NDA vs. NDAATAMAS
A Stormy Time for Donald the Dumb


I’m not a lawyer nor am I a business person. In reality, I am a novice when it comes to nondisclosure agreements (NDA). Consequently, I needed to do some in-depth research on NDAs before writing this essay regarding Donald the Dumb’s NDA with Stormy Daniels.


I wonder how sexy Donald the Dumb is on a scale of 1-10?


My research included looking on the Internet. I pulled up a sample of a NDA.


This Nondisclosure Agreement (the "Agreement") is entered into by and between _______________ with its principal offices at _______________, ("Disclosing Party") and _______________, located at _______________ ("Receiving Party") for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information ("Confidential Information").

1.     Definition of Confidential Information. For purposes of this Agreement, "Confidential Information" shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with the word "Confidential" or some similar warning. If Confidential Information is transmitted orally, the Disclosing Party shall promptly provide a writing indicating that such oral communication constituted Confidential Information.

2.    Exclusions from Confidential Information. Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval.

3.    Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.

4.    Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.

5.    Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.

6.    Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.

7.     Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be amended except in a writing signed by both parties.

8.    Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.

9.    Notice of Immunity [OPTIONAL]

Employee is provided notice that an individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order.

This Agreement and each party's obligations shall be binding on the representatives, assigns and successors of such party. Each party has signed this Agreement through its authorized representative.

_____________________________________________________ (Signature)

___________________________ (Typed or Printed Name)

Date: _______________

_____________________________________________________ (Signature)

___________________________ (Typed or Printed Name)

Date: _______________

http://www.ndasforfree.com/NDAS/GetBasic.html


After reading through this sample, it still didn’t add much to my basic understanding of NDA documents. Although, I did find a spelling error, which I highlight in yellow. However, I looked further on the Internet by googling Wikipedia. This paragraph explains essentially what I already knew.



NDAs are commonly signed when two companies, individuals, or other entities (such as partnerships, societies, etc.) are considering doing business and need to understand the processes used in each other's business for the purpose of evaluating the potential business relationship. NDAs can be "mutual", meaning both parties are restricted in their use of the materials provided, or they can restrict the use of material by a single party.

Wiki’s spin


Wiki provided a good explanation in simple sentences that anyone could understand. Nonetheless, what I still don’t understand is how a NDA could be used for two people messing around sexually. Apparently, there is a NDAATAMAS (Nondisclosure agreement among two adults messing around sexually), which Donald the Dumb had Stormy Daniels signed along with her getting $130k. Apparently, that was a hush money incentive.


Then I started pondering the NDASTAMA issue. All sorts of question arose. Therefore, I googled again in an attempt to further understand these don’t tell documents. The next highly academic approach to the general NDA that I found was from the legal mind of Attorney Jimmy Kimmel.



While Attorney Kimmel’s interview was very good, watch this half minute part of the video.



This next segment addressed something that has always bothered me. Donald the Dumb is always talking about size…his size. I would think that a more reliable source would be from all the various women. What did Stormy think? Was that also in the NDA?



Finally, I’d suggest that Special Counsel Robert Mueller would consider including Attorney Kimmel dialogue in his investigation of Donald the Dumb.






Donald the Dumb

Donald the Dumb

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Forrest Gump Film Poster

Forrest Gump, "Stupid is as stupid does."

Visit the Stupid is As Stupid Does page to read more about this topic.

03/02/18