As part of the process of reviewing your application, AOL may directly or indirectly disclose to your company certain business, technological, or other information or communications, in any form or medium (such as orally or in writing), all of which AOL regards as confidential, regardless of whether or not such information is specifically described as such or otherwise marked as such (such information collectively "Confidential Information"). Confidential Information shall include, without limitation, any information or communications relating to AOL's peering application process, the nature or type of information requested by AOL as part of the process, your company's status as an applicant, and the status of your company's application. Confidential Information shall also include, without limitation, any information or communications that is derived from Confidential Information, as well as all copies of Confidential Information.
As a condition to, and as consideration for, AOL's review of your company's application, your company hereby agrees to maintain the Confidential Information in confidence and not disclose it to any party other than to AOL, and to use it for the sole purpose of cooperating with AOL in its review and processing of your company's application. Your company hereby agrees that the application process does not require AOL to disclose any Confidential Information, and that any disclosure of Confidential Information does not grant your company any intellectual property rights in such information beyond the limited right to use the Confidential Information for the purpose described above. At the conclusion of the application process, upon AOL's request, your company hereby agrees to return or destroy (as directed by AOL) Confidential Information in your company's possession (including without limitation all copies). Your company agrees that AOL shall be entitled to, and agree to waive any objection to, an injunction or any appropriate decree of specific performance from a court for any actual or threatened violations by your company of the above terms, regardless of whether AOL shows any actual damages.
You hereby certify that you have the requisite power and authority to bind your company to these terms, and to submit this application, on behalf of the company that you identify in the application form below.