​WHEREAS, Evenbound possesses unique skills, knowledge, and expertise which are desirable to a client; and

WHEREAS, a client may, from time to time, desire to hire Evenbound to provide specified professional services as reasonably required by the client and/or its Affiliates (as defined below);

• “Affiliates” shall mean, with respect to any specified individual or legal entity, any other individual or legal entity that, directly or indirectly through one or more intermediaries, is controlled by, or is under common control with, such specified individual or legal entity.
• "Client Information" means data, login credentials, materials, images and text which the client provides to Evenbound in digital or other readily usable format for use in performing the Project Services that is the confidential, intellectual property of the client.
• “Deliverables” shall mean, all intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trade secrets, know-how and other confidential information, trade dress, trade names, logos, together with all of the goodwill associated therewith; derivative works; and all other related rights in and to the documents, work product, and other materials that are delivered to the client under this Agreement or prepared by or on behalf of  Evenbound in the course of performing the Project Services.

• Services Generally. In accordance with the terms of this Agreement,  Evenbound agrees to provide the client with the Project Services and the client agrees to accept such services in accordance with the terms of this Agreement. The “Project Services” and additional terms applicable to those Project Services are contained and defined in the proposals and “Scopes of Work” (also referred to as “SOW”) and are incorporated into this Agreement.
• Additional Scopes of Work. The Parties may execute additional scopes of work between themselves. Such agreed to Scopes of Work shall be included in this Agreement and subject to it. The services to be provided under any additional Scopes of Work shall also be Project Services. In the event of a conflict between the terms of this Agreement and any Scopes of Work, this Agreement shall prevail.
• Scope of Work Modifications. Modifications to Scopes of Work (“Modifications”) executed between the Parties shall only be valid and binding on both Parties if in writing and signed by both Parties.
• Negative Scope of Services: The following services are not included in this proposal but may be included in a separate proposal: Photographer Fees, Printing, Software Licenses.
• Errors: All reasonable actions to ensure error free work will be taken, but cannot be guaranteed. Evenbound is not liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you've advised us of them.
• Performance of Services. Evenbound shall perform the Project Services in accordance with this Agreement. All Project Services shall be performed:
  • in a professional and good workmanlike manner with the industry standard skill and care used by members of the same profession and in accordance with the prevailing industry and local standards of  Evenbound ;
  • in accordance with, and subject to, the terms and conditions of this Agreement; and
  • in accordance with all applicable laws, regulations, ordinances and stipulations of authorities having jurisdiction over the performance of the Project Services, or over Evenbound.

• Deliverable Acceptance.  The client is solely responsible for viewing status reports and invoices to monitor progress of the Project Services. Unless written notice of a delay is given for a specific instance (and then no later than ten (10) days), within five (5) days following the delivery or presentation to the client of any Project Deliverable, the client shall provide Evenbound with written notice of any failure of a Project Deliverable to materially conform to the functional specifications and requirements set forth in this Agreement, including any applicable SOW. Such written notice shall set forth with specificity and with as much detail as  is needed for  Evenbound to fully and properly investigate the allegation. Upon such notice,  Evenbound and the client shall review the objections. If  Evenbound does determine that a material non-conformity exists;  Evenbound shall take commercially reasonable efforts to correct the non-conformity; after which, the Project Deliverable shall be deemed accepted by the client. The client shall be deemed to have accepted the Project Deliverable if  Evenbound does not receive written notice of the client's objections within five (5) days following the delivery or presentation to the client of any Project Deliverable.

