Factor Sales intends to collect data from as many “Factors” as possible in order to generate a panel or sample which will be used to generate standard reports including key total market facts and trends:
- Total Market Size
- Sector Size
The operation will be funded by selling the information generated to suppliers of parts.
Non-Disclosure
Information from an individual factor will be aggregated into a total market report once that factor has agreed to be included. No individual named data will be provided to any third party without specific written permission from the individual factor. In return for the supply of data the individual factor will receive regular reports comparing the facts listed above for that factor compared to the Total Market and for their Region where sample sizes and representation are sufficient. The information will be available regularly updated on a secure website with your own password. Summary information and “Alerts” as specified can be automatically sent to mobile phones and iPads or their equivalents if so requested. The standard reports will be free of charge to participating factors.
Agreement Terms
- I will permit M.A.M.Software to enable the supply of data held within their software systems to Factor Sales, and Factor Sales only, every week or more frequently if possible, in an agreed electronic format. The details of the data to be supplied will be agreed between Factor Sales and the individual factor.
- I retain the right to withhold any data I choose. Factor Sales retain the right to cancel this agreement forthwith if the data supplied are not adequate for the purposes of preparing information and marketing this to agreed third parties, namely suppliers.
- Factor Sales will employ the data supplied, subject to the “non-disclosure” requirement as above, to produce reports for sale to suppliers.
- Factor Sales undertakes at all times to maintain Confidentiality as described below.
- This Agreement will continue until further notice unless either party gives 6 months notice, unless there is a serious breach of terms and conditions of this Agreement by Factor Sales, when I may cancel forthwith.
- Factor Sales confirms I am the owner of all data supplied. Data supplied will only be used for the purposes outlined in this Agreement.
- Both Parties agree to treat all Information as supplied to the other party as Confidential. The specific terms are:
Factor Sales Confidentiality Agreement
The information provided to Factor Sales is solely for the purposes agreed.
In this Agreement the expression “Information” shall include all information, processes, contacts, data, materials or experience which we disclose in relation to the project, whether in oral, written or electronic form.
In consideration of each party giving the other Information we have agreed on the following:
- Information disclosed by the Disclosing Party to the Receiving Party hereunder shall be kept strictly confidential by the Receiving Party, using the same degree of care it uses to protect its own confidential information. The Receiving Party shall use the Information exclusively for the purpose of the Project.
- The Information may not be copied, reproduced, published or distributed in whole or in part to any third parties without the prior written consent of the Disclosing Party. The information may be made available to employees of the Disclosing Party on a need to know basis only, and they will be bound by the terms of this Agreement being part of the Receiving party. The Receiving Party may also disclose Information where required by law or by regulatory authorities provided that, where practicable, it advises the Disclosing Party in advance.
- If the Receiving Party needs to pass on Information to external advisors or consultants or advisers, it may do so provided that such consultants or advisers are bound by a confidentiality agreement at least as onerous as the restrictions contained in this Agreement.
- Upon the written request of the Disclosing Party, the Receiving Party will immediately return all tangible forms of Information made available to the Receiving Party, its advisers or representatives (including all copies made) and will ensure that any written analyses, summaries and excerpts of any Information and all documents and records (including, without limitation, computer records) relating to the Information are destroyed. Historical aggregated reports may include information provided to the Receiving Party to maintain a robust market measurement.
- The Receiving Party's obligations under this Agreement to keep Information confidential shall not apply to any Information which comes into the public domain other than by reason of a breach of any confidentiality obligation, or which is already lawfully in its possession at the date of this Agreement.
- This Agreement shall be governed by the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise in connection with this Agreement.
- This Agreement shall apply to Information exchanged by the parties from the date of this Agreement. The parties shall be bound to protect Information disclosed pursuant to this Agreement after the termination of this agreement.
- The parties to this letter do not intend that any term of this letter will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
