Originally Posted by s219:
SharonW, I'm just saying, an NDA is entered into *before* one party discloses sensitive information to another party. In the case of sales numbers between Palm and Sprint, I am fairly certain they both have their own inventory tracking systems, so they independently know the sales numbers. There would be no point in one of the parties asking the other to sign an NDA in that case, since the info is not private to just one party. However, Palm and Sprint may well have a contract clause that says neither company can release sales numbers without the other's consent. That makes more sense.
Even in cases where NDAs are used to protect financial or sales info, it's only done for info that is privy to just one of the parties. For instance, Palm might ask for an NDA if they were pitching a phone to Sprint and that pitch included confidential sales data from other devices. That's a perfect situation for an NDA.
NDAs are a matter of course when two parties enter into almost ANY agreement. The exclusivity arrangement is such an agreement. The portion of your post that I have bolded is exactly what I was saying. I'm not quite sure why you thought otherwise, except that you still seem to have a limited view of what NDAs do, let alone how that might be built into an exclusivity agreement. In no way are NDAs limited to information one party possesses. I have no idea why you even think that other than, like I previously said, your limited exposure to NDAs as a developer.
Let me reiterate the pertinent portion of Wikipedia's explanation:
"confidential material, knowledge, or information
that the parties wish to share with one another for certain purposes, but wish to restrict access to by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement."
Therefore, assuming you now understand the broad nature of NDAs, you are in essence, agreeing with me. Regardless of whether you choose to view it as an NDA clause or some other exclusivity of information arrangement, you agree with the
pertinent essence of my post...that they could have jointly signed an agreement to NOT discuss particular sales numbers without the others consent. Right?