FTC agrees in accordance with its own policies used to protect its own information of similar confidentiality, to use its best reasonable efforts to refrain from and prevent the use or disclosure of any confidential information of the Customer, except when such use or disclosure is for the purpose of providing the Services. Without limiting the foregoing, FTC will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for FTC's delivery of the Services. FTC shall treat as confidential and not disclose or otherwise make available any of the customer lists, customer information, trade secrets, processes, proprietary data, information or documentation of Customer (collectively the "confidential Information"), in any form, to any person other than agents, employees or consultants of FTC. FTC will instruct its agents, employees and consultants who have access to the Confidential Information to keep such information confidential by using the same care and discretion that FTC uses with respect to its own confidential property and trade secrets. Upon the termination of this Agreement for any reason and upon Customer's request, FTC shall return to Customer, or destroy and certify to Customer that it has destroyed, any and all copies of Confidential Information which are in its possession. FTC will not have an obligation of confidentiality under this Paragraph 6.2 with regard to information that (1) was known to it prior to disclosure under this Agreement, (2) is or becomes publicly available other than as a result of a breach of this Agreement, (3) is disclosed to it by a third party not subject to a duty of confidentiality or (4) is required to be disclosed under law or by order of court or governmental agency.
FTC agrees i.) To respond promptly to all requests for marketing, sales, and technical information made by Representative and, at no charge to Representative, furnish reasonable quantities of literature, technical data, and publications relating to the Products for the purpose of assisting Representative in promoting the sales of the Products within the Territory.