• Term Generally. This Agreement shall commence as of the Effective Date and continue in full force until terminated pursuant to this Section 3 (the “Term”).
• Termination for Convenience. This Agreement, and any SOW executed pursuant to this Agreement, may be terminated for convenience by either Party by giving the other Party sixty (60) days prior written notice. Such notice must be given on the first day of a new billing period. No invoices will be prorated.
•     Automatic Renewal. At the expiration of the Period of the Agreement, this Agreement shall automatically renew for an additional Term unless the client provides Evenbound with a written termination notice at least 60 days before the expiration of the current Period of the Agreement. The terms and conditions of this Agreement shall apply to all renewal Periods, subject to such changes or modifications as may be mutually agreed to in a writing between an authorized representative of both parties. Authorization may not be given by any other representative or agent of Evenbound. Such agreed-upon modifications shall apply to any renewal terms.
• Termination for Cause. This Agreement, and any SOW executed pursuant to this Agreement, may be suspended or terminated For Cause by either Party upon five (5) days prior notice if a Party commits a material breach of a material provision of this Agreement and has not cured the same within such five (5) day notice period. "For Cause" shall include, without limitation, the occurrence of a client Delay. 
• Effect of Termination. Upon termination of this Agreement, or any SOW executed pursuant to this Agreement,  Evenbound shall cease performing the Project Services and the client shall not be liable for the cost of any Project Services satisfactorily performed after the effective date of the termination but the client shall be liable for all costs of the Project Services accrued until the effective date of the termination, including costs due as of the effective date of the termination, but not yet invoiced as of the effective date of the termination, and retainers paid. Termination of the Agreement shall also automatically terminate all SOWs executed pursuant to the Agreement.
• Client Delays. From time to time, Evenbound may need reasonable access to, and feedback from, the client resources and personnel, including, without limitation, access to development/test environments and login credentials in a timely manner to support the designing, building, testing and deployment of configurations, data migrations, Project Deliverables (as that term is defined in any applicable SOW) and integrations. The client shall provide such access and feedback in a timely and professional manner as to not delay provisioning of the Project Services. The client’s delay of Evenbound’s performance of its obligations under this Agreement (a “Client Delay”), by any means, including, without limitation, (i) the failure of the client to cooperate with or respond to a request of Evenbound, (ii) the failure of the client to timely provide the client Information to Evenbound’s, (iii) the failure of the client to meet deadlines for approval of Project Services, or (iv) requests from the client for modifications to a Scope of Work, shall be a material breach of this Agreement by the client. Any failure by Evenbound in its performance of its obligations under this Agreement resulting from a Client Delay shall not be deemed a breach of this Agreement or applicable SOW by Evenbound.

• Billable Hours. Evenbound hourly rate is $225 per hour. Requests above and beyond our allocated budget will be considered out-of-scope and an amendment to the budget will be recommended; out-of-scope and overage hours may be billed at the hourly rate. Additional Services, including additional fixes and requests, will result in additional charges and will potentially postpone the finish date. Additional Services include:(a) updates or changes, which are provided at the hourly rate, (b) fixed costs, which are separate from those listed in the Quote or Proposal, and (c) any other service or product not included in the proposal. Evenbound has the right to change any of the monthly charges with a 30 day written notice of such a change to the client.
• Reasonable Expenses. Any SOW issued in connection with the Project Services must include an estimate of any reasonably foreseeable third party expenses amounting to over $5,000 in the aggregate.  The client shall reimburse Evenbound for all reasonable expenses incurred or paid by Evenbound in connection with providing the Project Services, provided that Evenbound must seek pre-approval from the client in advance of incurring or paying such an expense that exceeds $1,000. 
• Deposit.  The client shall pay the Deposit amount, if any, set forth in the applicable SOW to Evenbound before Evenbound shall be required to begin any Project Services for that SOW.
• Invoices. Initial invoices are due on signature. The client agrees to pay subsequent invoices with 30 day payment terms.
• Form of Payment. All payments are to be made in U.S. dollars only. Payment shall be made and accepted in any of the following formats: American Express, Visa, Mastercard, or Discover Debit or Credit Card or ACH/Direct Deposit
• Late Payment. In the event that any amounts owed by the client to Evenbound are not paid in full within thirty (30) days of receipt of a valid invoice, the amount owed shall accrue, and the client shall pay Company, interest equal to the lesser of: (i) one and one-half a percent (1-½%) of the total amount owed by the client to Evenbound for each month past the Due Date compounded daily or (ii) interest compounded daily at the maximum interest rate allowed by law.
• Credit Card on File: A credit card shall be stored on-file, and given authorization to be charged should payment in full not be received by 15 days past the due date. 
• Collection Costs: In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
• Dispute. A client acknowledges that software implementation and digital marketing is dynamic in nature and time and cost estimates are solely estimates and may change. Any estimations, including, without limitation, project costs, hours required to complete a project or any tasks in a project are solely estimates and the client disclaims any reliance on them. A client is solely responsible for viewing invoices, status reports and updates. At the client's request, Evenbound shall provide the client with a report that may include screenshots & tasks performed during all billed hours, status reports and invoices to monitor progress of the Services. If the client reasonably, in good faith, disputes any portion of an invoice, Client shall pay the undisputed portion of the invoice in accordance with the terms this Agreement and submit a written claim to Evenbound, describing with specificity the reason for the dispute, the amount in dispute and the actions the client believes need to be taken to resolve the dispute within ten (10) calendar days of the receipt of the disputed invoice. If the client terminates this Agreement and/or pursues legal action as a result of a disputed invoice, the maximum amount that the client may recover is the amount of the disputed invoice. If any payment remains due for at least fifteen (15) days following the date it becomes due, then Evenbound in its sole discretion, may suspend the Services.  If any payment remains due for at least thirty (30) days following the date it becomes due and does not remain disputed in good faith by the client as set out above, then Evenbound, in its reasonable discretion, may terminate this Agreement, such termination being for-cause, in accordance with the provisions of Paragraph 3. Reinstatement of suspended Services shall require a payment of the total amount currently owed, including any disputed amounts plus a $300 as a reinstatement fee plus an amount equal to 10% of the amount overdue.  All taxes, fees and governmental charges relating to this Agreement provided hereunder (other than income taxes of Evenbound) shall be paid by the client.

