agency creative work

Out of context: Reply #11

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  • akiersky0

    @freedom The other places publishing work are articles about some of the spaces that the work is displayed in, not specifically the work itself. In those cases they have worked directly with the client and our company isn't in the loop of it getting published. My company doesn't have a website with work on it, so I can't link to that and refrence things that I have worked on.

    @omg trying to just make it not quite so dated and create a platform for adding new stuff. the old one was flash (when that was acceptable) I'm going for something that's a little more responsive and modern. As for looking for a job, I've been toying with heading back out to the west coast (I'm in Michigan now), to be closer to family. So I haven't been actively looking, but I'd like to start putting feelers out and a place to put some work and descriptions of what I do seems like the best place to start. I don't have any ties here any more, so there's no reason to stay.

    @shellie I'm pretty clear of my part on the project, I don't do the design work, but I play a large role in the execution of the projects and direct the user experience throughout the system. We're a pretty small firm, so I play quite a few parts.

    It seems like the description on the website with requests for examples is the way to go at this point. Really appreciate all the advice and input guys. here's the nda, I think it's pretty standard but I'll let you be the judge of that. Some of the stuff about research and knowhow and IP seems a bit crazy, do they expect me to forget all I've learned? I'm not going to go and re-create anything somewhere else, but as we all know, nothing is completely original, especially when it comes to code. It should have been a red flag when they asked me to sign it after having worked there for a few years:

    1. The Purpose. (The Relationship). The Company and The Recipient wish to explore a potential business relationship in connection with which the Company may disclose Confidential Information (as defined below) to the Recipient.
    2. Definition of Confidential Information. Confidential Information means any information, technical data, or know-how, including but not limited to, that which relates to research, product plans, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, hardware configuration information, marketing or finances of the Company, which all shall be deemed as Confidential Information. Confidential Information does not include information, technical data or know how which (I) is in the possession of the receiving party at the time of disclosure as shown by the receiving party’s files and records immediately prior to the time of disclosure, or (ii) prior to or after the time of disclosure becomes part of the public knowledge or literature other than as a result of any improper inaction or action of the Recipient or, (iii) is approved by the Company, in writing, for release.
    3. Nondisclosure of Confidential Information. The Recipient agrees not to use any Confidential Information disclosed to it by the Company for its own use of for any purpose other then to carry out discussions concerning, and the undertaking of the Relationship. The Recipient will not disclose any Confidential Information of the Company to parties outside the Relationship or to employees of the Recipient other than employees or agents under appropriate burden of confidentiality and who are required to have the information in order to carry out the discussions regarding the Relationship. The Recipient agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the Company in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized under this Agreement to have any such information. Such measures shall include the highest degree of care that the receiving party utilizes to protect its own Confidential Information of a similar nature. The Recipient agrees to notify the Company in writing of any misuse or misappropriation of Confidential Information of the disclosing party, which may come to the receiving party’s attention.
    4. Publicity. The Recipient will not, without prior consent of the other party, disclose any other person, the fact that Confidential Information of the Company has been disclosed under this agreement, that discussions or negotiations are taking place between the parties, or any of the terms conditions, status or other facts with respect thereto, except as required by law and then only with prior notice as soon as possible to the Company.
    5. Return of Materials. Any materials or documents that have been furnished by the Company to the Recipient in connection with the Relationship will be promptly returned by the Recipient, accompanied by all copies of such documentation or certification of destruction, within (10) days after (I) the Relationship has been terminated or (ii) the written request of the Company.
    6. Patent or Copyright Infringement. Nothing in this agreement is intended to grant any rights to the Recipient with regard to any and all rights of the Company’s rights to patents or copyrights.

    7. Ownership. The Recipient agrees not to show or demonstrate any work that is a result of their collaboration with The Company, without the expressed, written permission of the The Company. The Company owns all rights to any work developed or produced by The Recipient for The Company.
    8. Term. The forgoing commitments of each party shall survive any termination of the Relationship between the parties for a period of three years after application of Section 5 above.
    9. Successors and Assigns. This agreement shall be binding upon and for the benefits of the undersigned parties, their successors and assigns, provided that Confidential Information of the Company may not be assigned without the prior written consent of the Company. Failure to enforce any provision of this Agreement shall not constitute a waiver of any term hereof.
    10. Governing Law. This agreement shall be governed by and enforced in accordance with the laws of the State of California and shall be binding upon the Recipient in the United States and worldwide.
    11. Remedies. The Recipient agrees that any violation or threatened violation will cause irreparable injury, both financial and strategic, to the Company and in addition to any and all remedies that may be available, in law, in equity or otherwise, the Company shall be entitled to injunctive relief against the threatened breach of this Agreement by the Recipient without the necessity of proving actual damages.

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