premise: 4. The obligations set forth in Paragraph 3 above shall not apply to any information which: a. is already in the public domain at the time of disclosure to the Receiving Party or becomes available to the public through no breach of this Agreement by the Receiving Party; b. was lawfully in the Receiving Party's possession prior to receipt from the MyPoints.com; c. is disclosed to Receiving Party by a third party with the right to do so.