AMENDED STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

NANCY J. KOPPE, Magistrate Judge.

Third-Party Defendant Kevin Harrington ("Harrington"), by and through his counsel, the law firm of Dickinson Wright PLLC, and Third-Party Plaintiff Shana Lee McCart-Pollak ("Shana"), by and through her counsel, the firm of Parry & Pfau, stipulate that discourse and discovery activity in the above-captioned action (the "Action") are likely to involve the production of confidential, proprietary, or private information for which special protection from public disclosure and use for any purpose other than prosecuting this litigation would be warranted. Accordingly, the Parties stipulate to the following Stipulated Confidentiality and Protective Order ("Protective Order"). The Parties hereby STIPULATE as follows:

1. Any party or non-party may designate as confidential (by stamping the relevant page with the word "Confidential" or as otherwise set forth herein) any document or response to discovery which that party or non-party considers in good faith to contain information involving confidential personal or business information, subject to protection under the Federal Rules of Civil Procedure or Nevada Law (hereinafter referred to as "Confidential Information"). Where a document or response consists of more than one page, the first page and each page of which confidential information appears shall be so designated.

2. Any party may designate as confidential-attorney eyes only (by stamping the relevant page with the word "Attorney's Eyes Only" or as otherwise set forth herein) any document or response to discovery which contains sensitive, highly confidential, non-public information, consisting of trade secrets, financial records, or other highly confidential documents the disclosure of which to the Receiving Parties or non-parties (other than the Designating Party) would be likely to cause competitive or business injury to the Designating Party (other than injury to the Designating Party's position in this Action) and/or compromise the security, protection and/or safety of the Designating Party's personal or business interests (herein after referred to as "Attorney's Eyes Only Information"). Where a document or response consists of more than one page, the first page and each page on which confidential information appears shall be designated.

3. A party or non-party may designate information disclosed during deposition or in response to a written discovery as Confidential or Attorney's Eyes Only by so indicating in said response or on the record at the deposition and requesting the preparation of a separate transcript of such material. Additionally a party or non-party may designate in writing, within twenty (20) days after the receipt of said responses or of the deposition transcript for which the designation is proposed, that specific pages of the transcript and/or specific responses be treated as Confidential or Attorney's Eyes Only information. Any other party may object to such proposal, in writing or on the record, and upon such objection, the parties shall follow the procedure set forth in paragraphs 8 and 9 below. After any designation made according to the procedure set forth in this paragraph, the designated documents or information shall be treated according to the designation until the matter is resolved according to the procedures described in paragraphs 8 and 9 below, and counsel for all parties shall be responsible for marking all previously unmarked copies of the designated materials in their possession or control with the specified designation.

4. All Confidential Information and Attorney's Eyes Only Information produced or exchanged in the course of this case (other than information that is publicly available) shall only be used by the party or parties to whom the information is produced solely for the purpose of this case, unless the party or non-party producing the Confidential Information or Attorney's Eyes Only Information agrees otherwise.

5. Except with the prior written consent of the party or non-party who produced the Confidential Information, or upon prior order of this Court obtained upon notice to counsel for the party or non-party who produced the Confidential Information, Confidential Information shall not be disclosed to any person other than:

6. Except with prior written consent of the party or non-party who produced the Attorney's Eyes Only Information, or upon prior order of this Court obtained upon notice to counsel for the party or non-party who produced the Attorney's Eyes Only Information, Attorney's Eyes Only Information shall not be disclosed to any person other than:

7. Any persons receiving Confidential Information and/or Attorney's Eyes Only Information shall not reveal or discuss such information to or with any person who is not entitled to receive such information, except as set forth herein.

8. Unless otherwise permitted by statute, rule or prior court order, papers filed with containing Confidential Information or Attorney's Eyes Only Information shall be filed by the court under seal and accompanied by a contemporaneous motion for leave to file those documents under seal in accordance with Local Rule IA 10-5. See order at Docket No. 358.

9. A party may designate as Confidential or Attorney's Eyes Only documents or discovery materials produced by a non-party by providing written notice to all parties of the relevant document numbers or other identification within thirty (30) days after receiving such documents or discovery materials. A document may lose its confidential status if it is made public by the party that marked it as Confidential or Attorney's Eyes Only.

10. If a party contends that any material is not entitled to confidential treatment, such party may at any time give written notice to the party or non-party who designated the material as Confidential or Attorney's Eyes Only. The party or non-party who designated the material as Confidential or Attorney's Eyes Only shall have twenty-five (25) days from the receipt of such written notice to apply to the Court for an order designating the material as Confidential or Attorney's Eyes Only. The party or non-party seeking the order has the burden of establishing that the document or information is entitled to protection.

11. Notwithstanding any challenge to the designation of material as Confidential Information or Attorney's Eyes Only Information, all documents or information shall be treated as such and shall be subject to the provision hereof unless and until one of the following occurs:

12. All provisions of this Order restricting communication or use of Confidential Information and/or Attorney's Eyes Only Information shall continue to be binding after the conclusion of this action, unless otherwise agreed or ordered. Upon conclusion of the litigation, a party in the possession of Confidential Information and/ or Attorney's Eyes Only Information, other than that which is contained in a pleading, correspondence, and deposition transcripts, shall either (a) return such documents or information no later than thirty (30) days after conclusion of this action to counsel for the party or non-party who provided such information, or (b) destroy such documents and information within the time period upon consent of the party who provided the documents and information and certify in writing within thirty (30) days that the documents and information have been destroyed.

13. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the use of documents or information at trial, except as to documents or information produced by a non-party. In the event a party seeks to use confidential information or documents produced by a non-party at trial, the party shall use his or her best efforts to secure the written consent from the non-party as provided under Paragraphs 5 and 6, above; and such consent shall not be withheld so long as adequate safeguards for the non-party's privacy concerns are in place including, for example, the redaction of sensitive and/or confidential information from the documents.

14. Nothing herein shall be deemed to waive any applicable privilege or work product protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material protected by privilege or work product protection.

15. Any witness or other person, firm or entity from which discovery is sought may be informed of and may obtain the protection of this Order by written notice to the parties' respective counsel or by oral advice at the time of any deposition or similar proceeding.

IT IS SO ORDERED.

EXHIBIT A

CERTIFICATION

I hereby certify my understanding that Confidential Information and/or Confidential-Attorney's Eyes Only Information is being provided to me pursuant to the terms and restrictions of the Protective Order dated _________________________, In On Demand Direct Response, LLC et al v. McCart-Pollak, Case No. 2:15-cv-01576-MMD-NJK. I have been given a copy of that Order and read it. I agree to be bound by the Order. I will not reveal the Confidential Information and/or Attorney's Eyes Only Information to anyone, except as allowed by the Order. I will maintain all such Confidential Information and / or Attorney's Eyes Only Information (including copies, notes, or other transcriptions made therefrom) in a secure manner to prevent unauthorized access to it. No later than thirty (30) days after the conclusion of this action, I will return the Confidential Information and/or Attorney's Eyes Only Information (including copies, notes or other transcriptions made therefrom) to the counsel who provided me with the Confidential Information and/ or Attorney's Eyes Only Information.

I hereby consent to the jurisdiction of the United States District Court of Nevada for the purpose of enforcing the Protective Order.