Before you fill out the intial survey you need to declare if you can accept the non-disclosure

agreement below:
DECLARATION

The undersigned _______________________, (mother’s name:

______________________, permanent address:
_______________________________________)
I hereby make the following statement:
1. I hereby declare that I am engaged in the testing or research as per ad-hoc assignments
by TESTBIRDS GmbH (seat: Radlkoferstr. 2, 81373 München., Germany, hereinafter
”Testbirds“) under the terms and conditions set forth in the ad-hoc assignment contract and
the General Contractual Terms and Conditions of Contract of Testbirds (hereinafter the
“GTC”), in this case in the course of the project called “Streaming service bug test on
different devices” (hereinafter the “Project”). The provisions set forth in this declaration are
hereby supplemented to those contained in the ad-hoc contract and the GTC regulating my
assignment.
2. I acknowledge the fact that in the course of the Project especially the following types of
information shall be considered to be of confidential nature (hereinafter the “Confidential
Information”):
2.1. all business information, procedure, know-how, design, fact, solution or data regarding
which Testbirds or its business partners, its right holders or distributors have an equitable
interest to keep confidential.
3. The types of information enlisted above in clause 2 shall be deemed Confidential
regardless whether they were disclosed to me during testing or live operation.
4. I hereby oblige myself to treat all Confidential Information as trade secret, not to disclose
those, either in whole or partially, to any third party and to make all reasonably expected
steps that may be necessary to keep them as secrets. I shall make all necessary precautions
to prevent any third party from accessing information containing business secret.
5. In case I am obliged to forward or disclose the Confidential Information by a decision or
order of any court or authority or by virtue of the law, I shall inform Testbirds thereof in writing
without delay, should my legal position allow it.
6. I acknowledge that I shall bear full responsibility for my breaching the obligation of
secrecy, in which case I shall be obliged to pay liquidated damages to Testbirds as a lump
sum remedy. The amount of the liquidated damages for each instance of breach of contract
or unlawful conduct shall be equal to the damages caused by the same but shall not exceed
10.000€ in total.
7. I am aware of the fact that my obligation to keep Confidential Information shall continue
after the end of the Project without time limitation.
7.1. I hereby consent to the usage of my picture. I hereby authorise Testbirds to use these
recordings and pictures in connection with the Project, to hand them over to the client and to
its affiliates. These recordings may be used and stored until the 5th anniversary of their
making by Testbirds or those third parties to whom these companies have lawfully
transferred them.
..... [place], …………….. [date]
………………………. [signature]