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Please note: This sample contract is provided for your information as a sample only. The Document Management Industries Association (DMIA) cannot guarantee the contract's value or effectiveness as a legal document. DMIA accepts no responsibility for any outcome arising from the use of this document in any business relationship. DMIA disclaims all warranties with regard to this contract, including any and all implied warranties of merchantability and fitness. In no event shall DMIA be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, arising out of or in connection with the use or performance of this document, or any document retrieved from DMIA's Web site. Be sure you consult your legal advisor(s) before creating any documents or other legal instruments you use with customers.
SALES SERVICE CONFIDENTIALITY
AND NON-COMPETE
Agreement between ____(Company Name)_____ (Employer), and ___(Employee)___ hereinafter called Employee.
- Employment. The Employee hereby employs the Employee as a Sales /Customer Service person and the Employee accepts employment upon the terms and conditions hereafter set forth.
- Term. This Agreement shall be for a period of at least one (1) year and thereafter as the Employer and Employee shall mutually agree.
- Compensation. For all services rendered, the Employer shall pay the Employee per month or at the current rate and reviews for merit increases consistent with Employers current policy.
- Duties. The Employee is engaged as a Customer/Sales Service person in accordance with the instructions to be given by Employer.
- Confidentiality. "Confidential Information" means information to which I have access during my Employment that is not generally know and is proprietary to _(Company Name)_ or that _(Company Name)_ treats as proprietary (including, but not limited to all _(Company Name)_ accounts, sources, media, artwork, negatives, techniques, trade secrets, systems, applicant and customer list, mode of marketing, methods, records, materials, accounting, selling, financial information, plans, proposed, discussed, or utilized by _(Company Name)_. Any information disclosed to me or to which I have access during the time of my employment that I reasonable consider to be Confidential Information, or that _(Company Name)_ treats as Confidential Information, will be presumed Confidential Information. I agree that all Confidential Information shall remain the exclusive property of _(Company Name)_, and that I will never, during my employment or for a period of (12) months following the termination of my employment with _(Company Name)_, whether voluntary or involuntary, reveal the contents of any such Confidential Information to any person or entity not authorized by _(Company Name)_ to receive it. When my employment with _(Company Name)_ terminates, whether voluntary or involuntary, I will promptly turn over to _(Company Name)_ all notes, forms, correspondence, tape recordings, memoranda, notebooks, records, files and all other items that disclose or embody Confidential Information, including all copies, reproductions, and specimens, regardless of who prepared them.
- Competitive Activities. I agree that for a period of twelve (12) months following the termination of my employment with _(Company Name)_, whether voluntary or involuntary, I will, prior to accepting employment with any new employer, inform that employer of this Agreement and provide that employer with a copy of this agreement. I further agree that for a period of twelve (12) months following the termination of my employment with _(Company Name)_, whether voluntary or involuntary, I will not accept employment with a competitor of _(Company Name)_, without first notifying _(Company Name)_ and getting _(Company Name)_'s approval in writing.
- Remedies. Because I recognize that irreparable damage will result to _(Company Name)_ if I violate any portion of this Agreement, I hereby agree that in the event of any breach by me, or in the event of apparent danger of such breach, _(Company Name)_ shall be entitled to the remedies as hereinafter set forth. In agreeing to be subject to such remedies, I agree that such remedies are fair and appropriate remedies and for _(Company Name)_. _(Company Name)_ may collect from me, and I agree to pay _(Company Name)_, liquidated damages caused by my breach. These liquidated damages shall be determined by an arbitrator of the American Arbitration Association.
- LAWS. The Laws of the State of _________ will govern.
Accepted by:________________
(Employee) |
Witnessed__________________
(for Company Name) |
| DATED:____________________ |
DATED:____________________ |
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