidential.
Duty of confidentiality
If either party violates the confidentiality obligations stipulated in this agreement at any time, the other party has the right to pursue its responsibility for breach of contract if the other party presents real and effective evidence. The amount of breach of contract is RMB 2 million; In case of actual losses suffered by the breach of contract, it also has the right to demand compensation from the breaching party for its actual losses.
Dispute Resolution
In the event of a dispute arising from the performance of this agreement, both parties shall first resolve it through friendly negotiation; if the negotiation fails, either party has the right to file a lawsuit in the people’s court where party B is located.
other
This agreement will take effect after both parties sign and seal.
For matters not covered in this agreement, both parties may agree to supplement the agreement in writing through negotiation, and the supplementary agreement shall be valid only after the signature and seal of both parties.
For the content of this agreement, both parties can make changes in writing through negotiation, and the changes must be signed and sealed by both parties to be effective. If the content of the change is inconsistent with this agreement, the content of the change shall prevail.
This agreement will come into effect once signed by both parties. This agreement is in two copies, and each party holds one copy. Scanned copies and faxed copies have the same legal effect.
(No text below)
Party A (seal): Party B (seal):
Legal representative: Legal representative:
Signing Date: Signing Date:
Signing place: Signing place:
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