Executive Success Programs (ESP) requires students to sign a “Confidentiality Agreement” before taking courses. It has been ESP policy not to give students a copy of a fully executed agreement.  Oftentimes, students were told that an ESP official would sign later and give it to them. But numerous students told me ESP never returned their signed agreement.  Many students don’t know what they signed.

In the public interest, Frank Report is publishing the complete “Confidentiality Agreement” so students can see the terms they agreed to, so they can know what they agreed to keep confidential.

A federal judge ruled that nothing about ESP is confidential when a student is not wearing the colored sash and the 12 point “Mission Statement” has not been read.

You must also recite the 12 Point Mission Statement in order for the “Confidentiality Agreement” to apply to any conversations you have or anything you overhear.

Confidentiality Agreement

© 2002, Executive Success Programs, Inc. All rights reserved.
CONFIDENTIALITY AGREEMENT
This Agreement, effective ____,____,_____ , is among:
First Principles, Inc. with a principal place of business at
455 New Karner Road, Albany, NY 12205,
Executive Success Programs, Inc. with a principal place of business at
455 New Karner Road, Albany, NY 12205,
Nancy Salzman with a residence or principal place of business at
455 New Karner Road, Albany, NY 12205,
Keith Raniere with a residence or principal place of business at
455 New Karner Road, Albany, NY 12205, and
_____________________________Your name) with a residence or principal place of business at
____________________________________________________________________________.
WHEREAS “CONTRACTOR” refers to each and every of: First Principles, Inc.,
Executive Success Programs, Inc., Nancy Salzman, and Keith Raniere;
WHEREAS “RECIPIENT” refers to _____________________________________; and
WHEREAS CONTRACTOR has a legitimate and protectable interest in protecting its
Proprietary and Confidential Information relating to its programs, said programs including, inter alia, workshops and education, and said programs hereafter called “TRAINING”.
NOW, THEREFOR, for good and valuable consideration set forth herein,
CONTRACTOR and RECIPIENT agree as follows.

1. Definition
“Proprietary and Confidential Information” includes all proprietary and confidential
information generally associated with TRAINING and communicated to RECIPIENT during the course of an Instruction, said proprietary and confidential information pertaining to, inter alia, inventions, Improvements, copyrighted material, trademark material, Trade Secret material, software, hardware, technical information, business information, financial information, marketing information, information specifically identified to RECIPIENT as proprietary or confidential, and any information which RECIPIENT should reasonably regard as proprietary or confidential, wherein said proprietary or confidential information is communicated to RECIPIENT in the form of, inter alia, written materials, oral disclosures, verbal communications, visual communications, graphic materials, pictorial materials, data files, and
software.

“Instruction” includes communication of information relating to TRAINING, to
RECIPIENT by Discloser, said communication occurring orally, in written form, graphically, pictorially, visually, by sound, by data transmission, by conveyance of property, or demonstratively.

“Discloser” includes CONTRACTOR’s officer or director, CONTRACTOR’s agent or
employee, or other person, authorized by CONTRACTOR to disclose Proprietary and
Confidential Information to RECIPIENT.

“Trade Secret” material includes any information or materials that are valuable to
CONTRACTOR, and not generally known by CONTRACTOR’s competitors. Trade secrets are essential assets of CONTRACTOR acquired at great time and expense.
“Improvements” shall mean (a) any modification of the Proprietary and Confidential
Information that performs the same or similar function in a better or more economical manner; (b) any beneficial modification or addition of material used in conjunction with Proprietary and Confidential Information; or (c) anything that performs the same or a similar function as the Proprietary and Confidential Information.

“Third Parties” shall mean all persons other than Discloser and RECIPIENT, said all
persons including, but not limited to, RECIPIENT’s family members, friends, employees, employers, agents, representatives, associates, and co-workers.

2. Exclusions
Proprietary and Confidential Information does not include any Information which:
(a) was in RECIPIENT’s possession or was known to RECIPIENT, without an obligation
to maintain confidentiality of said Information, before said Information was disclosed to RECIPIENT as Proprietary and Confidential Information, and such possession or knowledge is shown in a prior written record;
(b) is or becomes lawfully available to RECIPIENT from a source other than Discloser,
and through no fault of RECIPIENT, wherein the source has a lawful right to disclose said Proprietary and Confidential Information to RECIPIENT;
(c) was independently developed by, or for, RECIPIENT prior to this Agreement, and
such independent development is shown in a prior written record; or
(d) is disclosed by RECIPIENT following CONTRACTOR’s prior written consent, said
disclosure limited to a time period stated in said prior written consent, and only if said prior written consent has not been revoked by CONTRACTOR.

