Dicon / SpongeTech Supply and Requirement Agreement.
In 2001 Dicon and SpongeTech (then RSI) entered into an agreement of which excerpts are provided below.
1.4 "CONFIDENTIAL INFORMATION" as used herein shall mean certain trade secrets and proprietary and confidential technical and business information including all information, data and materials concerning current, future or proposed equipment, materials, apparatus, processes, formulations, techniques, drawings, specifications, production quantities, costs, suppliers, customers, know-how and the like which is disclosed by one party of the other and all analyses, compilations, studies, prototypes or other documents or materials prepared by the receiving party which may incorporate CONFIDENTIAL INFORMATION:
It is my opinion that if the overseas partnerships, of which SpongeTech's sales were provided, were born through the Dicon Supplier Agreement, then SpongeTech is contractually obligated to maintain said information confidential. In fact there is a clause specific to this:
(e) If the receiving party is required by law or legal to disclose any CONFIDENTIAL INFORMATION, the receiving party shall provide prompt notice of such to the disclosing party so that legal protection for the CONFIDENTIAL INFORMATION may be sought.
Again, I personally believe that SpongeTech is legally bound to not share who their overseas customers are. Unlike those partnerships that SpongeTech has gone out and developed on their own such as Walgreens, CVS, Sears, Kmart, etc.
GLTA,
Frank
AI
