Intermediate

NDA: Non-Disclosure Agreement

Also known as: NDA, Confidentiality Agreement

What is NDA: Non-Disclosure Agreement?

A Non-Disclosure Agreement is a contract that legally binds the parties to keep shared information confidential. In partnerships it protects sensitive commercial data such as negotiated CPA rates, client volumes, and the broker's internal payout economics.

Key takeaways
  • An NDA legally binds parties to keep shared information confidential
  • It protects competitive data: negotiated CPA rates, client volumes, payout economics
  • Prefer a mutual two-way NDA so your traffic sources are protected too
  • A one-sided NDA can gag you while the broker stays free to talk
  • Confidentiality usually survives for set years after the partnership ends

How it works

Payout rates and client volumes are competitive intelligence. A Non-Disclosure Agreement makes their confidentiality legally enforceable, so a broker can share its rate card, A-book/B-book split logic and payout economics with a prospective partner, and the partner can share its traffic sources and client numbers, without either fearing leakage to competitors.

The structure matters as much as the existence of the NDA. A mutual (two-way) NDA binds both sides equally, protecting the partner's traffic sources just as it protects the broker's rates. A one-sided NDA only gags the partner, leaving the broker free to discuss the partner's business elsewhere. The obligation is time-bound: confidentiality typically survives for a defined number of years after the partnership ends, a term stated explicitly in the agreement.

  1. Decide the direction

    Choose a mutual NDA over a one-sided one where possible.

  2. Define confidential information

    Specify what is covered: rates, volumes, sources, payout economics.

  3. Set the survival term

    State how many years confidentiality lasts after the relationship ends.

  4. Sign before sharing

    Execute the NDA before any sensitive data changes hands.

  5. Then exchange data

    Share rate cards, volumes and traffic details under the protection.

Why it matters for partnership: Payout rates are competitive intelligence. An NDA stops a partner from broadcasting the exact deal they got, which would let other partners demand the same, and stops the broker from leaking a partner's traffic sources and client numbers.

Real World Example

Before a broker shares its top-tier rate card and A-book/B-book split logic with a prospective master partner, both sign a mutual NDA so neither can disclose the other's numbers to competitors.

Mutual vs One-Way NDA
Aspect Mutual NDA One-Way NDA
Who is bound Both parties Only one party (usually you)
Protects Your sources and the broker's rates The broker's rates only
Best for Balanced partner negotiations One party disclosing only

Pro Tip

Prefer a mutual (two-way) NDA so the confidentiality obligation protects your traffic sources as much as it protects the broker's rates.

Common Pitfalls

Signing a one-sided NDA that gags you about the deal while leaving the broker free to discuss your business with others.

FAQ

How long does an NDA last?

Typically the confidentiality obligation survives for a set number of years after the partnership ends, stated in the agreement.