No Sharing Our Info

It’s unfortunate that I have to post this but due to some recent activity and because we’re at the point where our betting program will be producing a majority of winners, and our security software tracks All IPs and their locations and each device’s mac address, And this security software has identified several times different addresses logging in,
it has become necessary to clearly define what actions will release an investor indefinitely from our venture in order to protect the rest of us and All we have invested.

1). No investor can share or sell ANY of the information provided from our betting program whether seen published on this site Or in print form, verbally, electronically or otherwise.

2). No Investor can share or provide their login credentials to anyone for any reason, verbally, electronically or otherwise.

3). No Investor can share or sell ANY proprietary information that we shared on our website about the algorithms we’ve included in our betting program, photos, videos, screen shots, any of it verbally, electronically or otherwise.

Breach of this and even suspected breach until we can confirm otherwise will automatically release this investor from our venture and they will no longer have access to any part of this venture, ever again.

and

To protect our copyrights and proprietary information we have changed the settings on the Non-Disclosure Agreement to agree to regularly rather than agreeing to once even though agreeing once binds each investor continuously.

The security software as well as all parties and me that monitor usage understand that most of us own several devices that will access this pertinent information and takes this into account. So no need to worry if you have more than two devices because this is recognized and of course you won’t be oust. However, the security we have in place is similar to the security banks use so when it does detect a breach, we will deactivate and then terminate this individual account without notification.

And to be clear It Is fine for each investor to personally bet anything that they want from the information we provide though I’d like to ask that should I post a Rainbow Pick 6 play before the first leg is run for everyone not to duplicate the bet only because to hit the big payout it only happens when one ticket hits. It’s fine if any investor wants to bet a Pick 5 or 4 off of the posted Rainbow pick 6 wager, just not a duplicate bet of our rainbow pick 6.

BTW I was really happy to hear that two of you hit serial wagers off of the pick 6s we displayed. Want everyone who is an investor to reap all the benefits available to you from your much appreciated investment because without you we wouldn’t be here at all. Just keep it for yourself.

Disbursements

With the three recent Pick 6 bets getting five out of six in each of the only three Pick 6 wagers we’ve made, my hope is everyone sees how we’re on the cusp of cashing big. Couple this with the program reaching the point of confidence when the essential algorithms are added by the end of this month, it’s time to discuss money and how we’ll be disbursing it.

In order to reach this point, where I know I can confidently bet for us and win, I’ve hired a team to get us here which has added another 100K to the costs. And through accounting we have determined that our monthly operating expenses will be 10K for the first year. Then at the end of the year we will begin paying equi-stats, the company that owns 60% of Zen Racing Stats and the database that we’re using, $5K a month for the use of this data feed which then will increase our average monthly operating costs to $15K.

All these costs will eventually be paid for from the bets that we make. Though in order to make money, we must invest a sizeable amount of money into our bets and as previously mentioned we’ll eventually average a wager of $2K per race. In order to accomplish this we’ve determined Zen Racing must maintain a betting balance of $200K.

Plan to go into the details of the bets we’re going to be making in a later post however for now in order to clearly relay the business plan, know that 70 to 75% of our wagers will be win-place- and/or show with the other 25% exotics and these will include serial wagers like Pick 6s, 5s, 4s, daily doubles as well as exactas, trifectas, superfectas and probably even E-5s. The stats will tell me when and which ones of these we bet.

Because we’re running a business like any other and the goal is to reach the point of self sufficiency this requires enough money in hand to make these bets which as stated is $200K, enough to cover for the 10K monthly operating costs And to clear the balances due the developers, mathematician and everyone contracted to date to get here. Prior to contracting everyone new we had a balance of $45K due all parties. Adding to this is the $100K for the additional developers recently hired and this increased the balance due to $145K of which we’ve applied $65K towards from the 12 shares offered to our current investors for $6K each. This leaves us 8 shares to make all this work.

Since our massive endeavor is just about to fruition and we’re almost ready to roll we have several potential outside investors chomping at the bit so to speak and currently I am in the process of offering these 8 remaining shares for $50K each.

