A confidentiality agreement puts each party on notice that what is being discussed is solely for each party and only for the stated purpose within the agreement. The critical elements within the confidentiality agreement are therefore that parties must specifically state the type of information that is being disclosed and also the intended purpose for which the information is to be used.
Many individuals will use the terms Letter of Intent, Memorandum of Understanding, and Term Sheet interchangeably, however there are slight, mainly style, differences. Memorandum of Understanding (MOU): The main difference between the MOU and LOI is the nature of the signatories. While two parties are involved in a LOI, a MOU can involve more than two parties. Additionally, while a letter of intent needs only the party which proposes the agreement to be a signatory, a MOU implies that all the parties involved have to be signatories.