DECLARATION AND ACKNOWLEDGEMENT 1. INTRODUCTION This declaration and acknowledgement to be made by yourself (“the User”) will be in addition to the acknowledgements made by you pursuant to the Website Terms and Conditions of Use relating to the Compliance Portal Functionality provided by the Direct Marketing Association of South Africa (“DMASA”) through the website located at the following URL https://dmasacomplianceportal.org/DMASA (“the Website”). 2. RECORDAL 2.1 Pursuant to making use of this judging feature (hereinafter referred to as the “Assegai Judging Portal”), the DMASA will provide certain Confidential Information in relation to judging of the Assegai Awards in a format for use on your own personal electronic device and/or computer. 2.2 In light of the above, and by clicking the button “I accept these Terms and Conditions”, you agree to be bound by the terms and conditions set forth in this document. 2.2.1 Confidential Information, meaning all and any information or data, whether oral or written, of any nature, and in any format or medium, which is confidential and/or proprietary or ought reasonably to be identifiable as confidential and/or proprietary to the DMASA, and which is disclosed to or received by, or which may come to the knowledge of the User, and in particular includes, but is not limited to the judging material, and any design know-how and any information of any nature provided to the User prior to or pursuant to providing but excludes information which: 2.2.1.1 is or comes into the public domain otherwise than by disclosure or default by the User; or 2.2.1.2 was or is lawfully obtained or available from a third party who was lawfully in possession of the same and free to disclose it. 2.2.2 Procedures; techniques; formulae; methodologies; systems; services; business methods; pricing; know-how; intellectual property; data or any other information shall not be disclosed to any other person or enterprise as detailed below. 3. UNDERTAKINGS OF THE SIGNATORY 3.1 The User undertakes to maintain the confidentiality of the Confidential Information and will not divulge or permit to be divulged, either directly or indirectly, to any person whatsoever, the Confidential Information or any portion thereof, including but not limited to any party which is a competitor of the DMASA or which otherwise provides marketing or advertising services of any kind, save in circumstances where the DMASA has provided its express consent in writing. 3.2 The User shall take all such steps as are necessary to prevent the Confidential Information, or any portion thereof, from falling into the hands of an unauthorised third party. 3.3 The User shall not use or exploit any part of the Confidential Information, directly or indirectly, in any way and for any purpose, without the prior written consent of the DMASA having first been obtained, which consent the DMASA shall be entitled to withhold or grant in its sole, absolute and unfettered discretion. 3.4 The User shall not use or exploit or attempt to use or exploit the Confidential Information in any manner which will cause or be likely to cause harm, damage, injury or loss to the DMASA. 3.5 All documentation and Confidential Information furnished to the User shall at all times remain the property of the DMASA and the furnishing of such documentation and Confidential Information to the User shall not confer on the User any rights of any nature whatsoever in or to such documentation and Confidential Information, ownership of such remaining fully vested in the DMASA at all times. 3.6 The User shall not save, copy, store or in any other manner cause the Confidential Information to be saved, stored or shared unless specifically directed to do so by the DMASA.