• Evenbound Representations. Evenbound represents and warrants that:
  • it has the full right, power, capacity and authority to enter into and fully perform this Agreement and to perform or provide the Project Services;
  • it shall provide the client with prompt written notice of any legal or regulatory issues applicable to the execution of the Project Services of which Evenbound has actual knowledge;
  • its execution and delivery of this Agreement, and the performance by Evenbound of its Project Services, will not (a) constitute a violation of conflict with or result in a default under, any contract, agreement or instrument of any kind to which Evenbound is a party or by which it is bound, or (b) violate any judgment, decree, order, law, rule or regulation applicable to Evenbound.
• To the best of Evenbound’s knowledge, the Project Services as delivered do not infringe intellectual property rights of any other person or entity.  Notwithstanding the foregoing, Evenbound shall not be deemed to have breached the warranties contained in this Section to the extent that the client, modifies any deliverables of Evenbound in any manner, or to the extent that the Project Services are based on specifications, instructions or intellectual property provided by the client, incorporates third party materials, or incorporates client Information. 
• Client Representations. The client represents and warrants that:
  • The client owns or has the right to use and to sublicense to Evenbound all Client Information, and other intellectual property supplied by the client to Evenbound including the right to publicly display, publish, and distribute the Client Information that is not of a confidential nature on the Internet and to authorize Evenbound to use the same in accordance with this Agreement; (ii) the client is authorized to use the Client Information in connection with the advertising, promotion and exploitation of the Project Services as provided herein; and (iii) the use by Evenbound of any Client Information in accordance with this Agreement shall not violate the intellectual property rights of any third party.  Subject to the conditions contained in Section ‎5 hereof, the client agrees to defend, indemnify, and hold harmless Evenbound’s and its directors, officers, employees and agents from and against any claim, demand, cause of action, debt or liability (including reasonable attorneys’ fees) arising out of the breach of this Section.
  • The client has had the opportunity to and has conducted its own investigation into: (i) the fitness of any Deliverables or Project Services proposed by any SOW for the purposes of the client and (ii) the skills and abilities of the Evenbound client has had reasonable opportunity to consult with legal counsel concerning this Agreement. In deciding to enter into this Agreement, the client has not relied upon any representations, warranties, promises, materials or statements of Evenbound not explicitly embodied in this Agreement in determining whether the Deliverables or Project Services are fit for any particular purpose.

