Nike 2010 Annual Report Download - page 134

2. Subsequent Employer. EMPLOYEE agrees to notify NIKE at the time of separation of employment of the name of EMPLOYEE’s new
employer, if known. EMPLOYEE further agrees to disclose to NIKE the name of any subsequent employer during the Restriction Period, wherever located
and regardless of whether such employer is a competitor of NIKE.
3. Non−Disclosure Agreement.
(a) Protected Information Defined. “Protected Information” shall mean all proprietary information, in whatever form and format, of NIKE
and all information provided to NIKE by third parties which NIKE is obligated to keep confidential. EMPLOYEE agrees that any and all information to
which EMPLOYEE has access concerning NIKE projects and internal NIKE information is Protected Information, whether in verbal form,
machine−readable form, written or other tangible form, and whether designated as confidential or unmarked. Without limiting the foregoing, Protected
Information includes information relating to NIKE’s research and development activities, its intellectual property and the filing or pendency of patent
applications, confidential techniques, methods, styles, designs, design concepts and ideas, customer and vendor lists, contract factory lists, pricing
information, manufacturing plans, business and marketing plans, sales information, methods of operation, manufacturing processes and methods, products,
and personnel information.
(b) Excluded Information. Notwithstanding paragraph 3(a), Protected Information excludes any information that is or becomes part of the
public domain through no act or failure to act on the part of EMPLOYEE. Specifically, employees shall be permitted to retain as part of their personal
portfolio copies of the employees’ original artwork and designs, provided the artwork or designs have become part of the public domain. In any dispute
between the parties with respect to this exclusion, the burden of proof will be on EMPLOYEE and such proof will be by clear and convincing evidence.
(c) Employee’s Obligations. During the period of employment by NIKE and for a period of two (2) years thereafter, EMPLOYEE will hold
in confidence and protect all Protected Information and will not, at any time, directly or indirectly, use any Protected Information for any purpose outside
the scope of EMPLOYEE’s employment with NIKE or disclose any Protected Information to any third person or organization without the prior written
consent of NIKE. Specifically, but not by way of limitation, EMPLOYEE will not ever copy, transmit, reproduce, summarize, quote, publish or make any
commercial or other use whatsoever of any Protected Information without the prior written consent of NIKE. EMPLOYEE will also take reasonable
security precautions and such other actions as may be necessary to insure that there is no use or disclosure, intentional or inadvertent, of Protected
Information in violation of this Agreement.