Section 15: Authorized Use of
SALT WAVE CLUB MEMBER's Information
A. SALT WAVE CLUB MEMBER Lists.
Lists of SALT WAVE CLUB MEMBER and all contacts generated there from ("Lists") are the confidential property of SALT WAVE. The Company has derived, compiled, configured, and currently maintains the Lists through the expenditure of considerable time, effort, and monetary resources. The Lists in their present and future forms constitute commercially advantageous assets and trade secrets of the Company. The right to disclose Lists and other SALT WAVE CLUB MEMBER information maintained by the Company is expressly reserved by the Company and may be denied at the Company's discretion.
B. Confidentiality of Lists.
Vendors, suppliers, or other persons obtaining access to Lists of SALT WAVE CLUB MEMBERS through their production or distribution of that material contractually agree to the confidentiality and proprietary nature of those mailing lists and that any use of those lists or contacts generated therefrom, except for the sole purpose of furthering the Company's business, is expressly forbidden. They also agree that the information is the property of the Company and any materials offered to the SALT WAVE CLUB MEMBERS which make any reference to the Company or its programs may be done so only with the prior written consent of the Company for each separate offer.
C. Specific Lists.
The Company provides a uniquely tailored portion of the Lists toSALT WAVE CLUB MEMBERS (hereinafter in the context of Lists, the "Recipient"). Each portion of the provided List contains only information specific to the Recipient's level and his or her own Downline Organization.
D. Limitations on Use.
These Lists are provided for the exclusive and limited use of the Recipient to facilitate the training, support, and servicing of the Recipient's Downline Organization for furtherance of the Company-related business only. Each Recipient agrees that each use, within its intended scope, constitutes a separate exclusive license agreement between the Recipient and the Company.
E. Lists Belong to Company.
These Lists remain, at all times, the exclusive property of the Company, which may, at any time and in the Company's sole discretion, reclaim and take possession of the Lists. Accordingly, each SALT WAVE CLUB MEMBER agrees:
1. to hold confidential and not disclose any Lists or portion thereof to any third Person, including, but not limited to, existing SALT WAVE CLUB MEMBERS, competitors, and the general public;
2. to limit use of the Lists to their intended scope of furthering the SALT WAVE CLUB MEMBER's
SALT WAVE related business. The Lists may not be used to identify and solicit SALT WAVE CLUB MEMBERS to other commercial opportunities and activities;
3. that any use or disclosure of the Lists outside of those authorized herein, or for the benefit of any third Person, constitutes misuse, misappropriation, and a violation of the Recipient's license agreement, which causes irreparable harm to the Company;
4. that, upon any violation under this section, the Recipient stipulates to injunctive relief as an appropriate remedy enjoining that use under applicable national or local laws, and will immediately retrieve and return to the Company all Lists previously provided to the Recipient upon the Company's request, and that the obligations under this section will survive the termination of the Recipient's Contract.
F. Company Remedies for Violation.
The Company reserves the right to pursue all appropriate remedies under applicable national or local laws to protect its rights to the above-stated proprietary and trade secret information covered by the Lists. Any failure to pursue any applicable remedies will not constitute a waiver of those rights.