WHEREAS, the Undersigned wishes to enter into this Non-Circumvention, Non-Disclosure Agreement and Attendee Agreement (hereinafter “Agreement”) to define certain parameters of the future legal obligations which are bound by a duty of confidentiality with respect to their sources and contacts. This duty is in accordance with the International Chamber of Commerce Convention (I.C.C. 500).
WHEREAS, Cashflow Chick, The Tryllion Group, Tricoma Trust, and Coal to Cash, Inc., and Paige Panzarello (hereinafter “Discloser”) and the BWWN Student (hereinafter “Recipient”) may also be referred to as “Party” or “Parties”.
WHEREAS, the Undersigned desire to enter a working business relationship to the mutual and common benefit of the Parties hereto, including their affiliates, subsidiaries, stockholders, partners, co-ventures, trading partners, and other associated organizations (hereinafter referred to as "Affiliates").
NOW THEREFORE in consideration of the mutual promises, assertions and covenants herein and other good and valuable considerations, the receipts of which is acknowledged hereby, the Parties hereby agree as follows:
I, the undersigned below, [by filling out the form below] understand the purpose of the Building Wealth with Notes Workshop, and the Master Class Workshop, (collectively and separately the “Workshop”), sponsored by Cashflow Chick, The Tryllion Group, Tricoma Trust, and Coal to Cash, Inc., Paige Panzarello, and/or any speakers that may contribute or participate (the “Sponsors”) is to teach me as much as possible about various methods and techniques of buying and selling paper (debt aka “Notes”) on residential, commercial, and/or other types of property.
I understand and agree that no guarantee has been made or could be made to me by the Sponsors that I will actually consummate a transaction involving an asset or property, during or after the workshop, or that I will be guaranteed any kind of return on any investment(s) that I choose to make in any asset or assets.
Further, I understand and agree that I will not be entitled to any kind of monetary refund, rebate, commission, award and/or any other monies paid for the Workshop, or investments outside of the Workshop, in any form, relating to any method or strategy described or taught by the Sponsors in the Workshop, whether from my own, or any affiliates’ or companies’, actions, inaction, negligence, or external circumstances that may cause me or my company(ies), affiliates, associates, partners, staff, employees, officers or agents, or parties, directly or indirectly related, any financial loss. I understand and agree to send a letter or fax to Cashflow Chick, The Tryllion Group, Tricoma Trust, Coal to Cash, Inc., or Paige Panzarello, describing my successes from what I learned and put into action from this event. This correspondence will take place within ten (10) days of the close of sale of the property or note.
I understand and agree that any technique, form, trade secret or agreement furnished by me and shared with the group can be reproduced and used at a later date. I further consent to the reproduction of any photograph and taped conversation, including testimonials and agree to the use of the same for educational or promotional use. This consent is given with no expectation of compensation thereof.
I acknowledge that none of the following: Cashflow Chick, The Tryllion Group, Tricoma Trust, Coal to Cash, Inc., and Paige Panzarello, nor do any of the instructors that present at the Workshop, function as my agent, personal accountant, lawyer or financial advisor.
I acknowledge that I am responsible for my actions and hereby release all parties named above, and any affiliated companies (including those presenting at the workshop) and any of their staff, employees, officers or agents, from liabilities for any of my actions or comments influenced by information contained in products and services received. I understand and agree to the conditions above.
TERMS AND CONDITIONS
This workshop, or any portion thereof, may not be reproduced or used in any manner whatsoever without the express written permission of the Discloser. The Parties will not in any manner, solicit, nor accept any business in any manner from sources not their Affiliates, which sources were made available through this Agreement, without the express permission of the party who made available the source (those sources presented in the workshop are deemed to have been given to Recipient via written permission by the Discloser); and, the Parties will maintain complete confidentiality regarding each other's business sources and/or their Affiliates and will disclose such business sources only to named Parties pursuant to the express written permission of this Party who made available the source; and, that they will not in any of the transactions the Parties are desirous of entering into and do, to the best of their abilities assure the other that the transaction codes established will not be affected; and, that they will not disclose names, addresses, email address, telephone and fax or telex numbers to any contacts by either Party to third parties and that they each recognize such contracts as the exclusive property of the respective Parties and that they will not enter into any contracts with such contacts revealed by the other Party; and,
That they further undertake not to enter into business transaction with banks, investors, sources of funds or other bodies, the names of which have been provided by one of the Parties to this Agreement, unless written permission has been obtained from the other Party(ies) to do so, or unless the contact information was provided by Discloser to the Recipient in association with, or through, the Building Wealth with Notes Workshop, or the Building Wealth with Notes Master Class (collectively “BWWN” or the “Workshop”). For the sake of this Agreement, it does not matter whether information is obtained from a natural or a legal person. The Parties also undertake not to make use of a third Party to circumvent this clause.
