creativeMRKT Exclusive — Mutual Non-Disclosure Agreement
Version 2026-05-08.1
This Mutual Non-Disclosure Agreement (the "Agreement") is entered into by and between the individual or entity electronically signing below ("Member") and creativeMRKT Inc., on its own behalf and as agent for each other Exclusive-tier member, brand, project owner, creative, and partner who has likewise executed an Agreement substantially in this form (collectively the "Exclusive Community"). It is effective as of the date Member electronically signs.
1. Purpose
The parties wish to enable Member's participation in the private, invitation-only Exclusive tier of creativeMRKT, in which members exchange highly sensitive business, creative, financial, identity, and project information that they would not otherwise disclose publicly (the "Purpose").
2. Confidential Information
"Confidential Information" means any non-public information disclosed by or on behalf of any member of the Exclusive Community to Member, in any form, including but not limited to: identities and biographical data of members; rosters, project briefs, scopes, budgets, timelines, creative direction, references, drafts, and deliverables; pricing, fees, commercial terms, and commission structures; client lists and prospective client lists; trade secrets, proprietary techniques, and know-how; business strategies, financial information, and personal/personally identifiable information of members and their representatives; and the existence, contents, and outcome of any communication occurring within the Exclusive tier.
3. Exclusions
Confidential Information does not include information that Member can document: (a) was lawfully in Member's possession without confidentiality obligation prior to disclosure; (b) is or becomes publicly known through no act or omission of Member; (c) is rightfully received from a third party without restriction; or (d) is independently developed by Member without use of or reference to Confidential Information.
4. Obligations
Member shall:
- Hold all Confidential Information in strict confidence and use it solely for the Purpose;
- Not disclose, publish, post, repost, screenshot, scrape, mirror, index, train any model on, or otherwise distribute Confidential Information to any person outside the Exclusive Community;
- Not use Confidential Information to circumvent the platform, contact members off-platform without their written consent, solicit business, or compete with any member;
- Apply at least the same degree of care to protect Confidential Information as Member uses for its own most sensitive information, and in no event less than reasonable care;
- Promptly notify creativeMRKT in writing of any actual or suspected unauthorized use, access, or disclosure.
5. Compelled Disclosure
If Member is legally compelled to disclose Confidential Information, Member shall, to the extent legally permitted, give creativeMRKT prompt prior written notice and reasonable cooperation so that a protective order or other appropriate remedy may be sought, and shall disclose only the minimum portion of Confidential Information that is legally required.
6. No License; Ownership
All Confidential Information remains the property of the disclosing member. Nothing in this Agreement grants Member any licence, title, or interest in any Confidential Information, intellectual property, trademark, or work product.
7. Term and Survival
This Agreement is effective on signature and continues for so long as Member has access to the Exclusive tier. The confidentiality and non-use obligations herein survive termination of Member's access for 3 years from the date the Confidential Information was last disclosed; for any Confidential Information that constitutes a trade secret, the obligations survive for so long as such information remains a trade secret under applicable law.
8. Return or Destruction
Upon termination of access or upon written request of the disclosing member, Member shall promptly return or destroy (and at the disclosing member's request, certify in writing the destruction of) all Confidential Information in Member's possession or control, including copies and derivatives.
9. Remedies
Member acknowledges that any breach of this Agreement may cause irreparable harm for which monetary damages would be inadequate. Accordingly, the disclosing member, creativeMRKT, and any harmed Exclusive Community member shall be entitled to seek injunctive relief and specific performance, in addition to any other available remedies at law or in equity, without the requirement of posting bond.
10. Third-Party Beneficiaries
Each member of the Exclusive Community is an intended third-party beneficiary of this Agreement and may enforce its terms directly against Member with respect to such member's own Confidential Information.
11. Governing Law and Forum
This Agreement is governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the courts of Saskatchewanfor any dispute arising out of or in connection with this Agreement.
12. Electronic Signature
Member's act of typing their full legal name, ticking the acceptance box, and submitting this form constitutes a valid electronic signature under the Personal Information Protection and Electronic Documents Act (Canada) and the Electronic Information and Documents Act, 2000 (Saskatchewan), and creates a binding agreement to the same extent as a handwritten signature on a paper document.
13. Severability; Entire Agreement
If any provision of this Agreement is held unenforceable, the remainder shall continue in full force, modified to the minimum extent necessary. This Agreement, together with the creativeMRKT Terms of Service, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings.