Thank you for participating in the Alabama Brewers Guild Production Survey!
Our non-disclosure policy with this survey is as follows:
The Alabama Brewers Guild, Inc. (the “Guild”) has requested that the alcohol manufacturer provide the Guild with certain information that may be considered confidential. To ensure the protection of such information and in consideration of the agreement to exchange said information in order to create aggregated statistical information of the brewing industry in Alabama beneficial to each of the undersigned parties, the parties agree as follows:
1. The confidential information to be disclosed under this Agreement (“Confidential Information”) can be described as and includes business statistics and information relating to production, costs, profit and margin, finances and financial projections, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.
2. The Guild shall use the Confidential Information only for the purpose of creating aggregated statistical information of the brewing industry in the State of Alabama. Under no circumstances should the undersigned alcohol manufacturer’s name be attributed to such statistical information other than as a contributing member to the statistical pool. The Guild may also use the Confidential Information for the purposes of computing membership dues payable to the Guild. The Guild may also share the Confidential Information with the Brewers Association with instructions not to publish. The Guild shall limit disclosure of Confidential Information within its own organization to its executive director, officers and/or employees having a need to know and shall not disclose Confidential Information to any third party, other than the Brewers Association, without prior written consent.
3. This Agreement imposes no obligation upon the parties with respect to any Confidential Information (a) that was possessed before receipt; (b) is or becomes a matter of public knowledge through no fault of the receiving party; (c) is rightfully received from a third party not owing a duty of confidentiality; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing party; or (e) is independently developed.
4. The parties warrant that they have the right to make the disclosures under this Agreement. If there is a breach or threatened breach of any provision of this Agreement, it is agreed and understood that the non-breaching party shall have no adequate remedy in money or other damages and accordingly shall be entitled to injunctive relief.
5. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information and supersedes any prior agreements, understandings, or representations with respect thereto. Any addition or modification to this Agreement must be made in writing and signed by authorized representatives of both parties. This Agreement is made under and shall be construed according to the laws of the State of Alabama. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.
