If the parties intend to enter into a reciprocal trade agreement, to exchange confidential information such as customer lists, know-how, supplier lists or trade secrets, a confidentiality clause should be included in the reciprocal business agreement. This clause should specify what information is considered confidential, who has access to this information, how the information can be used and how it is processed after the termination of the contract. A confidentiality agreement should indicate the consequences of wilful or intentional disclosure of confidential information. Parties may also consider adding a reciprocal release clause to their business agreement depending on the circumstances. An unlocking clause is in fact only a promise not to complain. A well-developed mutual release clause should define the types of rights that companies agree not to bring and what type of claim is considered appropriate for legal action. For example, companies may agree to free each other from any third-party claims, but agree that they can sue each other for infringement on the basis of the terms of the reciprocal business contract. In a reciprocal trade agreement, the names and addresses of the parties, when the agreement begins, must indicate the duration of the agreement and a basic description of cooperation between the companies. For example, in a reciprocal trade agreement, it could be said: “XYZ will regularly provide customer recommendations to ABC. In exchange for any successful recommendation, ABC will pay XYZ $3,000. In addition, a reciprocal business agreement should determine how the parties can terminate the contract and what type of termination is required.
A conventional framework, also known as a joint enterprise agreement or mutual cooperation agreement, is only a contract that recalls the agreement between two parties who cooperate for a common purpose. Since the nature of the business will be different, reciprocal trade agreements will also be different. However, most reciprocal trade agreements contain similar elements, such as mutual release and confidentiality agreement, for example.B.