IACCM Contract Management Forum

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2019-05-01 17:43:35

NDA and Existence of Agreement

Do you interpret the the language "parties are not to disclose the existence of an Agreement" verbatim? Or do you interpret that to expand to use of customer name or logo in marketing material as well?
 •   2019-05-01 19:06:36
I would expand to the inclusion of customer name/logo use in marketing material as there would typically be some sort of agreement prior to such marketing material being used. Maybe strike the language or amend to clarify?
 •  Philips India Limited  •   2019-05-02 11:18:44
I have had experience when we signed non-binding MoU for JVs. The most likely scenario would be that the JV partner may like to advertise to the greater world that they have signed on a path breaking MOU etc., especially if these partners are listed entities. So its advisable to make it explicit that disclosing the existence of agreement covers not just "verbatim" disclosures, but other modes as well - including social media...unless explicitly agreed between the parties.
 •  BT  •   2019-05-08 12:58:53
I agree with the other replies here, the NDA should cover marketing material. It's common courtesy to check the other party is ok with this being shared and customers I have had have explicitly blocked this as a company policy.
Replies: 3
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