Terms of Service
DYNAMIC: Refers to Dynamic BDC, LLC, a Wisconsin corporation having its principal office at 435 South Main Street, Fond due Lac, WI 54935
DEALER: Refers to you as the individual, corporation or legal entity paying consideration to DYNAMIC for services and products.
WHEREAS DYNAMIC maintains a separate and distinct business as a contact center able specializing in aspects of outbound telemarketing, internet lead handling, and telephone performance monitoring, and
WHEREAS DYNAMIC and DEALER have agreed upon the terms of their business relationship;
NOW, THEREFORE, for good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows:
- The Term of this Agreement shall commence on the date hereof and shall continue until either party provides the other party with written notice of termination.
- Each party acknowledges that during the Term, it shall have access to the confidential information and trade secrets of the other, consisting of, but not limited to, customer lists and information concerning each other's methods of operations, systems, products, and other such proprietary business information. For purposes of this Agreement, "confidential information" means any confidential or other proprietary information disclosed by one party to the other under this Agreement, except information that ( a ) is public knowledge at the time of disclosure, ( b ) was known by the receiving party before disclosure by the disclosing party, or becomes public knowledge or otherwise known to the receiving party after such disclosure, other than by breach of a confidentiality obligation, or ( c ) is independently developed by the receiving party.
- During the Term of this Agreement and for a period of two years following the termination of this Agreement for any reason, within the geographical region of the United States of America and its territories, the receiving party shall ( a ) not disclose the confidential information to any third party, ( b ) not use the confidential information in any fashion except for purposes of performing this Agreement, ( c ) exercise reasonable care to prevent disclosure, and ( d ) notify the disclosing party of any unauthorized disclosure or use of the confidential information. Upon termination of this Agreement for any reason, each party shall immediately deliver to the other party all copies of the confidential information received from such other party. Each party acknowledges that breach of the covenants contained herein will cause irreparable harm to the disclosing party entitling the disclosing party to injunctive relief, among other remedies, against any breach or threatened breach, without waiving or affecting any claim for damages or other relief.
- This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument and may be delivered by facsimile; facsimile signatures shall have the force and effect of original signatures.