I’m selective as to who we let in as everyone must follow our structure in order for this to work so I’m not necessarily opening these shares to just anyone and because of this it may take a few months to unfold. Though I did keep some of the investment money back so we have money to bet as soon as the program has the algorithms in so we won’t be delayed. It’s just the amount wagered will be lower than our eventual goal and in line with money on hand. And we won’t get to the point of dividend disbursements until all the mentioned expenditures are met by either winnings from our wagers and/or the $50K per 8 open shares is invested. Once our $200K betting pool is reached and we have enough in hand to cover for the $10K per month operating costs, we’ll begin paying dividends and this is how paying the dividends will be:

At the end of each month we’ll tally the gross income from our bets, minus any money to replenish to maintain the $200K betting pool and deduct the operating expense and all remaining funds will disperse in dividends. To be clear, let’s say we have $100K left after replenishing the betting pool and deducting the $10K monthly operating expense, we’d divide the $100K by 100 (shares) and the dividend paid this month will be $1,000 per share. In other words should an investor own 2 shares, in this scenario this investor would receive $2,000 in dividends for this month. And these dividends are the reason we needed everyone’s tax info because we’re required to issue 1099s for all dividends paid at the end of each year.

This is an exciting time for all of us and we’ve finally arrived! Couldn’t have done any of this without You. For this, your patience and understanding of what it took to get us here, from our heart, we are forever grateful.

Most of all none of this could have happened without Ed and his determination to figure out how to consistently win in this great sport that all of us love.

Thank You Ed !

Pick 6 Bet at GP

Well…. at least we got the third 5 out of 6 out of the way. I heard my Mother’s voice echoing when things happen in 2s they always happen in 3s and though this is our third close call and we didn’t get beat by the 7 horse winning, instead we did got beat by the 7 horse losing so that’s is the third 7 too.

Maybe this means we’ll win the next one but if not, I know this…. We’ll keep trying, especially once the program has all the anticipated algorithms added in by the end of this month. Looking forward to that day which will be here soon.
__________

I made the following Pick 6 wagers for us today at GP

Gulfstream Race 5

$0.20 PK6 on 1-7,9-11/1-6/1/7/4/1,2,5-7,9-11 $96
$0.20 PK6 on 1-7,9-11/5/1/7/1-3,5/1,2,5-7,9-11 $64

and I made the following Pick 4 wager for us today at KEE

Keeneland Race 2

$0.50 PK4 on 2-6/1,3,5,7,9/1,3,5,7/5 $50
$0.50 PK4 on 1/1,3,5,7,9/1,3,5,7/1,2,3,4,5 $50

Betting Opportunities

This happens to be one of my favorite times of the year to look for bets and most likely not for the same reason everyone else loves this season because my focus is not particularly on the 3 year olds leading up to the Derby. My focus is on the horse’s that have returned home after running at the two winter specialty meets; Gulfstream and the Fair Grounds.

Most people are not aware as we weren’t until we tracked Jockey-Trainer stats that Gulfstream has two, very separate, very different meets. They have their specialty winter meet that actually begins some time in November when all the trainers from the East, the Mid-West and the West coast ship down and these trainers only ship their best runners to compete with the other best runners in our United States. These winter meets close when Keeneland opens because this is where all the trainer’s that are fortunate to have young horses making their mark in history go to compete and then the remainder return to their home base tracks.

Then why should this matter and open up betting opportunities at all the tracks these horses return to? Well it’s wonderfully simple because the trainers that ship their horses to these specialty meets, only ship their best because they are competing against the best for purses that are worth shipping their best runners for. So when they return to their home tracks these horses are back competing with the horse’s that did not ship to these specialty meets which gives these runners a huge, huge edge when they are back home, no matter their odds.

So what’s the best way to bet these horses when they return to their home track?

The way I bet these is when I have a stat in a race or if I am looking to make a serial race wager, I either add the horses that ran at these specialty tracks to my wager with the stat horse or if I’m faced with making a decision whether to choose one stat over another and then I noticed that one of these ran at either GP or FG, I usually choose that horse over the one that did not ship and as mentioned yesterday about the more often than not, this is the correct choice to make.

More often than not still means that the horse you did not select can win and the choice you made in the race will be beaten, however staying with the consistency of any move such as this, more often than not you will win and I’ve hit these with amazing mutual results.

The best way to show how I came to understand this powerful move is to share about the first hit I had betting these horses from GP and FG because it was a hit for 7K that was shared with friends we were meeting at the GP racetrack after the specialty meet closed.

This was years ago, when we lived in Florida and the Pick-4 had a $1 base wager at Woodbine racetrack. Anyone who is serious about racing knows that you try not to go to the track with friends who don’t regularly attend, however Ed’s reputation was unavoidable so we’d make exceptions once in a great while because they were friends and they agreed to front all the money for the bets.

