During the Consultant’s independent contractor relationship with the Company, the Company agrees to provide the Consultant with Confidential Information (defined below) to which the Consultant has not previously had access. For purposes of this Agreement “ Confidential Information ” includes trade secrets or confidential information of the Company, including, without limitation: current or prospective client, referral source, business partner, investor and/or vendor identity, contact, preferences, upcoming needs, lists, databases and/or other information and/or history; contracts; processes; technical data; pricing, costs, marketing, sales, business, and/or other strategies, plans, studies or practices; designs; testing results; business and/or financial information; management methods and/or information; any original works of authorship by the Company or any of its affiliates or subsidiaries; or other business information disclosed to the Consultant by the Company or any of its affiliates or subsidiaries prior to or after the Effective Date, either directly or indirectly, in writing, orally, or by drawings or observation and including, without limitation, any of the information described in this sentence relating to the Company, Pro Fit Optix, Inc. or any of either of their affiliates or subsidiaries, whether obtained by, or provided to, the Consultant prior to or after the Effective Date. The Consultant understands and agrees that the Company is not required to provide the Consultant with all of the types of Confidential Information listed in the preceding sentence, but that the Company will provide the Consultant with access to some of these types of Confidential Information in a manner and at a time in the Company’s sole discretion. In exchange for the Company’s promise to provide the Consultant with Confidential Information, the Consultant shall not, during the Term or at any time thereafter, take, disclose, publish, use, exploit, or solicit, allow or assist another Person to use, take, disclose, publish or exploit any Confidential Information, except as: (a) required in the ordinary course of the Company’s business directly related to the Consultant’s provision of the Services and for the benefit of the Company; or (b) required by law. The Consultant represents that the Consultant’s performance of all the terms of this Agreement and the Consultant’s Services for the Company do not, and will not, breach any agreement with any third party. The Consultant will not, and acknowledges that the Company has specifically instructed the Consultant not to, disclose to the Company, use, or induce the Company to use any confidential or proprietary information or material belonging to any third party. The Consultant also will not use any third party’s confidential or proprietary information in the performance of the Consultant’s Services, except as expressly authorized by such third party in writing. Additionally, during the Consultant’s independent contractor relationship, the Company or the Consultant through the provision of the Services may receive from third parties their confidential information, including without limitation nonpublic personal and financial information, including, but not limited to, credit and/or debit card information. The Consultant agrees to hold all such confidential information in the strictest confidence and not to take, use, publish, exploit or disclose it to any Person, except as necessary in the course of the Consultant’s provision of the Services and in accordance with any use agreement between the Company and such third party. Furthermore, upon the termination of the Consultant’s independent contractor relationship with the Company for any reason, the Consultant shall continue to comply with the nondisclosure requirements of this Section 6. 1 and shall immediately return and deliver to the Company any and all Confidential Information and all other Company documents and items – whether in hard or digital form – and all copies thereof which belong to the Company or relate to the Company’s business or the business of any of the Company’s affiliates or subsidiaries and which are in the Consultant’s possession, custody or control, whether prepared by the Consultant or others. The Consultant further agrees that, after the Consultant provides a copy of such information or documents to the Company, the Consultant will immediately delete and write over any information or documents relating to the business of the Company or any of its affiliates or subsidiaries from any computer, cellular phone or other digital or electronic device owned by the Consultant and, upon request by the Company, provide to the Company a sworn certificate of the destruction required by this Section 6 .1 .