Welcome to the Lobby of KK Smith Films

NON-DISCLOSURE/NON-COMPETE AGREEMENT

As a Visitor viewing the website of KK Smith Films and accessing the confidential information listed therein, Visitor, whom has agreed and been informed that their IP address has been recorded by KK Smith Films or one if its affiliates, and has previously expressed interest in reviewing the information listed herein, agrees to the following terms and conditions of the non-disclosure agreement as listed below and affecting the Feature Film with working title of “The Roadies: We’re With The Band,” Owned by Kenneth E. Koller, Owner, and under development by KK Smith Films.

This Agreement shall govern the conditions of disclosure by Owner to Visitor of certain Confidential Information including but not limited to: information regarding contractual negotiations with outside parties; contact information of outside parties; data; trade secrets and any intellectual property relating to the development and production of a Feature Film (hereinafter referred to as Show), derived from a Kenneth E. Koller concept and a KK Smith Films.

With regard to the Confidential Information, Visitor hereby agrees:
1. not to use the information received except for business relationships for the Show as directed or approved by Owner;
2. to safeguard the information against disclosure to others with the same or better degree of care as exercised with its own information of a similar, confidential nature;
3. Not to disclose the information to others, without the express written permission of Owner, except that:
            a. which Visitor can demonstrate by written records was previously known;
            b. which are now, or become in the future, public knowledge other than through acts or omissions of Visitor;
            c. which are lawfully obtained by Visitor from sources independent of Owner.
4. That Visitor shall not directly or indirectly acquire any interest in, or design, create, manufacture, sell or otherwise deal with any item or product, containing, based upon, or derived from the information, except as may be expressly agreed to in writing by Owner.
5. That the secrecy obligations of Visitor with respect to the information shall continue for a period ending 3 years from the date hereof.
6. That this Non-Disclosure Agreement shall automatically cease on the first release, airing, broadcast, cablecast, or when Show is otherwise distributed to the public but shall extend itself in the event Show is not aired, broadcast, cablecast, or otherwise distributed to the public before this agreement expires in which case agreement will continue for an indeterminate time or until release of obligations herein are given in writing by Owner.

                IN WITNESS WHEREOF the Parties herein have hereunto executed this Agreement as of the time, day, and year first noted in access records of the website listed herein and recorded through electronic means by KK Smith Films or one of its affiliates.