CONFIDENTIALITY AGREEMENT
WHEREAS, [Name of Agency] (hereafter “Agency”) is an independent insurance
agency, and,
WHEREAS, as part of the business of Agency, it obtains, produces and maintains
certain confidential information, to be defined below, which is a valuable business asset
of Agency, and,
WHEREAS, Agency desires to make the non-disclosure of such confidential
information a condition of employment, and continued employment, and,
WHEREAS, [Name of Employee] (hereafter “Employee”) is an employee of
Agency and understands the necessity of Agency maintaining confidential information,
NOW, therefore, Agency and Employee enter into this Confidential Agreement
dated this ______ day of ______________. In consideration of the mutual promises
contained in this Agreement, and other valuable consideration, the receipt and adequacy
of which is hereby acknowledged, the parties agree as follows:
1.
The consideration for Employee agreeing to this Confidentiality Agreement
is the employment and/or continued employment of Employee as an employee of
Agency. Employee acknowledges that confidential information which is obtained,
produced or maintained by Agency is a valuable business asset of Agency and that
Agency is entitled to protect the confidentiality of this information.
2.
The term “confidential information” is defined to include, but not
necessarily be limited to the following: Client lists, client contact information,
expirations, prospect lists, marketing lists, any computer information or data contained on
the hard drives of any computers owned by or used in the business of Agency,
information contained in any agent management system, any software produced or
maintained by Agency, any trade secret as that term is defined under the laws of the State
of Kansas and any other documents or information which employee knows or has reason
to know that is treated as confidential by Agency.
3.
During the term of Employee’s employment with Agency and for 36
months after termination of Employee’s employment, Employee shall not either directly
through Employee’s own actions or indirectly through an agent or other person acting on
behalf of Employee or under the supervision or direction of Employee, disclose,
disseminate, communicate, divulge or utilize any confidential information as defined
above.
4.
If Employee materially breaches any provision of this Agreement, Agency
reserves the right to avail itself of any remedy available to it in law or in equity. If such
breach occurs during the term of Employee’s employment, Agency, at its sole option,
may impose employee disciplinary procedures against Employee up to and including
discharge. If Employee breaches any provision of this Agreement after the termination of
Employee’s employment, Agency may seek to enforce this Agreement through legal
means and may request injunctive relief enjoining Employee from disclosing or utilizing
confidential information and may further seek damages as a result of any damage caused
by Employee’s breach of this Agreement.
5.
If any provision of this Agreement or any part of any provision in this
Agreement is determined to be unenforceable for any reason whatsoever, it shall be
severable from the rest of the Agreement and shall not invalidate or affect the other
portions or parts of the Agreement which shall remain in full force and effect and be
enforceable according to their terms. Furthermore, no covenant herein shall be dependent
upon any other covenant or provision herein, each of which covenants shall stand
independently and be enforceable in that regard to the other or to any other provisions of
this Agreement.
6.
This Agreement shall be construed under and governed by the laws of the
State of Kansas.
7.
In the event that either party prevails in any legal action to enforce any of
the terms and conditions of this Agreement, such party shall be entitled to, as contractual
damages hereunder for any breach of this Agreement and in addition to any other
remedies available for said breach, all reasonable fees and costs, including attorneys fees,
incurred by such party to enforce such terms and conditions of this Agreement.
IN WITNESS WHEREOF, Agency has caused this agreement to be signed by its
duly authorized agent, and Employee has set Employee’s hand below acknowledging
Employee’s intent to be bound by the terms and conditions set forth herein.
[Agency name]
By _____________________________
Name ___________________________
Title ____________________________
EMPLOYEE
__________________________