3. Nondisclosure
In consideration for disclosure of Proprietary and Confidential Information to
RECIPIENT, RECIPIENT agrees to protect such Proprietary and Confidential Information against disclosure to any Third Party/Parties. RECIPIENT also agrees to safeguard Proprietary and Confidential Information with the same degree of care as RECIPIENT would normally use to protect his/her own proprietary and confidential Information, but in no case with anything less than a reasonable degree of care. RECIPIENT agrees that, without CONTRACTOR’s prior written consent obtained within the preceding 30 days and said prior written consent has not been revoked by

CONTRACTOR, RECIPIENT will not:
(a) disclose or make available in any way Proprietary and Confidential Information to
any Third Party;
(b) make, have made, or permit to have made any copies, records, or other reproductions of Proprietary and Confidential Information; or
(c) make any commercial or personal use of Proprietary and Confidential Information, including, inter alia, use for: therapy, teaching, consulting, entertainment, business activity, conflict resolution, personal development, family activity, and relationship enhancement.

4. Improvements
RECIPIENT agrees to promptly (within 30 days) disclose to CONTRACTOR any
Improvements which were conceived of or made by RECIPIENT during the course of an Instruction, or within two years following the latest Instruction received by RECIPIENT.

5. Term
This Agreement, and RECIPIENT’s duty to maintain confidentiality of Proprietary and
Confidential Information, shall remain in effect until:
(a) all of the above described Proprietary and Confidential Information becomes public knowledge, through no fault of RECIPIENT; or
(b) RECIPIENT receives written notice from CONTRACTOR releasing RECIPIENT
from this Agreement.

6. No Rights Granted
RECIPIENT understands and agrees that this Agreement in no way constitutes a grant, or any intention or commitment to grant any right, title or interest in Proprietary and Confidential Information to RECIPIENT.

7. CONTRACTOR’s Rights
Under the terms of this Agreement, CONTRACTOR is the sole owner of, and is entitled
to the exclusive use, sale, manufacture, reproduction, modification, and disclosure of:
(a) all materials and information created by, or for, CONTRACTOR in preparation for, in the course of, or in connection with, an Instruction;
(b) any modifications or improvements made by, or for, CONTRACTOR in preparation
for, in the course of, or in connection with, an Instruction; and
(c) any improvements, materials, and information, in connection with Proprietary and
Confidential Information, made by RECIPIENT in preparation for, in the course of, or in connection, with an Instruction.

8. Return of Materials
Upon CONTRACTOR’s request, RECIPIENT shall promptly (within 30 days) return all
original materials provided by Discloser to RECIPIENT, and any copies, records, extensions, derivations, or notes made thereof or therefrom, in RECIPIENT’s possession pertaining to Proprietary and Confidential Information.

9. Warranty
CONTRACTOR warrants that Discloser has the right to make the disclosures under this Agreement. CONTRACTOR makes no further warranty with regard to RECIPIENT’s use and/or success as a result of receiving Proprietary and Confidential Information, disclosed during the course of an Instruction.

10. Injunctive Relief

RECIPIENT recognizes and acknowledges that any breach of this Agreement by
RECIPIENT may cause irreparable harm to CONTRACTOR, for which monetary damages may be inadequate. RECIPIENT agrees that CONTRACTOR shall be entitled to an injunction to restrain RECIPIENT from any such breach, suspected breach, or threatened breach. Nothing in this Agreement shall be construed as preventing CONTRACTOR from pursuing any other form of remedy at law or in equity for any such breach, suspected breach, or threatened breach.

11. Attorney Fees
In the event any legal action arises relating to this Agreement, the prevailing party is
entitled to recover all court costs, expenses and reasonable attorney fees.

12. Integration and Modification
This Agreement embodies the entire understanding of RECIPIENT and CONTRACTOR
with respect to the subject matter herein. All additions and modifications to this Agreement must be made in a writing, signed by both RECIPIENT and CONTRACTOR, unless Provision 13 applies.

13. Non-Material Modifications
Upon written notice to RECIPIENT, CONTRACTOR may make any subsequent change
to this Agreement, unless RECIPIENT informs CONTRACTOR in a signed written response to said written notice, within 7 days of RECIPIENT’s receipt of said written notice: that said subsequent change would materially affect RECIPIENT’s right and duties under this Agreement; and how said subsequent change would materially affect RECIPIENT’s right and duties under this Agreement.

