This non circumvent agreement template has 6 pages and is a MS Word file type listed under our sales & marketing documents.
Sample of our non circumvent agreement template:
NON-CIRCUMVENTION AGREEMENT This Non-Circumvention Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Disclosing Party"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [NAME OF THE RECEIVING PARTY] (the "Recipient"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS [NAME OF DISCLOSING PARTY] has a business opportunity to share with [NAME OF THE RECIPIENT] and any and all other opportunities relating to or derived from such opportunity, and; WHEREAS all Parties have protective and actual relationships with clients and others which they hold to be essential to the conduct and profitability of its enterprise, and; WHEREAS all Parties recognize that mutual benefit may be derived when one Party is introduced to or becomes acquainted with a third party, identified to it by the other Party, and; WHEREAS, all Parties recognize that any such identification or location or introduction is a trade secret and is the exclusive and sole property of the disclosing Party, and; WHEREAS, all Parties desire to be bound legally as to the requirement for maintaining the privacy and security of the aforementioned relationships, and; WHEREAS, the Disclosing Party and Recipient have agreed to engage in a potential business opportunity which involves the following: [INSERT DETAILS OF BUSINESS OPPORTUNITY]. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, it is mutually agreed as follows: NON-CIRCUMVENTION During the term of this Agreement, the Recipient agrees not to contact, initiate contact, or attempt to do business with, at any time for any purpose, either directly or indirectly, any officers, directors, shareholders, consultants, attorneys, employees, agents or other affiliates of the business opportunity, or otherwise referred by the Disclosing Party to the Recipient for the purpose of circumventing, the result of which shall be to prevent the Disclosing Party from realizing a profit, fees, or otherwise, without the specific written approval of the Disclosing Party; such approval will be specifically granted in written form by the Disclosing Party on a case-by-case basis. If such circumvention shall occur, the Disclosing Party shall be entitled to any commissions due pursuant to this Agreement or relating to such transaction. TERM OF THIS AGREEMENT The obligations of non-circumvention shall survive [LENGTH OF AGREEMENT]. Either Party may terminate this Agreement at any time upon written notice to the other Party. Termination shall not affect confidentiality obligations with respect to any confidential information or business contacts that were obtained prior to the effective date of termination. BREACH OF THIS AGREEMENT In case of breach of this Agreement, the Recipient will pay a monetary penalty that is equal to the commission or fee the Disclosing Party should have realized in such a transaction. The fee or commission agreement may vary surrounding each business transaction that takes place due to this Agreement. TRADE SECRETS All information that is exchanged or becomes known through the course of the business transaction between the Disclosing Party and Recipient shall be deemed trade secrets. Trade secrets can include, but are not limited to, prepared information packages, financials, related documents, names of potential acquisitions, intermediaries, contacts and deal sources, deal structures, and financial considerations. Both the Recipient and Disclosing Party agree to preserve and protect the confidentiality of such information and shall not disclose this information without written permission from the other. CONFIDENTIAL INFORMATION The Disclosing Party and the Recipient will keep confidential the names and other personal information of any contacts introduced or disclosed to the other Party, and their corporations, partnerships, divisions, associates, firm, employees, contractors, agents, joint ventures, assigns, or consultants will not contact, participate or negotiate in any transactions with any of the contacts without first signing a written agreement with the Party who provided such contact unless that Party gives prior written consent. UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION - INJUNCTION If it appears that the Recipient has disclosed (or has threatened to disclose) confidential information in violation of this Agreement, the Disclosing Party shall be entitled to obtain an injunction to restrain the Recipient from disclosing the confidential information in whole or in part. The Disclosing Party shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages. APPLICABILITY OF THIS AGREEMENT Both Parties agree that the provisions of this Agreement extend to the employees, officers, and representatives of their respective companies/businesses. RETURN OF CONFIDENTIAL INFORMATION 8.1 Upon the written request of the Disclosing Party, the Recipient shall return all materials containing confidential information. The Recipient shall also deliver to the Disclosing Party written statements signed by the Recipient certifying that all materials have been returned within five (5) days of receipt of the request. SEVERABILITY AND CONSTRUCTION
