South Dakota FAST Launch

The South Dakota FAST Launch program is designed to assist South Dakota entrepreneurs and small businesses with beginning and expanding their business through the South Dakota Governor's Giant Vision Competition and SBIR/STTR funding.

NOTE: Applicants Must Attend Boot Camp (virtually or in person) To Apply And Complete Customer Discovery. Applicant Is Then Eligible To Apply For Implementation Funds.

This agreement is made by and between the South Dakota FAST Launch Program & South Dakota entrepreneurs or small business entrant, hereinafter “ENTRANT” and the South Dakota FAST Launch Program hereinafter “SD FAST.”

Whereas, ENTRANT is the developer and owner of certain proprietary, confidential, trade secret, and other such information, which has a unique value, hereinafter “INFORMATION”; and

Whereas, ENTRANT is willing to disclose certain INFORMATION to SD FAST for the limited purpose of applying for customer discover or business plan implementation support sponsored by SD FAST; and

Whereas, ENTRANT is willing to disclose INFORMATION to SD FAST only upon the SD FAST's acknowledgement of ENTRANT'S ownership of said INFORMATION and agreement to maintain as confidential and not disclosed.

Now there, in consideration of ENTRANT's disclosure of the INFORMATION and the other terms and covenants contained in THIS AGREEMENT, the parties agree as follows:

  1. The INFORMATION, as used herein shall mean all information, designs, diagrams, samples, documents, plans, ideas and concepts clearly marked as confidential by ENTRANT.
  2. SD FAST acknowledges the INFORMATION as proprietary and confidential. SD FAST agrees to hold and keep the INFORMATION in confidence, and use all reasonable care to limit dissemination of the INFORMATION and to prevent disclosure of the INFORMATION to others, and to use such INFORMATION only in connection with the SD FAST Launch Program. Access to the INFORMATION while in the possession of SD FAST will be restricted to persons having a need to know related to proposal reviewers and clerical personnel. SD FAST agrees to require any person not on mentioned in the SBA FAST Grant application to execute and file with SD FAST a nondisclosure agreement in the form and style to this agreement as Exhibit A.
  3. SD FAST agrees that the INFORMATION may not be used, developed, modified, produced or exploited by SD FAST without the express prior written consent of ENTRANT. SD FAST acknowledges that its unauthorized use of the INFORMATION will constitute a breach of THIS AGREEMENT.
  4. Recipients of financial support from SD FAST will be responsible for any tax and/or tax consequences of the award. If chosen as an awardee, ENTRANT grants SD FAST the right, without compensation, to publish awardee names and company names, non-financial information, photographs, and video and audio recordings for editorial, public relations, promotional and advertising materials. All decision made by the reviewers on all matters relating to the SD FAST program will be final.  This program reserves the unrestricted right to interpret these rules and to alter, amend or change them at its discretion.
  5. ENTRANT attests that the ideas/concepts presented in the application are their own and not under any agreement or restrictions prohibiting their ability to disclose ideas or plans.
  6. No rights in or license of the INFORMATION, expressed or implied, are granted to SD FAST by THIS AGREEMENT.
  7. This Agreement constitutes the entire agreement between the Parties and supersedes all prior oral or written agreements, representations, statements, negotiations, understandings, proposals and undertakings with respect to the subject matter hereof.

Exhibit A

I accept my appointment as a reviewer in the SD FAST Launch Program.
I agree and undertake as a condition of my appointment as follows:

  1. I certify that I have read the aforesaid Confidentiality Agreement between the parties.
  2. All information marked confidential and contained in the entries to the Competition shall be treated by me as privileged and confidential.
  3. Without limiting the generality of the above, I further agree:
  • Not to pass on to any third party any materials marked confidential.
  • To refrain from communicating or disseminating to any third party the contents of any information I receive that is marked confidential.
  • To ensure that any information given to me and marked confidential (e.g., case studies/results) is safeguarded and kept confidential and seen only by me.

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