They expected Ed or actually mostly me to decide the plays we make because I was the one who bet exotics while Ed remained focused on wins. Since nothing jumped off the page at us at GP that day, we bet mostly on simulcasting and on this day I had a pick 4 wager figured at Woodbine and in the middle of this serial wager, leg 3 to be exact, I singled a horse that ran at GP during their winter meet. This horse won and paid $76 for win. Fortunately we had All in the last leg so everyone knew we hit but none of us had any idea of what it would pay. Since Ed and I enjoyed sitting outside as we always did when we went to live racing, we really had no interest going inside on such a beautiful day.

But, our friends who held the tickets for every wager we’d make knew we were sitting on a Signer and understandably couldn’t contain their enthusiasm so they decided to stand the full 30 minutes in front of a Woodbine screen to see first hand who won the last leg. They couldn’t get back to our picnic table fast enough to let us know a 17/1 shot just hit.

Needless to say Ed and I went inside with everyone to cash and were especially happy to discover that even though the hit was for over $7K the track did not take out any taxes because they said Woodbine was in Canada so we did not have to pay. Wasn’t aware of that at the time but there were 7 happy people, including us when we cashed and each received over $1,000 bucks. Then when we got home I looked again at the bet and it was then that I noticed the horse that won the last leg, the horse that was 17/1 ran at FGs winter meet 🙂

Nothing like a big pay day to remember what made it happen and right now there are betting opportunities like these all over the place.

More Often Than not + Either or

I began writing this before the last leg of the Pick 6 ran at KEE today because I was going to write about the reason I chose to bet a Pick 6 at Keeneland which was because of the last 2 legs; race 9 and particularly race 10 jumped off the page at me. Then when I started to delve I noticed trainer Chad Brown and jockey Irad Ortiz Jr had 2 separate runners that I viewed each had a legitimate chance to win within this multiple pick 6 race wager so I decided it was worth a potential bet.

What is Either Or you may ask? Well it’s a more often than not rule of thumb that I have on my roster. Though I go into some details regarding this play in my book Signers it was published back in 2004 (which BTW you can download for free at the above link), I’ve since learned to take this to another level and discovered a very cost effective way to consistently hit multiple race wagers for an extremely affordable investment amount. In other words You do not have to bet a lot to win a lot. And you can even add in those horse’s that you don’t have because it increases the cost of the ticket yet cause concern due to the cost of all runners on one ticket where betting an Either or you get a single in each leg by betting the either or trainer in two of the legs on two different tickets.

Before I can really explain I must share with you what Ed and I labeled our rule of thumbs and one of these was more often than not rule of thumb. Which encompasses quite a few scenarios on a conscious list that whenever we identify one of these moves, we stick to our rule of thumb. The first one that comes to mind is because it happens daily and that is, Ed and I never bet a horse that just broke its’ Maiden in a Maiden Claiming race unless today’s race is on a different surface (meaning the last race was on the dirt and today’s race is on the turf) and only consider if the horse is bred for today’s conditions, or if the last race was on a fast track and today’s surface is muddy and this horse is bred for the mud, or if the horse had a break (defined as a layoff) of 45 days or longer and the trainer shows capable of winning on this move. This rule of thumb is applied because more often than not, the maiden claim winner throws in a clunker if they run a race right after the maiden win. Purely because the maiden claimer is now running against non maidens who are more “seasoned” so to speak and by sticking to this rule of thumb, of never betting maiden claimers right after they win more often than not by consistently making this decision to stick to this rule of thumb, we win. 🙂

I emphasis that passing bets on a maiden claimer right after they win does not necessarily apply to Maiden Special Weight (MSW) winners. By breaking their maiden in the special weight ranks, this signifies class pedigree, which can also be identified by purse size, and these horses can and do repeat and win. MSW is a completely different class level than Maiden Claim.

Finding bets to make is only half the battle. The other half is just as important and that is how to make the bet once you locate it and even this requires a rule of thumb. In the case of a pick 6 wager we like the bet to consider the bet when on 2 tickets we can place the wager for between $250 and $400 depending on the base amount of the bet. When the ticket costs higher, we’ve come to recognize that we’re not confident enough in our wager and it would be placing too much to chance so we pass and wait for a later date.

