GEL X Confidentiality and Embargo Agreement

This Agreement is made on [date] between:

Kendal Mint Company Ltd, trading as Kendal Mint Co®, company number 11632597, whose registered office is Kent Vale Mint Cake Works, Low Fellside, Kendal, England, LA9 4NH (“KMC”);

and

You, the recipient.

 

1. Purpose

KMC is providing the Recipient with early access to its new product, KMC NRG GEL X (“GEL X”), before its public launch.

In return for receiving this early access, information and/or product samples, the Recipient agrees to comply with this Agreement.

2. Confidential information

“Confidential Information” means any non-public information relating to GEL X that KMC shares with the Recipient, whether in writing, verbally, digitally or through the product itself. This includes:

• The existence and appearance of GEL X before its launch.
• Product photographs, videos, packaging and samples.
• Ingredients, formulation, taste, nutritional information and product claims.
• Pricing, availability, marketing materials and launch plans.
• Any other information identified as confidential or which would reasonably be understood to be confidential.

3. Embargo

GEL X is under embargo until KMC makes its official public launch announcement on 17 August 2026.

Before the embargo lifts, the Recipient must not:

• Announce, publish, post, photograph, film or otherwise disclose GEL X publicly.
• Share Confidential Information with any third party.
• allow another person to access, photograph, test or examine the product.
• Publish reviews, reactions, hints, “teasers” or content that could reveal the product or its launch.
• Contact the media or any retailer, competitor or other business about GEL X.

Content may be prepared in advance but must not be published until KMC confirms that the embargo has lifted.

4. Permitted use

The Recipient may use the Confidential Information only to:

• Preview or test GEL X.
• Provide private feedback directly to KMC.
• Prepare launch content for publication after the embargo has lifted.
• Carry out another activity expressly approved by KMC in writing.

The Recipient must take reasonable steps to keep the product and all related materials secure.

5. Continuing confidentiality

Once the embargo has lifted, the Recipient may share information that KMC has officially made public.

Any formulation, manufacturing, commercial or other information that KMC has not made public must remain confidential for three years from the date of this Agreement. Any genuine trade secret must remain confidential for as long as it remains a trade secret.

6. Exceptions

The obligations in this Agreement do not apply to information that the Recipient can show:

• Was already lawfully known to them without a duty of confidentiality.
• Becomes publicly available other than through a breach of this Agreement.
• Is received lawfully from another person entitled to disclose it.
• Must be disclosed by law, a court or a regulator.

Where legally permitted, the Recipient must notify KMC before making a required disclosure.

Nothing in this Agreement prevents anyone from reporting a crime, making a protected disclosure, cooperating with a regulator or obtaining confidential legal advice.

7. Breach

The Recipient must notify KMC immediately if they become aware of any unauthorised access, loss or disclosure.

The Recipient acknowledges that an unauthorised disclosure could cause KMC significant harm and that KMC may seek an injunction, damages or any other remedy available under law.

8. Creator and endorsement disclosure

Nothing in this Agreement requires the Recipient to publish content or give a positive review.

If the Recipient publishes content after the embargo and has received a free product, payment or another benefit from KMC, they remain responsible for clearly disclosing that relationship in accordance with applicable advertising and consumer-protection rules.

9. General

This Agreement contains the entire agreement between the parties concerning the confidentiality and embargo of GEL X.

Any change must be agreed in writing. Electronic signatures and electronic acceptance are valid.

This Agreement is governed by the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.