The Bonus Confidentiality Agreement is designed for use in situations where employees require access to sensitive company information while also being eligible for performance-based bonuses. This document type is particularly relevant in New Zealand's business environment, where protection of confidential information must comply with the Privacy Act 2020 and Employment Relations Act 2000. The agreement serves dual purposes: firstly, it safeguards the company's confidential information, trade secrets, and intellectual property; secondly, it establishes clear terms for bonus payments tied to performance metrics. It's commonly used when onboarding senior employees, during promotions, or when implementing new bonus schemes where employees will have enhanced access to sensitive information. The document typically includes specific provisions about information handling, non-disclosure obligations, bonus calculation methodologies, payment terms, and conditions for maintaining bonus eligibility.
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1. Parties: Identification of the parties entering into the agreement, including the employer and employee
2. Background: Context of the agreement, including the employment relationship and reason for the confidentiality and bonus arrangement
3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Bonus', 'Performance Metrics', and other relevant terms
4. Confidentiality Obligations: Core confidentiality provisions, including scope of confidential information and employee's duties to maintain confidentiality
5. Bonus Structure: Details of the bonus arrangement, including calculation method, payment timing, and conditions for earning the bonus
6. Duration of Obligations: Time period for both confidentiality obligations and bonus arrangement
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination or request
9. Breach and Remedies: Consequences of breaching confidentiality obligations and available remedies
10. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments
1. Non-Competition: Additional restrictions on competitive activities, used when there's specific concern about competition
2. Intellectual Property: Specific provisions regarding IP rights, used when confidential information includes IP
3. Third Party Rights: Provisions regarding confidential information belonging to third parties, used when handling external confidential information
4. Bonus Clawback: Provisions for recovering bonus payments in specific circumstances, used for high-value or sensitive positions
5. Survival Clause: Specific provisions that continue after agreement termination, used in high-risk situations
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Bonus Calculation Method: Detailed formula and metrics used for calculating the bonus
3. Schedule 3 - Related Entities: List of related companies or entities whose confidential information is also protected
4. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of confidential information
5. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Healthcare
Professional Services
Research and Development
Manufacturing
Telecommunications
Biotechnology
Defense
Energy
Mining
Legal Services
Consulting
Relevant Teams
Human Resources
Legal
Finance
Executive Leadership
Research and Development
Information Technology
Sales
Business Development
Operations
Product Development
Strategy
Investment
Compliance
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Senior Manager
Department Head
Research Scientist
Software Developer
Financial Analyst
Legal Counsel
Sales Director
Product Manager
Business Development Manager
HR Director
Operations Manager
Investment Banker
Management Consultant
Technical Lead
Project Manager
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