Please review these terms and conditions (the “VIBE Site Additional Terms of Use”), which govern your use of Renewal by Andersen LLC’s (“Renewal”) VIBE Site (the “VIBE Site”).  The VIBE Site Additional Terms of Use are in addition to the Renewal Terms of Use. Your use of any of the VIBE Site constitutes your unconditional agreement to be bound by these terms and conditions without any modification by you. Please review the VIBE Site Additional Terms of Use carefully. If you do not agree to the terms, do not use the VIBE Site.  The VIBE Site Additional Terms of Use inure to the benefit of Renewal and its parent, subsidiaries and affiliates.  The VIBE Site Additional Terms of Use supplement the Renewal Terms of Use, which also govern your use of the VIBE Site.  Any conflict between the terms of the VIBE Site Additional Terms of Use and the Renewal Terms of Use will be resolved in favor of the VIBE Site Additional Terms of Use.  For the avoidance of doubt, any reference to “you” in these VIBE Site Additional Terms of Use or the Renewal Terms of Use will include, but is not limited to, the company for which you are accessing the VIBE Site and you agree that you have authority to bind such company to such terms.

Confidentiality

Confidential Information” means information that is not generally known and that is proprietary to Renewal, Andersen Corporation (“Andersen”), and/or any of their affiliates or that Renewal, Andersen, and/or any of their affiliates is obligated to treat as proprietary, including, without limitation: (i) trade secret information about Renewal, Andersen, and their products; (ii) information concerning Renewal’s and/or Andersen’s business, as they have conducted it or as they may conduct it in the future; and (iii) information concerning any of Andersen’s and/or Renewal’s past, current, or possible future products, including (without limitation) information about Andersen’s and/or Renewal’s research, development, technology, engineering, purchasing, manufacturing, accounting, marketing, selling or leasing.   Confidential Information does not include information (i) which becomes publicly available from a source other than me, or (ii) which is received by me from a source which has the right to disclose such information and did not obtain the information directly or indirectly from employees or agents of Renewal or Andersen, or (iii) for which disclosure thereof Renewal or Andersen have consented in writing. 

You agree to never use or disclose Confidential Information to any person not authorized by Renewal or Andersen to receive it.  All information on the VIBE Site is deemed Renewal’s Confidential Information unless expressly provided herein.  You will promptly turn over to Renewal all records and any compositions, articles, devices, software, apparatus, and other items that disclose, describe, or embody Confidential Information, including, but not limited to, all copies, reproductions, and specimens of the Confidential Information in your possession, regardless of who prepared them, upon Renewal’s request.  You agree that the foregoing confidentiality obligations are in addition to any confidentiality obligations in any other agreement between your and/or your company, on the one hand, and Renewal, on the other hand.  You agree that a violation of these confidentiality obligations may cause irreparable harm to Renewal and/or Andersen and that Renewal and/or Andersen will be entitled to injunctive relief and specific performance, in addition to any other remedies available at law or in equity.  You agree that the confidentiality obligations survive termination or your relationship with Renewal and will be in full force and effect until the Confidential Information meets an exception to its definition noted above.   

Regardless of anything to the contrary in the “Licensing and Permissions” Section of the Renewal Terms of Use, if you are a Renewal non-corporate owned affiliate with a valid Retailer Agreement in place with Renewal then you may use the material on the VIBE Site for your internal business purposes that are related solely to selling Renewal products only as long as both (i) your Retailer Agreement is in place with Renewal and (2) Renewal has not provided you with notice that you are not allowed to use the material on the VIBE Site or that you previously received through the VIBE Site.  You will immediately cease using any materials on, or received from, the VIBE Site upon (x) Renewal’s request that you stop using such materials or (y) your Retailer Agreement terminating or expiring.  You will then return or destroy all materials you received from the VIBE Site upon the occurrence of (x) or (y).  This paragraph only modifies the “non-commercial use” restriction in the “Licensing and Permissions” Section of the Renewal Terms of Use and you are still subject to all the other restrictions in the “Licensing and Permissions” Section of the Renewal Terms of Use.