I understand that the acceptance of this Franchise Application by Window Gang Ventures Corporation or any of its affiliates (collectively "Window Gang") does not constitute the grant of a franchise. I understand that Window Gang grants franchises only by executing written franchise agreements. By signing below, I authorize Window Gang and its assigns to start an investigative consumer report (including information as to my character, general reputation, personal characteristics and mode of living) and credit investigation based on the information voluntarily provided by me and warrant that all information provided is true and accurate. I understand that I have a right to request that Window Gang make a complete and accurate disclosure of the nature and scope of such investigation. Window Gang may obtain my credit report in connection with this application. This is my authorization to credit reporting agencies, bank(s), creditors and suppliers to release to Window Gang, and to Window Gang to release to such parties, all information requested regarding my depository, loan or other credit information including, without limitation, financial information, by telephone or in writing as part of the normal credit evaluation process. I release my bank(s), creditors, suppliers and Window Gang from all liability with respect to the release of any such requested information. Authorization is granted to use photo or fax copies of my signature to obtain information. If I am requesting that Window Gang make a credit determination based on my creditworthiness combined with any co-applicants, I authorize Window Gang to discuss any derogatory credit items with such co-applicants. I understand that Window Gang may, at any time, require that I sign an updated application or provide updated information. I acknowledge that I have read, and hereby agree to be bound by the terms of the Confidentiality Undertaking which appears below.
CONFIDENTIALITY AND NON-DISCLOSURE UNDERTAKING
The individual who has submitted this Franchise Application ("Applicant") has applied to become a franchisee of Window Gang Ventures Corporation ("Window Gang") and, in connection with the application process, may become privy to certain information regarding the business of Window Gang and its affiliates and its franchisees which Window Gang classifies and protects as confidential and proprietary (the "Information"). Window Gang is willing to divulge such information (as and to the extent it deems appropriate in connection with the Applicant's application) only if the Applicant agrees to protect the confidentiality of such Information. In consideration of the disclosure of Information, Applicant agrees to the following terms and conditions: Confidentiality. Applicant, on behalf of itself and its affiliates, employees, officers and directors, agrees to maintain as confidential all Information disclosed to it. Applicant shall not, directly or indirectly, disclose any such Information to any third party without Window Gang prior written consent, nor shall Applicant use any Information for its own benefit (except for the purpose of the discussions contemplated by this Agreement) or for the benefit of any third party. The dissemination of Information by Applicant within its own organization shall be limited to those employees and consultants whose duties justify the need to know such Information. Return of Information. Applicant shall return to Window Gang within ten (10) days of written request therefor, all Information, together with any and all copies thereof. No Rights in Information. Neither this Agreement nor the disclosure of Information shall be deemed, by implication or otherwise, to vest in Applicant any rights in the Information or any other trade secrets or property of Window Gang. Breach. Any breach of any provision hereof will be theft of Window Gang trade secrets, and will cause irreparable harm and damage to Window Gang. Window Gang shall be entitled to enjoin any actual or threatened violation of any of the provisions in this Agreement. In addition to injunctive relief, Window Gang may recover damages from Applicant for any loss caused by any violation of the provisions of this Agreement (including violations by third parties to whom Applicant discloses Information). In any action brought to enforce any of the provisions of this Agreement, Window Gang shall be entitled to reasonable attorney's fee and costs. Law. This Agreement is made under, and shall be construed and enforced in accordance with, the laws of the State of North Carolina. The parties agree that the exclusive venue for disputes between them shall be in Morehead City, North Carolina, and the parties each waive any objection they may have to the personal jurisdiction of, or venue in, such courts. Severability. Any provision hereof which may prove unenforceable under any law or by any court shall not affect the validity of any other provision hereof.