Confidential Information. Recipient shall each keep all Workshop materials and Confidential Information confidential as defined and required herein. For purposes of this Agreement, the following shall constitute Confidential Information: (i) any and all forms of information, knowledge or materials, other than publicly available information, knowledge or materials, with respect to the Potential Transaction, including but not limited to oral or written, or otherwise recorded, plans, drawings, models, photographic items, diagrams, reports, studies, memoranda, notes, correspondence or other statements or communications, contracts, agreements or financial projections; (ii) any information, knowledge or materials provided by a Party to the other Party that are labeled, either orally or in writing, as “confidential”; and (iii) any knowledge, information or materials derived from the Confidential Information or used in the creation of Confidential Information. Specifically excluded from Confidential Information is (i) information that is publicly available to third Parties; (ii) information that was within the possession of one of the Parties or its representatives prior to it being furnished to other parties pursuant to this Agreement and which has been immediately identified as such during the time frame of this Agreement; and (iii) information required by law to be disclosed.
Confidential Information Obligation. With respect to Confidential Information provided by any Party under this Agreement, each receiving party shall (i) hold the Confidential Information in confidence; (ii) use the Confidential Information only for the purposes described in this Agreement; (iii) restrict redisclosure of the Confidential Information solely to those employees, consultants and others with a “need to know” for the purposes described herein and not disclose it to any other persons; and (iv) advise employees and consultants of their confidentiality obligation with respect to the Confidential Information and obtain their agreement to comply herewith before disclosing any information. The Parties will not, and will direct its employees, consultants and others not to, disclose to any person the fact that the Confidential Information has been made available to it, that it has inspected any portion of the Confidential Information, or that any discussions are taking or may take place with respect to the Potential Transaction, without the prior written consent of the Party providing such Confidential Information.
No License Rights. Nothing contained in this Agreement shall be construed as granted or conferring any rights by license or otherwise in any Confidential Information or Workshop information, videos, audio or written materials in any form by Discloser and disclosed to Recipient.
Non-Circumvention. Each Party, for itself and its owners, agents, employees, advisors or affiliates, agrees in perpetuity, commencing with the date hereof, not to reproduce, disclose, use or commercially exploit any of the Confidential Information, or deal directly or indirectly with any person or entity identified by another Party hereto, or their owners, agents, employees, advisors or affiliates with respect the Potential Transaction or any other transaction introduced by or to another Party. In the event of a breach hereof by either party, directly or indirectly, the offending party shall be liable to the Party offended to the full extent allowed by law. The circumvented Party shall be entitled to a legal monetary penalty equal to the maximum service it should realize from such a transaction plus any and all expenses, including but not limited to all legal costs, attorney fees and expenses incurred to recover the lost revenue.
Assignment. Neither this Agreement nor any of the rights or obligations of any Party shall be assigned by any Party without the prior written consent of all other Parties. All consideration, benefits, bonuses, participation fees and/or commissions received as a result of the contributions of the Parties in the Agreement, relating to any and all transactions will be allocated as mutually agreed. This agreement is valid for any and all transactions between the Parties herein and shall be governed by the enforceable law of the State of California. The signing Parties hereby accept such selected jurisdiction as the exclusive venue. Unless otherwise specified, the duration of the Agreement shall be in perpetuity from the date hereof.
AGREEMENT TO TERMS. Signatures on this Agreement received by the way of Facsimile, Mail and/or Email or Electronic Signature or form submission, shall be deemed to be an executed contract. This Agreement is enforceable and admissible for all purposes as may be necessary under the terms of the Agreement. All signatories hereto acknowledge that they have read the foregoing Agreement and by their initials and signature that they have full and complete authority to execute the document for and in the name of the party for which they have given their signature.