The Fitness Box CONFIDENTIAL NON-DISCLOSURE AGREEMENT This Confidential Non-Disclosure Agreement is entered into and made effective as of the date the internet viewer known as "Recipient" clicks "Accept", by and between: A+ Fitness, Inc., a California corporation. A+ Fitness, Inc. owns and possesses certain information relating to "The Fitness Box" and/or "The Aplus" and/or additional "Names" which have been selected to identify this invention. From hence forth, all names shall be represented by the single name of "The Fitness Box". A+ Fitness, Inc. wishes to exchange such information for the purpose of: determining whether to enter into a transaction with A+ Fitness, Inc.; purchasing and using products and services supplied by A+ Fitness, Inc.; and/or providing products or services to A+ Fitness, Inc., which may lead to a future business relationship between the parties on terms and conditions to be separately agreed upon. Said information is proprietary as to the respective party and involves certain information (including trade secrets, know how, techniques and specifications) of a character regarded by the disclosing party ("Discloser") as confidential (hereinafter referred to as "Confidential Information"). Discloser agrees to disclose and the receiving party ("Recipient") agrees to receive such Confidential Information on the following terms and conditions: The internet viewer after clicking "Accept" agrees to receive in confidence the Confidential Information regarding The Fitness Box as being proprietary and confidential, and to refrain from disclosing Confidential Information to any third party without A+ Fitness, Inc.'s express prior written consent, and to use the Confidential Information only for the purpose of evaluating the merits of the idea or invention disclosed in the Confidential Information. "Confidential Information" includes all mechanical, product design, product usefulness, technical or business information relating to the ideas, products and/or inventions identified within this form, (or shared verbally with and/or by the Inventor), and provided to the Inventor/President of A+ Fitness, Inc. 1. Recipient shall use the same degree of care as it uses with its proprietary information of a like nature (but in no event less than a reasonable degree of care) to hold Confidential Information in confidence and shall not disclose the same to others, or use the same except for purpose or purposes of this Agreement, without the written consent of Discloser for a period of three (3) years from the date of disclosure of the Confidential Information. However, Recipient may disclose Confidential Information to its officers and employees who have a need to know the same for purposes of this Agreement and who have signed a non-disclosure agreement with A+ Fitness, Inc. and their employer. 2. This Agreement shall govern disclosures of Confidential Information made within three (3) years from the date written above. 3. Confidential information shall include (a) information disclosed in writing and marked "Confidential" or bearing a similar legend on, or in conspicuous and close association with the information, and (b) information disclosed other than in writing, such as orally or visually, provided that the confidential status of the information is confirmed in writing by Discloser within thirty (30) days after disclosure. Confidential information disclosed "in writing" includes information that is printed or handwritten on paper, and also includes information that is transmitted or recorded on a medium other than paper. All "Company" samples, materials, and products delivered to or made available to A+ Fitness, Inc. shall be deemed "Company" Confidential Information without need for further marking. All samples, materials, and products electron beam processed by A+ Fitness, Inc. shall be deemed Confidential Information without need for further marking. Confidential Information may include information disclosed to the Receiving Party by an entity related to the Disclosing Party. 4. Confidential Information shall not include any information which Recipient can show: (a) was in the public domain prior to disclosure to Recipient, or thereafter comes into the public domain without the fault or breach of any confidentiality obligation by Recipient; (b) was known by Recipient prior to disclosure as shown by written records; (c) was disclosed to Recipient by a third party not in violation of any obligations of confidentiality to Discloser; (d) is independently developed by employees of Recipient who have not had access to Confidential Information of Discloser; or (e) is disclosed pursuant to an order or requirement of a court, administrative agency or other governmental body. Any combination of known information shall be within any of the foregoing exclusions only if the combination as such is within such exclusion. 5. Recipient agrees that all information, including drawings, designs, specifications, formulations, flowsheets, sketches, descriptions, data, samples and other material pertaining to Confidential Information and obtained from or through Discloser shall remain the property of Discloser. Recipient agrees to return all Confidential Information to Discloser, and all copies thereof, at the request of Discloser. 6. No right or license is granted hereby to Recipient, expressly or by implication, with respect to the Confidential Information or any patent, patent application or other proprietary right of Discloser, notwithstanding the expiration of the confidentiality obligations of this Agreement. Nothing in this Agreement shall be construed as a representation that either party will not independently pursue similar opportunities, provided that the obligations of this Agreement are not breached. 7. Proprietary Rights - Any and all proprietary rights, including patent rights, copyrights, trademarks and trade secrets, in and to any Confidential Information shall be and remain in the Discloser, and Recipient shall not have any right, license, title or interest in or to any Confidential Information nor any right to use Confidential Information in any patent application, either directly or indirectly, without the express written consent and cooperation of the Discloser. The Recipient shall have only the limited right to review such Confidential Information in connection with the proposed Relationship between the parties. 8. Each party agrees that it will not in any form export, re-export, resell, ship or divert or cause to be exported, re-exported, resold, shipped or diverted, directly or indirectly, any Confidential Information to any country for which the United States Government or any agency thereof at the time of export or re-export requires an export license or other government approval without first obtaining such license or approval. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A, without regard to its conflicts of law principles. 10. IN WITNESS WHEREOF, the parties have caused the Agreement effective when Recipient clicks "Accept" upon entering the domain name of "thefitnessbox.com". A party will be considered in default of its obligations under this Agreement if such party shall fail to observe, to comply with, or to perform any term, condition, or covenant contained in this Agreement and such failure continues for ten (10) days after the non-defaulting party gives the defaulting party written notice thereof. In the event of default, the non-defaulting party, upon written notice to the defaulting party, may terminate this Agreement as of the date specified in the notice, and/or may seek such other and further relief as may be provided by law, including injunction or restraining order as required to prevent unauthorized disclosures of Confidential Information."

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