Intellectual Property & Confidentiality

This agreement should be used where a company agrees to pay a marketing Affiliate which has joined its affiliate program network, an Affiliate Commission payment at the agreed Commission Rate where that Affiliate promotes the company’s products and/ or services online and those promotional activities result in a potential customer clicking through to the company’s website where the purchase can be completed resulting in a “Qualifying Transaction”. This agreement relates to the sale and download of an App but it can easily be tailored to relate to something else. Companies normally affiliate when an arrangement is agreed to work together for their mutual benefit. One company might have a product or service that would compliment the product and service of another company. Rather than trying to compete against each other, it may make sense for both companies to agree to work together in order to maximise profit to be shared between them.

For use when three parties are providing each other with information that is confidential and of a sensitive/ commercial nature. By signing this agreement the recipient person or company is agreeing that they will not use any such confidential information outside the scope of the agreement to their advantage either by competing directly with the other party or by approaching the other parties’ clients in an attempt to obtain their business.

For use when two parties are providing each other with information that is confidential and of a sensitive/ commercial nature. By signing this agreement the recipient person or company is agreeing that they will not use any such confidential information outside the scope of the agreement to their advantage either by competing directly with the other party or by approaching the other parties’ clients in an attempt to obtain their business.

For use when asking an adult to provide the Company with a Contribution whether that be an interview, a photo, other copyright materials or some other Contribution. By signing this consent form the Contributor is giving their permission for their Contribution to be used for the Project (as defined). The Contributor is also agreeing that the Company will own the full legal rights in and to this Contribution (in law, this is called assigning (as opposed to licensing)). This means that the Contributor has given their permission to the Company to do as it wishes with the Contribution. The Contributor shall not claim copyright ownership in respect of the Contribution nor any royalties arising out of the Company’s use of the Contribution.

For use when asking a Parent/ Guardian of a child Contributor to provide the Company with a Contribution whether that be an interview, a photo, other copyright materials or some other Contribution. By signing this consent form the Parent/ Guardian of the child Contributor is giving their permission for their child’s Contribution to be used for the Project (as defined). The Contributor is also agreeing that the Company will own the legal rights to their child’s Contribution (in law, this is called assigning (as opposed to licensing). This means that the Parent/ Guardian of the child Contributor has given their permission to the Company to do as it wishes with the Contribution. The Parent/ Guardian of the child Contributor shall not claim copyright ownership in respect of the Contribution nor any royalties arising out of the Company’s use of the child’s Contribution.

For use when asking an adult to provide the Company with a Contribution whether that be an interview, a photo, other copyright materials or some other Contribution. By signing this consent form the Contributor is giving their permission for their Contribution to be used for the Project (as defined). The Contributor is not giving away its full legal rights in and to this Contribution (in law, this is called assigning). Instead, the Contributor is granting a licence to the Company. This means that the Contributor has granted certain licensed rights to the Company in respect of the Contribution and the Contributor shall retain copyright ownership.

This is to be used in respect of copyright infringement to be used in respect of the infringement of literary or artistic copyright works under the Copyright, Designs & Patents Act 1988. It should be sent to the ISP (ideally to the trading address and the registered address) along with a copy of the copyright work in issue and a print out of the Offending Webpage. The letter and undertakings are drafted on the basis that the ISP is a company, and will need to be adapted when dealing with an individual or partnership.

• This notice should be sent to the ISP before any litigation starts and should be sent as a warning asking them to take the proprietary materials down from their website prior to any litigation proceedings being started.
• This is a standard notice and take-down letter under  Article 14 of the E-Commerce Directive (2000/31/EC)

Note that it is not a “without prejudice” letter. It CAN therefore be relied on (by either party) in any subsequent proceedings, including an application for an interim injunction.

• This is to be used on occasions where Company A discovers that Company B is operating a website that includes a statement that is defamatory or untrue i.e. an untrue statement that casts Company A in a negative light.
• This notice should be sent to Company B before any litigation starts and should be sent as a warning asking them to take the offending statement down from their website prior to any litigation proceedings being started.

This is drafted in favour of the client. To be used when a business engages the services of an individual freelance design consultant to design one or more products for that business (whether on behalf of that business’ clients as a sub-contractor or for the business itself).