• Disclaimers Generally. The client acknowledges and understands that neither Evenbound, nor any of its employees, representatives, agents or the like, warrant that the Project Services offered or provided hereunder will not be interrupted, be error free, or completed in the absolutely most optimal and efficient manner.
• Evenbound Disclaimers. The Parties agree that, in respect to information and computer programs provided by Evenbound under this Agreement, except as expressly stated herein, EVENBOUND MAKES NO AND THE CLIENT DOES NOT RELY ON ANY, EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE DELIVERABLES OR SERVICES, OR THEIR CONDITION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE BY ANY CUSTOMER. EVENBOUND FURNISHES THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Except as expressly provided in this Agreement, Project Services are provided “as is” with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the user of such information or Project Services.
• NON-SOLICITATION OF EMPLOYEES. During the term of this Agreement and for a period of two (2) years thereafter, neither Party shall solicit, directly or indirectly, the employment of, nor hire (i) any of the other Party's employees, directors, officers or contractors, or (ii) persons who have been employees, directors, officers or contractors of the other Party in the six (6) months prior to being solicited by or hired by the soliciting Party. Notwithstanding the foregoing, a general solicitation by a Party in a newspaper or other publication not specifically targeted at employees of the other Party shall not be deemed a breach of this Section 7.

• Ownership Generally. Upon full acceptance and payment for each Project Service and subject to Section 8(B) and 8(C), Evenbound acknowledges and agrees that Deliverables arising from the fully accepted and paid for Project Services that are derived from the Client Information or are original works created by Evenbound specifically and solely for the client (collectively, the “Work Product”), are specially commissioned works made for hire (as defined under the U.S. Copyright Act), and the client shall be deemed the author of all such Work Product.  To the extent that such Work Product is not deemed a work made for hire under U.S. copyright law, Evenbound shall assign to the client all right, title and interest held by Evenbound in and to any such Work Product, including all Intellectual property rights therein, subject to Section 8(B) and 8(C).  The client, or its licensors, shall retain all right, title and interest to the Client Information. The client retains all rights to its own intellectual property and nothing in this Agreement shall be interpreted as the client conveying any intellectual property ownership rights. Nothing in this Agreement, including the terms of Section ‎8 hereof, shall be construed to in any manner prohibit or restrict Evenbound from redeveloping any Work Product provided such redevelopment does not use any Client Information.
• Exceptions. Except to the extent necessary to enjoy the use of the Deliverables as such use is understood by Evenbound as of the Effective Date, the client shall have no right or interest in any Work Product that does use or reference any property, or information owned or used by Evenbound before the Effective Date (“Evenbound Property”). Evenbound Property shall include, without limitation:
  • developer tools and applications, including but not limited to strategy documents, used or supplied by Evenbound in connection with software implementation or digital marketing;
  • any Framework for any software created under this Agreement. “Framework” means any property used by Evenbound to design, provide, develop, create, troubleshoot, improve or otherwise modify software or services or any other item for the client under this Agreement as well as any improvements, modifications or derivative works to or from any software, or other items owned by Evenbound. Evenbound grants to the client a perpetual, personal, non-assignable, non-transferable, non-exclusive object code license to use such Framework solely for the client’s use.
• Third Party Components. Evenbound may use third-party materials and open source components to the extent that such components do not materially interfere with or hinder the client’s rights and entitlements with respect to the Deliverables hereunder.  These third-party materials may contain their own terms of service and privacy policies; it is the responsibility of the client to review and abide by the terms of these additional agreements. The client represents and warrants that the client’s use of any third-party materials or components signifies the client’s independent consent to the terms of service and privacy policies of these third-party materials or components.
  

INDEPENDENT CONTRACTOR. The Parties to this Agreement are independent contractors, and nothing herein shall be construed as creating an employment, agency, franchise, joint venture or partnership relationship between the Parties.  Neither Party shall have any right, power or authority to enter into any agreement, or incur any obligation or liability, for or on behalf of, or to otherwise bind, the other Party without prior written consent of the other Party, except as otherwise expressly provided in this Agreement.