14. Applicable Law
This Agreement shall be deemed to be a contract made under the laws of the state of New York , and for all purposes shall be interpreted and construed in its entirety in accordance with the laws thereof. Disputes arising out of this Agreement shall be determined in a court of the state of New York.
.
15. Invalidity
If any portion of this Agreement is adjudicated to be invalid or unenforceable in the
governing jurisdiction, the remainder shall be enforceable against CONTRACTOR or
RECIPIENT, and the invalid or unenforceable portion shall be reformed, if possible, to be as close to the invalid or unenforceable portion as enables said reformed portion to be valid and enforceable, and said reformed portion shall reflect a most favorable interpretation of the invalid or unenforceable portion, both in letter and inferences to the advantage of CONTRACTOR.

16. Section Headings
The headings of the numbered sections of this Agreement are for convenience only and ease of reference only, and shall not be deemed to alter or effect any provision of this Agreement.

17. Consideration
In consideration for disclosure of Proprietary and Confidential Information to
RECIPIENT, RECIPIENT shall protect such Proprietary and Confidential Information in
accordance with Provision 3 of this agreement.
.
IN WITNESS THEREOF, CONTRACTOR and RECIPIENT intending to be legally bound
hereby execute this Agreement.
RECIPIENT
By: Date:
Printed Name:
Title:
Witness: Date:
Printed Name:
First Principles, Inc.
By: Date:
Printed Name:
Title:
Witness: Date:
Printed Name:
Executive Success Programs, Inc.
By: Date:
Printed Name:
Title:
Witness: Date:
Printed Name:
Nancy Salzman
By: Date:
Printed Name:
Title:
Witness: Date:
Printed Name:
Keith Raniere
By: Date:
Printed Name:
Title:
Witness: Date:
Printed Name:

 

***

The 12 Point Mission Statement.

By Keith Raniere

Success is an internal state of clear, honest knowledge of what I am, my value in the world and my responsibility for the way I react to all things.

There are no ultimate victims; therefore, I will not choose to be a victim.

I am committed to be successful. I understand that each of us must raise ourselves – and thereby raise all others – as all others raise us. This is interdependence.

Success in my own right is my earned success. True success cannot be stolen, copied or received by happenstance. I will not masquerade as successful by these methods or any other. I will earn my success.

Tribute is a form of payment and honor. It is giving credit where credit is due. I will use tribute to uphold others beyond my petty likes and dislikes. As a result I will define my self and my true contribution to humankind.

Successful people do not steal and they have no desire or need to steal. I will not steal anything; I will always earn what I need and desire. Copying without permission, or tribute, is not the highest form of flattery, it is theft. Theft is also taking or receiving something without fully earning it; it is always at the expense, no matter how small, of others.

Inner honesty and integrity are the highest human values and the foundation of the human psychology. All other values arise from them. I will never trade my integrity or inner honesty for any other value. It is never worth it.

The methods and information I learn in ESP are for my use only. I will not speak of them, or in any way give others knowledge of them, outside ESP. Part of the condition of being accepted into ESP is to keep all its information confidential. If I violate this, I am breaking a promise and breaching my contract, but more importantly I am compromising my inner honesty and integrity.

True success is never at the expense of others. As a successful individual, I will never envy another’s success. I will rejoice because I realize the success of others raises me up just a little bit more because I am also part of the human team. The actualization of human potential by anyone is a tribute to all team humankind. If others are successful, I will protect their success against those that envy them. I pledge to purge myself of all parasite and envy-based habits and replace them with the habits of effort and interdependence.

I will unreservedly accept the success I have earned. I will accept no more and no less. This is accepting with integrity. I will give unreservedly to those who have earned it. This is giving with integrity. I will accept with integrity as easily as I give with integrity. To not accept what I am worth, or what I have earned, is to devalue myself and thereby all others.

People control the money, wealth and resources of the world. It is essential for the survival of humankind for these things to be controlled by successful, ethical people. I pledge to ethically control as much of the money, wealth and resources of the world as possible within my success plan. I will always support the ethical control of these things.

A world of successful people will be a better world indeed, a world devoid of human hunger, theft, dishonesty, envy and insecurity. People will no longer try to destroy each other, steal from each other, down each other or rejoice at another’s demise. Success, ethics and integrity are co-inspirational. I pledge to share and enroll people in ESP and its mission for myself and to help make the world a better place to live.