Whistle Recruiting shall not at any time divulge, communicate, use to the detriment of the Customer or for the benefit of Whistle Recruiting or of any other person or persons, or misuse in any way, any Confidential Information (as hereinafter defined) of or pertaining to Customer. Any Confidential Information or data now or hereafter acquired by Whistle Recruiting with respect to Customer (which shall include, but not be limited to, information concerning Customer’s technology, recruits, sources of leads and methods of doing business) shall be deemed a valuable, special and unique asset of Customer that is or may be received by Whistle Recruiting in confidence and as a fiduciary, and Whistle Recruiting shall remain a fiduciary to Customer with respect to all of such information. For purposes of this Agreement, “Confidential Information” means any and all confidential information concerning Customer or the Customer’s recruiting practices, and all trade secrets and information disclosed to Whistle Recruiting or known by Whistle Recruiting as a consequence of or through the unique position of its relationship with Customer (including information conceived, originated, discovered or developed by Whistle Recruiting and any information acquired by Customer from others) prior to or after the date hereof, and not generally or publicly known. If any person or authority makes a demand on Whistle Recruiting purporting to legally compel it to divulge any Confidential Information, Whistle Recruiting shall immediately give notice of the demand to Customer so that Customer may first assess whether to challenge the demand prior to the Whistle Recruiting divulging of such Confidential Information. Whistle Recruiting shall not divulge such Confidential Information until Customer either has concluded not to challenge the demand, or has exhausted its challenge, including appeals, if any. Upon request by Customer, Whistle Recruiting shall deliver promptly to Customer upon termination of this Agreement, or at any time thereafter as Customer may request, all records, reports, computer files in any media and other documents (and all copies thereof) relating to Customer containing such Confidential Information and all property of Customer, which Whistle Recruiting may then possess or have under its control.