LIMITATION OF LIABILITY. Under no circumstances shall either Party be liable for lost profits or any incidental, special, exemplary, or consequential damages. Neither Party shall be required to indemnify except as required by the express terms of this Agreement. Except as set forth in Section 4(g), the total liability of Evenbound to the client under this Agreement or otherwise shall be limited to the value of any fees earned, accrued, paid or due by the client to Evenbound in the six (6) months immediately prior to the filing of a claim.

GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by the laws of Michigan without giving effect to Michigan’s choice of law provisions.  In the event either party breaches, or threatens to breach this Agreement, the non-breaching party may apply to a court of competent jurisdiction for injunctive or other equitable relief to restrain such breach or threat of breach, without disentitling the non-breaching party from any other relief in either law or equity.  The parties agree that any action related to this Agreement shall be venued solely in the Circuit Court for Ottawa County, Michigan, and the parties hereby irrevocably commit to the jurisdiction of said court for any such action. 

STATUTE OF LIMITATIONS. In the event of an alleged breach of this Agreement, any claim or potential claim must be brought within one (1) year of the termination of this Agreement.

NOTICES. All notices, consents and other communications required or permitted under this Agreement, specifically excluding service of process, shall be deemed sufficient if (A) delivered personally; (B) delivered by nationally-recognized courier service (i.e., FedEx, UPS); (C) delivered through electronic mail; or (D) delivered by U.S. mail, registered or certified, return receipt requested, postage prepaid. All such notices and communications should be directed to such Party’s notification address and instructions as provided on the signature page of this Agreement. Notices sent via electronic mail shall be deemed delivered, accepted and received upon dispatch.

CALL RECORDING. The client consents to Evenbound recording conversations for Evenbound’s own use only, solely for the completion of the Project Services, training, and quality improvement/assurance purposes. Recorded calls shall be held in strict confidence by Evenbound and not publicly disclosed unless ordered to by governmental authority. To the extent that such recorded calls contain voice recordings of the client employees or other third parties, Evenbound will obtain written consent from each and every person whose voice is recorded (including the client employees and third parties) to store such recorded calls using a consent form substantially similar to Exhibit 1, attached hereto. Evenbound will indemnify, defend and hold harmless the client from any loss, claim, suit or demand relating to or arising out of Evenbound recording conversations for the Project Services, including any costs or attorney’s fees incurred by the client as a result of such loss, claim, suit or demand.

USE OF ARTIFICIAL INTELLIGENCE. Evenbound integrates AI into our content development process to enhance efficiency. Our commitment to transparency, accountability, quality, and privacy is reflected in the internal AI usage standards we adhere to. These standards not only guard against biases and ensure data security but also uphold our dedication to ethical marketing practices. It is important to note that while AI is utilized to assist in content creation, it is not relied upon for complete automation. Each piece of content we produce undergoes thorough shaping and review by our team, who is knowledgeable in client audiences and well aware of AI's limitations. Our company strictly adheres to privacy standards and will not share any customer information with our AI tools or external entities, ensuring complete confidentiality and data protection, without express written consent. Evenbound will indemnify, defend and hold harmless the client from any liability, loss, demand, complaint or suit against the client arising out of or relating to Evenbound’s use of AI to develop content for the client regardless of the legal theory, including by way of example and not limited to, any liability, loss, demand, complaint or suit alleging negligence, intellectual property infringement, or non-compliance with any data security or data privacy law, regulation or standard.

ENTIRE AGREEMENT. Notwithstanding any non-disclosure agreements entered between the Parties, this Agreement, including any Exhibits or other documents specifically incorporated by reference, sets forth the entire agreement between Evenbound and the client with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the Parties. EVENBOUND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS NOT EXPRESSLY INCLUDED IN THIS AGREEMENT AND THE CLIENT HAS NOT RELIED UPON ANY REPRESENTATIONS NOT EXPRESSLY INCLUDED IN THIS AGREEMENT AND EXPRESSLY DISCLAIMS SUCH RELIANCE.

ENFORCEMENT. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect and the invalid provisions modified to the maximum effect legally allowed.

ASSIGNMENT. The Parties may not transfer or assign this Agreement without the prior written consent of the other Party to this Agreement; provided, however, that the client may freely assign this Agreement to a successor in interest in connection with a transfer of all or substantially all of the assets of the client, or an amount of its securities sufficient to transfer voting or management control.