All said, I’d like to walk everyone through how we got 5 out of 6 again on our second syndicate pick 6 wager and you’ll see just as easily how we will eventually hit one and this will be one of many to come.

First, the main reason for the bet was Race 10, the 9 horse trained by Bill Mott. Had this horse listed as my POD (stands for Play of the Day) because the horse woke up last time out, was favored in her last 3 races and ran at GP which is considered the winters specialty meet plus Mott had a 66% win percentage in today’s TS Stats and a 100% Layoff percentage on 3rd after a layoff in a sprint.

Prior to viewing race 10, race 9 had several horses that jumped off the page however the number 8 horse who is trained by Chad Brown and who was ridden by Irad Ortiz Jr had huge pedigree for a good turf and also had a recent turf work on the same type of good turf surface though there were other horses in this same race that got my attention for similar reasons.

From here I went race by race starting with race 5 which was the first leg of the pick 6 and right away I noticed a horse trained by Chad Brown with the same jockey Irad Ortiz Jr riding that was in race 10 and this 1 horse also possessed pedigree for a good turf. So I realized I now had a potential Either or; same trainer, same jockey, in similar conditions, all with a real chance of winning within this serial race wager. I also noted that should Brown miss either leg that there were quite a few horses in each that had a chance of winning under these same surface conditions so if Brown missed either leg that the winner was open for a possible long shot which is exactly what took place…..

In leg 1 Brown lost race 5 and a long shot, the #10 trained by Steve Asmussen won paying over $30 to win. After this leg I realized that we were anchoring on Browns horse in race 9 and of course the single that we had on both tickets, the 9 horse in race 10.

Fortunately we didn’t get knocked out of the first leg like we did the other day at GP which always feels better than knowing your chances are over right away, and again we only lost one leg and it so happened to once again be to a horse with the number 7 that beat us. Then my mother’s thoughts always come to mind because since I was born she said when things happen in 2s, they always happen in 3s and this is so true that I have witnessed this countless times in this life path so saying so to forewarn everyone that we’ll probably get 5 out of 6 in a pick 6 again and the leg we miss will be the horse #7. However hopefully through this insight mixed with the humor of my Mom, everyone can see why we bet a pick 6 today at Keeneland and the reasoning behind the decisions.

When I looked back on the 7th race to view the horse that won that I did not have on our ticket I can see how this horse did win and not having this horse included was purely an oversight by me and not anything to do with any rule of thumb. As a matter of fact, as things for some reason always come clearer after you lose a race, I can see clearly now that this horse is already a proven winner on a good turf surface that happens to be at the same distance as today’s race.

When our program is to the point of anticipation by the end of this month, missing horses such as this will come into view and we’ll hit more of these than we will not and another thing that has come clear to me and that is I will probably have to make adjustments to our current list of more often than not because when statistics show their strength, I must and will make the necessary adjustments even though human error will sometimes still get the better as long as the better is less often than not 🙂

KEENELAND PICK 6 and

I made the following pick 6 wager for us today at Keeneland. Here’s our wagers:

Keeneland Race 5

$1.00 PK6 on 1/5,6/1,9,10,13/2,3,5,6/1,4,6,8,9/9 $160
$1.00 PK6 on 2-4,6-12/5/1,9,10,13/2,3,5,6/8/9 $160

Also made a Superfecta Wager at Tampa today:

Tampa Bay Tbd Race 9

$0.50 SPR on 3/1-10/8/1-10 $28
$0.50 SPR on 3/1-10/1-10/8 $28
$0.50 SPR on 1-10/3/8/1-10 $28
$0.50 SPR on 1-10/3/1-10/8 $28

The Human Factor

Way back when Ed first published his Layoff and Claim information in booklet form he included this statement in the preface:

I track the 1st, 2nd, 3rd and 4th race after a layoff, separated by sprint, 7 furlongs and under and route races 7 and 1/2 furlongs and greater and I have the same 4-step procedure for claiming trainers. So I handicap the Human Factor and not the horse.

A very powerful statement included in a brief synopsis of how Ed actually looked for potential wagers to make. Rather than viewing the horses history to predict the outcome in today’s race, Ed looked for the improvement in the place that makes sense, in the place that all other sports look for improvement too, through the manager and our sports equivalent is through the trainer. Yet even as against the grain that this approach is, Ed soon discovered an even more deep rooted human element that had to be added in and these include the jockey who rides their horse and the most important of all, the owner, because this is the person that pays the bills.

