This Non-Competition Agreement (“Agreement”) is entered into and made effective as of the _________, 2023 by and between Digital Marketing Company (referred to herein as “Company”) and ____________________________, a sales executive.
Digital Marketing Company and _____________________ are referred to collectively as “the parties” and each as a “party.”
WHEREAS, ______________ is a knowledgeable, experienced, and highly skilled sales executive;
WHEREAS, ______________ has been engaged to render services on behalf of the Company;
WHEREAS, ______________ is entering into this Agreement to express his agreement and commitment to not use inside information acquired while working for the Company to compete against the Company;
NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein, the parties hereby agree as follows:
- Non-Compete. ______________ agrees not to directly or indirectly compete with any business close to the Company, either individually or with a third party for a period of [INSERT DURATION], during which this Agreement is in effect. This includes, without limitation, conducting or working for, establishing, controlling, or owning as an affiliate, partner, or otherwise, any business which sells or provides, directly or indirectly, any product or service which is similar to or competes with, any product or service offered by the Company.
- Non-Solicitation. ______________ agrees that, during the term of this Agreement, ______________ will not directly or indirectly solicit, solicit the patronage of, divert, or endeavor to divert any of the Company’s customers, clients, operators, and/or suppliers.
- Proprietary information. ______________ agrees that all business and technical information acquired by ______________ during the term of this Agreement which is confidential or proprietary to the Company shall remain the Company’s exclusive property. ______________ shall not use or disclose any such information to anyone, including any other company or business, at any time either during or after the term of this Agreement.
- Court action. The parties agree that, in the event of any action seeking to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs from the other party.
- Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties hereto in respect of the subject matter thereof and supersedes any and all prior negotiations, representations, and understandings that the parties may have had in respect of the same.
- Binding Agreement. This Agreement shall be educational, non-transferable, and binding upon the parties and their respective successors and assigns.
- Waiver of the breach. A waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
- Severability. If a court of competent jurisdiction declares any part of this Agreement unenforceable, all other parts of this Agreement shall remain in force and effect.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first set forth above.
Michael Aaron Loftus
Digital Marketing Company
Sales Executive Signature: ______________________________
Printed Name: ______________________________
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