NO WAIVER. Any waiver by either Party hereto of any breach of the terms and conditions hereof will not be considered a modification of any provision, nor shall such a waiver act to bar the enforcement of the subsequent breach. No waiver of any provision of this Agreement shall be valid unless in writing and signed by both Parties.

COUNTERPARTS. This Agreement may be signed in two counterparts, each of which shall be an original and, which taken together shall constitute one instrument.

FORCE MAJEURE. Notwithstanding anything to the contrary in this Agreement, neither Party shall be liable for any delay in, or failure to perform, any obligation under this Agreement, nor shall such delay or failure to perform constitute grounds for termination of this Agreement, provided such delay or failure is due in whole or in part to circumstances beyond that Party’s reasonable control, including, but not limited to, acts of God or other similar occurrences, any law, order, regulation, direction, action, or request of the federal, state or local government or any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more of said governments or of any civil military authority, national emergencies, pandemics, insurrections, riots, wars, strikes, lock-outs or work stoppages.  A force majeure as used herein does not include a financial crisis.

• PURPOSE: All Confidential Information provided by the client to Evenbound is to be used by Evenbound solely for Permitted Purpose.
• DISCLOSURE PROHIBITED: Evenbound agrees not to disclose Confidential Information to third parties without the express consent of the client. Evenbound is only permitted to share Confidential Information with its employees, officers, consultants, advisors, or representatives that have a need to know such information in order to fulfill or address the Permitted Purpose (“Evenbound Personnel”). 
  • INTELLECTUAL PROPERTY: No ownership or license (directly or implied) to Confidential Information under patent, trademark, copyright, or other intellectual property rights is being conveyed under this Information Security and Confidentiality Addendum.
  • DELETION: Evenbound shall delete all copies of Confidential Information upon the completion or conclusion of the Permitted Purpose or upon the client's request.

• ENCRYPTION: Evenbound shall utilize industry standard encryption methods when storing or transmitting Confidential Information. 
• PHYSICAL SECURITY CONTROLS: Evenbound shall have in place industry standard physical security controls to prevent the unauthorized physical access to both systems that contain or have the ability to access Confidential Information and any physical copy of Confidential Information.
• PREVENTION OF MALWARE AND CYBERATTACKS: Evenbound shall ensure that its systems include up-to-date antivirus software reasonably acceptable to the client to prevent viruses from reaching the networks or systems through Evenbound’s systems.  Evenbound shall take reasonable precautions to prevent unauthorized access to the client or customer(s)’ networks, systems, or software through Evenbound’s systems.  Evenbound is expected to back up its own files, maintain firewalls, and take such other precautions that will minimize the impact of any malfunction or computer error on its own systems.
• CHANGE OF EMPLOYMENT: In the event that any employee of Evenbound with access to Confidential Information experiences a change in employment statute, including, but not limited to, termination of employment or suspension, and such employee has either physical access or remote technical access to any information assets of the client, Evenbound shall immediately revoke such access and notify the client within one (1) business day.  ​

SECURITY INCIDENT REPORTING: SECURITY INCIDENT: In the event of any actual or suspected unauthorized access, processing, disclosure, transfer, theft, copying, or disposal of Confidential Information (“Security Incident”), Evenbound shall notify the client promptly, but in no event later than twenty-four (24) hours, after becoming aware of or reasonably suspecting said Security Incident regarding the nature of the Security Incident and the nature of the client’s Confidential Information known or reasonably believed to have been obtained or otherwise affected during such Security Incident.

SECURITY AUDIT: For a period of one (1) years after completion of the work, the client is permitted to audit Evenbound for compliance with this Information Security and Confidentiality Addendum during normal business hours and after giving reasonable advance notice.

CASE STUDIES and MARKETING USE: Subject to any confidentiality obligations under this Agreement, Evenbound may use the work performed or deliverables created under this Agreement for the purpose of developing case studies, marketing materials, or other promotional efforts. Such use shall not disclose any of the Client's confidential or proprietary information without prior written consent.