To us handicappers the owner is almost completely invisible unless they come into the spotlight by owning a Stakes Grade winner, which essentially gives us a false impression of how potent this entity actually is towards the outcome of todays race.

Yet Ed viewed this aspect realistically because every horse that runs a race has an owner and each owner is responsible for the food their horse eats, the veterinarian fees to treat normal athletic injuries, and all the expenses in getting every runner ready to race, that includes paying jockey’s to ride and to workout their horses, the silks, the outrider ponies, etcetera in the form of a day rate which averages upwards of $100 a day per horse so owners in horseracing are no different than owners of any other business. They want to make money and if they are the dominate financier because they pay all the bills, they want to have all the say so of what happens with their horse as well as when it happens.

This may sound minimal but when viewed through the brain of Ed Bain who witnessed such things first hand by placing wagers on statistics of such, it’s the owner who says my horse belongs in an Allowance Race with a purse of $50K because he’s my horse and he has superior pedigree, when in fact the trainer knows good and well that their horse actually belongs in a $10K claiming race because their pedigree isn’t as stellar as the owner likes to believe.

At one point in Ed’s life he was in real estate and can’t tell you how many times he met with home owners who want to sell their home that state they have the most beautiful home on the block if not in the entire neighborhood and because of this, their home should be put on the market for a higher value than any home similar and they list their home with an agent who agrees to the listing only to sit on their asking price too long until they accept the reality and move their asking price way down……… and horse racing owners are no different. And the great news is our statistics take all this into account and much more, especially when the trainer is also the owner of the horse.

Ed used to say that the really good trainers know where to place their horse and place them in the class, distance and surface that best suits them which they come to know through their charge. Then behind the scenes he added the really good trainers know how to handle their owners and the really fortunate ones are the trainers who own their horse because they don’t have to listen to an outsider who knows nothing about training horses tell them where they should run.

Not all trainers are owners voluntarily, many self train because they haven’t been able to hire their services out to an owner however the ones that are owners by choice know that when they win, they collect the entire 60% of the purse verses the 10% allotted to the trainer otherwise. And to see how much of an impact this actually has, I’ll ask you to take notice when a trainer has multiple entries in a race, particularly ones that are not coupled and one horse is owned by ABCXYZ Owner and the other is owned by the trainer, more often than not you’ll see the trainer owned horse win in this scenario while their ABCXYZ Owner horse usually tries but comes in just short of the winning results. Though I realize making this observation is not the trainer admitting to making this as a conscious move, and is quite the reverse actually because it’s a financial subconscious one. The trainer that seems to make this move more than the rest is Steve Asmussen so if you notice him in a race, see if he has another runner in the same, one that he owns and trains and another for someone else and note how often he wins verses the ones he doesn’t own. He does this move so often that I actually find him unplayable because I zig when I’m supposed to zag and so on however once all the upcoming algorithms are in place by the end of this month, I’m happy to say that we’ll know exactly when we should pounce on this very move.

In Case I need to be Absent for a day

Just wanted to put everyone’s mind to rest in case I find myself in need of a day off. I’ve trained someone quite capable who can make the bets for our syndicate, She’s partial to horses out of Kitten’s Joy, Tale of a Cat or Storm Cat to name a few and does quite well, especially with first time starters and races ran in the mud or on the turf.

Good News, Good News and More Good News

We’ve contracted some serious developer help to build a tool so that the database and all it’s components will be cleaned (meaning aliased so the bulk majority of names will match) and this will be accomplished within the next 10 to 14 days.

At that time we’ll be able to add in the Owners which is one of the most important components currently missing from the calculations because until now, was too enormous a task to consider adding in due to the thousand different ways these owners are listed. However, the tool the developers built will take on this task for us.

After this is accomplished we’ll be adding in many missing and anticipated algorithms, such as pedigree; how this performs on different surfaces and surface conditions, ages, class and/or distance each prodigy is best suited for and where each will most likely win. The algorithms that produces a positive will add to today’s horse’s ratings while the negative ones (such as a horse isn’t placed in the right class) reduces the rating so when a horse makes it to our Potential Bets list, this runner will have at least a 15 sound point rating higher than any of the other runners in the same race. The integration of these algorithms will take an additional 2 weeks so by the end of this month we’ll be able to confidently make wagers and after a short test run of tweaking where the point ratings may be too tweaked or not enough, we will be going live and our venture will be running full speed ahead! Yeah!!!

Because we’re making our way to the far turn and going down the stretch, will need everyone who has a balance due on their investment(s) in hand no later than the end of this month so we’ll be ready to roll.

If this goes as well as expected , we may not have to open up any of the remaining shares.

Non-Disclosure

Non-Disclosure Agreement

This Non-disclosure Agreement (this “Agreement” is effective as of May 08, 2020 the “Effective Date”), by and between Zen Racing Stats LLC (the “Owner”), of 8465 W Sahara Ave Suite 111-515, Las Vegas, Nevada 89117, and all LLC Members (the “Recipient”) where

Zen Racing Stats LLC will be sharing proprietary information with all its members, investors, and silent partners and as long as they own stock in and/or work for Owner in any capacity is prohibited from sharing, giving away, selling, showing or collaborating with to any person and/or entity outside Zen Racing Stats LLC company indefinitely.

The Owner has requested and the Recipient agrees that the Recipient will protect the confidential material and information which may be disclosed between the Owner and the Recipient. Therefore, the parties agree as follows:

I. CONFIDENTIAL INFORMATION. The term “Confidential Information” means any information or material which is proprietary to the Owner, whether or not owned or developed by the Owner, which is not generally known other than by the Owner, and which the Recipient may obtain through any direct or indirect contact with the Owner Regardless of whether specifically identified as confidential or proprietary. Confidential Information shall include any information provided by the Owner concerning the business, technology and information of the Owner deals, including, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential.

A. “Confidential Information” does not include:

– matters of public knowledge that result from disclosure by the Owner;

– information rightfully received by the Recipient from a third party without a duty of confidentiality;

– information independently developed by the Recipient;

– information disclosed by operation of law;

– information disclosed by the Recipient with the prior written consent of the Owner;

– information disclosed by the Recipient with the prior written consent of the Owner; and any other information that both parties agree in writing is not confidential

II. PROTECTION OF CONFIDENTIAL INFORMATION. The Recipient understands and acknowledges that the Confidential Information has been developed or obtained by the Owner by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of the Owner which provides the Owner with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by the Recipient of the Confidential Information, the Recipient agrees as follows:

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III. UNAUTHORIZED DISCLOSURE OF INFORMATION – INJUNCTION. If it appears that the Recipient has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, the Owner shall be entitled to an injunction to restrain the Recipient from disclosing the Confidential Information in whole or in part. The Owner shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.

IV. NON-CIRCUMVENTION. For a period of five (5) years after the end of the
term of this Agreement, the Recipient will not attempt to do business with, or otherwise solicit any business contacts found or otherwise referred by Owner to Recipient for the purpose of circumventing, the result of which shall be to prevent the Owner from realizing a profit, fees, or otherwise, without the specific written approval of the Owner. In such circumvention shall occur the Owner shall be entitled to any commissions due pursuant to this Agreement or relating to such transaction.

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VI. RELATIONSHIP TO PARTIES. Neither party has an obligation under this Agreement to purchase any service or item from other party, or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture.

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IX. INDEMNITY. Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs and expense, including reasonable attorney’s fees, cost and expenses resulting from the indemnifying party’s material breach of any duty. representation, or warranty under this Agreement.

X. ATTORNEY’S FEES. In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

XI. TERM. The obligations of this Agreement shall survive Indefinitely from the Effective Date or until the Owner sends the Recipient written notice releasing the Recipient from this Agreement. After that, the Recipient must continue to protect the Confidential Information that was received during the term of this Agreement from unauthorized use or disclosure indefinitely.

XII. GENERAL PROVISIONS. This Agreement sets forth the entire understanding of the parties regarding confidentiality. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of Nevada. This Agreement shall not be assignable by either party. Neither party may delegate its duties under this Agreement without the prior written consent of the other party. The confidentiality provisions of this Agreement shall remain in full force and effect at all times in accordance with the term of this Agreement. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.

XIII. WHISTLEBLOWER PROTECTION. This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets; (1) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (11) in a complaint or other document filed in a lawsuit if made under seal.

XIV. SIGNATORIES. This Agreement shall be executed by Susan L. Sweeney Bain, Owner, on behalf of Zen Racing Stats LLC and Recipient and delivered in the manner prescribed by law as of the date first written above.